Sample collective appeal to the management company. Sample complaint to the management company: what needs to be taken into account

In Russia, the third largest problem is the housing and communal services sector. Quite often, citizens send applications to management companies with various claims. This procedure has many features. If you study them, each tenant will be able to defend their rights before the management company. How to properly file complaints against the actions of the Criminal Code? What is the procedure for submitting this document? Where can you turn if the housing rights of the population are violated?

Complaint concept

First, let's figure out what a complaint filed with the Criminal Code is. Why is this document needed?

A complaint is a document that allows you to protect the legal rights of the population. In our case - housing. The corresponding statement indicates certain violations and calls on the authorized bodies to correct the situation.

As a rule, this document is drawn up in case of any violations of established housing legislation and violations by the management company. If residents have any complaints, they can express them. An application to a management company has many features and nuances. But in general, drawing up such a document is not as difficult as it seems.

Reasons for appeals

When can complaints be filed with the Criminal Code? As already mentioned, in case of violations of the rights of residents, it is customary to send appropriate complaints to these organizations. Most often the population is faced with:

• lack of cleaning of the local area;
• violation of heating on/off timing;
• additional charges for housing and communal services;
• inaccuracies in rent calculations;
• lack of cleaning of entrances;
• refusal to carry out home repairs or violations of established deadlines for operations.

This is not a complete list of situations in which it is necessary to file complaints. But how to do that? What tips and recommendations will help bring your idea to life? Where can I send an application to the management company?

Types of complaints

Before looking for answers to the questions posed, it is necessary to understand what types of complaints can be encountered in practice.

In total, there are 2 types of documents - collective and personal. The first option is most common.

A personal complaint is a statement about a violation of the rights of one tenant. Management companies and other authorities do not always quickly consider such requests. Therefore they are rare.

Collective statements to the management company are a way to express the dissatisfaction of a group of residents. Authorized bodies respond to such requests more quickly. As a rule, it is collective complaints that reflect real housing problems.

Where to contact

Now you can figure out where to send applications to the Criminal Code. Much depends on the reason why residents seek protection of their legal rights and interests.

In any case, if housing rights and freedoms are violated, you can complain:

• to the management company;
• to the housing inspection;
• in the HOA;
• to Rospotrebnadzor;
• to court;
• to the prosecutor.

As a rule, the bulk of requests are received by the first 3 authorities. If they do not act, then people write complaints to Rospotrebnadzor. Only in exceptional cases is it necessary to contact a prosecutor or even a judge. How to properly prepare an application to the management company? What tips and tricks will help you write a competent appeal?

Presentation form

The first thing to understand is that any complaint must be made in writing. Oral complaints have no legal force. In case of inaction of the Criminal Code, submitted applications will have to be addressed to higher authorities.

It is important to take into account that in order to bring the idea to life, citizens must present evidence of attempts to peacefully resolve the issue. Namely, the appeals to the Criminal Code that they sent earlier. If there are no such documents, then the court, the prosecutor, the HOA, and the housing inspection will refer the residents to the Criminal Code to rectify the situation.

It doesn’t matter how exactly the application will be created - printed on a PC or written by hand. The main thing is that the applicants have a tangible medium with the corresponding complaint.

Structure

An application to a management company, like any other claim, has its own structure. In our case, the document will be no different from ordinary complaints.

The application must contain the following elements:

1. "A cap". This is the beginning of the document. It is drawn up in the upper right corner of the sheet. Contains information about the authority to which the document is sent and information about applicants (with contact details).
2. Name. It is written on a new line, in the middle. This is usually the word "Statement" or "Complaint".
3. Clarification. It brings specificity to the appeal. Write the clarification on a new line, under the name of the document, with a small letter. For example, “...against the management company due to violations of the start of the heating season.”
4. Main part. Here it is necessary to state the essence of the claims. At the end, the evidence and materials attached to the appeal are listed.
5. Appeal. Usually this part is a request for help. Citizens are asking to conduct an inspection of the Criminal Code and take measures to eliminate certain violations.
6. Conclusion. Here they write the date of drawing up the application to the management company / HOA / housing estate, and also the applicants put their signatures.

In general, the structure of the application does not cause any difficulties. Every citizen who has ever worked with certain documents or appeals will be able to comply with it.

Basic Rules

How to write an application to the management company? It is enough to observe literacy and rules of business correspondence.

In other words, the statement from residents should be:

• submitted in writing;
• literate;
• coherent;
• logical;
• free of profanity and jargon;
• designed according to established rules while maintaining the structure;
• true.

Step-by-step instruction

How to write this document will be presented later. Some people are interested in step-by-step instructions on how to compile the paper being studied. It is needed for those who do not want to rewrite complaints several times.

Step-by-step instructions for writing an application to the management company or to a higher authority look like this:

1. Take a blank A4 sheet. If you are planning a long appeal, you can prepare several sheets.
2. Place a “header” in the upper right corner of the future document. First you need to write the name of the organization considering the claim. Next (on a new line) indicate her address and telephone number (if possible - e-mail).
3. After these steps, you need to write “From” on a new line.
4. Register the full name of the applicants with contact details (telephones, email addresses, registration).
5. Write the word “Complaint” in the center of the sheet. Under it, indicate a clarification - the reason for filing the corresponding claim.
6. Compose the main part of the document. Here, as already mentioned, you will need to outline the essence of the complaint. The text should be coherent and logical. Preferably short. Third-party information that does not in any way affect the course of the case is not indicated.
7. After the main part, write “Please” (“We ask”). Next, you should ask the authorized body to consider the claim with the submitted materials, conduct a check with the Criminal Code and correct the situation. It is also recommended to write proposals for resolving complaints here.
8. List in a numbered list all materials and documents attached to the appeal.
9. Put the date of the application (on the left side of the page) and sign (on the right).

That's all. Nothing difficult, special or incomprehensible. A competent person will be able to cope with the task in no time. A much more difficult matter is to directly submit the corresponding application to the management company. Why? This is due to the fact that certain rules have to be followed, without which protecting the interests of residents is almost impossible.

Complaint to the Criminal Code

Do you need to file a complaint with the management company about a leak or lack of repairs in the entrance? It doesn’t matter for what reasons citizens decided to complain to the Criminal Code. The main thing is that this is only the first stage of protecting the rights and freedoms of residents.

The algorithm of actions in this case will be as follows:

1. File a complaint. To do this, you must follow the previously proposed tips.
2. Collect evidence of certain violations.
3. File a complaint with the Criminal Code. It is advisable to do this by sending the document by registered mail with notification. This way, citizens will be able to prove the fact of appealing to the Criminal Code in order to peacefully resolve controversial issues.
4. Wait for an answer. Typically, management companies must respond to applications within 30 days.

What to do if such actions did not help? It is necessary to try several more times to send a complaint to the management company. No point? Then you can proceed to the next step.

HOA and inspections

Namely, file claims with housing inspectors and homeowners associations. is drawn up in exactly the same way as the previously proposed document. The only difference is that in such an appeal it is necessary to indicate repeated attempts to communicate with the Criminal Code. All this is documented.

It is important to submit the application in duplicate. One document remains with the inspection, the other with the applicants. The homeowners association or housing estate put information on the second copy of the claim that the paper was accepted for consideration. Without this step, residents will not be able to move forward if their requests are not met. A response to a claim usually arrives within 1 month.

Rospotrebnadzor

It’s clear how to write an application to the management company. A sample of this document will be presented below. If the housing inspection has not responded to the residents’ appeal, you will have to move on. The next stage is submitting an application to Rospotrebnadzor.

Complaints related to the provision of services by the management company should be sent here. The application procedure is simple. Need to:

1. Write a complaint. It must indicate attempts to resolve issues through HOAs, housing estates and management companies.
2. Collect a package of documents proving certain actions. Notifications of receipt of previous complaints must be attached.
3. Submit an application with documents to Rospotrebnadzor.
4. Wait for notification that your application has been accepted for consideration.

All. Now all that remains is to wait for a response. The response to an appeal is not regulated at the legislative level in any way. But in practice, most often Rospotrebnadzor tries to make a decision on a particular issue within a month.

Prosecutor

Sometimes it is necessary to submit an application to the prosecutor's office against the management company. A sample of this document is presented below.

Such a decision is usually made when the management company commits serious violations, and all other organizations are inactive. Typically, contacting a prosecutor is the stage following complaints to Rospotrebnadzor.

The procedure and rules for drawing up the corresponding application will be exactly the same as in all previous cases.

Court

The last step that can help protect the rights of residents is filing a claim against the management company. Typically, judicial authorities are contacted when the claim is of a material nature and it is necessary to make compensation for damage.

It is necessary to file a claim at the place of legal registration of the management company. You can draw up a document using the previously proposed tips and recommendations.

As practice shows, litigation can quickly resolve almost any housing problem. The court will study the materials brought to its attention and make one or another decision. As a rule, judicial authorities usually side with residents whose rights are actually violated.

Samples

How will the management company respond to repairs carried out in violation of the deadlines? What about a complaint about the lack of cleaning in the yard? Below are typical appeals from citizens to the Criminal Code, the prosecutor's office, the court and the housing estate.

These templates are not exhaustive. Each application will look different. Not a single sample application to the prosecutor's office against a management company will be repeated twice.

However, by studying the proposed samples, you can familiarize yourself with the basic principles of drawing up claims. How to write an application for a management company? The answer to this question will no longer be difficult! The main thing is to collect evidence of certain appeals. Neither the court, nor the prosecutor, nor the housing inspection will respond to claims against the management company if the residents have not previously directly contacted the service company. It is possible that certain disputes can be resolved peacefully.

It is submitted to the management company, as to any other authority, in several copies. Compliance with this rule will help residents prove that they tried in every possible way to solve the problem before complaining to one or another authority.

To the management company. These papers raise a huge number of questions among the population. After all, not everyone understands how to write complaints under certain circumstances. You also have to figure out where to send this or that letter. What should the population pay attention to? How to file a complaint? What will help bring your idea to life? All this will be discussed a little later. In reality, everything is simpler than it seems at first glance. Every citizen is able to independently implement his plans without much difficulty.

What is a complaint against the Criminal Code

The first step is to understand what a management company is. What documents are we talking about?

The point is that a complaint against the management company is a way for the population to respond to the inaction of service companies. A unique form of defending one’s rights and opportunities. Samples of complaints represent only a model for constructing the demands of the population. In the case under study - violations or inactions of the management companies managing the house.

Accordingly, each document will differ in its originality. But some patterns still exist. You can rely on them in order to know approximately what the complaint looks like in a particular case.

Where to contact

Where should I send the paper I'm studying? Often, residents file complaints, but cannot find an organization that will review the document in the prescribed manner. How to act in such circumstances?

Today, for heating or other reasons will be presented later) is sent to:

• to the housing inspection;
• to Rospotrebnadzor;
• to court (usually district).

It all depends on the reason for the population's discontent. Typically, claims are settled out of court. And only in extreme cases are complaints drawn up and sent to the courts.

Types of complaints

It should also be taken into account that the document being studied can be presented in several forms. Which ones?

Firstly, you have to remember - a complaint against the Criminal Code can only be made in writing. It is important. Sometimes it is allowed to compose a document on a computer and print it. Today, you can also use electronic interpretation of the complaint. But the fact remains that the paper must be written.

Secondly, there are several types of complaints. Namely:

1. Personal/single. Such a document is usually written by just one person; in practice, such complaints are rare. They are not particularly significant.
2. The most common document type. It is compiled by several residents/houses/entrances, then submitted in the prescribed manner to certain authorities. Typically, it is precisely these types of complaints to the management company that prove effective.

This concludes the classification of the paper being studied. As already mentioned, in reality it is collective complaints that take place. They respond faster. After all, one person who complains about the Criminal Code is not a problem. And when there are a lot of dissatisfied people, this means that the service organization is really not fulfilling its responsibilities.

Application procedure

There is a certain procedure for filing complaints against the management company. It must be adhered to by all residents who have any complaints. How to act correctly?

Today, any claims against actions/inactions of the management company are accepted in the following order:

1. A citizen or group of residents files a complaint. Rules for writing a document and several ready-made templates will be presented later.
2. The document is sent to the management company of a particular building.
3. A response from the organization is awaited. The complaint can be considered, and the problem regarding it can be resolved. Or the management company ignores the requests submitted by residents.
4. In the second case, it is necessary to obtain any evidence of contacting the management company with a complaint in the prescribed manner. After this, a new appeal is written. But it is already submitted to Rospotrebnadzor or the housing inspection.
5. Going to court is a last resort. It is recommended to go to this body with a complaint of the established form after the inaction of housing inspectors. Evidence indicating attempts to resolve the dispute pre-trial must be provided.

It is this algorithm of action that is recommended for residents of any buildings to follow if they have any complaints against management companies that maintain apartments. How is the document being studied compiled? What will a collective complaint to the management company look like? A sample of documentation presented a little later will help you understand this issue.

Beginning of the document

So, now you can consider the rules for writing complaints. Remembering them is not as difficult as it seems. There are general recommendations that will help bring your idea to life.

Great attention is paid to the beginning of the document. It will be the same for all types of complaints against the management company. The following tips will help:

1. The organization to which the letter is sent is initially written in the upper right corner.
2. The name of the head of the management company or public housing estate is written under this inscription. It is not necessary, but it is advisable not to neglect this feature.
3. Next, you need to write the full name of all persons who apply and sign the complaint. It is necessary to indicate contacts for communication with dissatisfied citizens.

All of this is general advice that will help you correctly identify the persons involved in the case. Similar rules apply not only to complaints, but also to other letters.

Main part

1. In the middle of the sheet you must write “Complaint”. The reason for the request is indicated below.
2. The main part is the place where residents talk about their complaints in a brief but at the same time detailed form. History is written in detail.
3. If there is any evidence of certain actions, they are indicated in the complaint and are also listed at the end.
4. Be sure to write the purpose of the appeal of dissatisfied persons.
5. The document ends with the date of application and the signature of all applicants.

Based on all the listed rules, you can see what sample complaints to the management company will look like. How are such documents prepared?

Failure to fulfill duties

A very common case is the failure of the management company to fulfill its duties. How to act in such circumstances? What will a complaint about the inaction of the management company look like? A sample of this paper, presented below, will help to correctly record certain grievances of residents.

Today you can use the following template:

“We, the residents of building No. 5, located at the address: Moscow, Ivan Susanin Street, ask you to respond to the inaction of the StroyGrad management company. On August 15, 2013, we filed a complaint with the Criminal Code about failure to fulfill obligations for the maintenance of an apartment building. Namely - improper cleaning of the entrance, as well as the presence of a broken elevator. But this document did not bring results. Evidence of the complaint has been presented. We ask you to respond to our complaint and influence the management company "StroyGrad"."

There is nothing difficult or special about drawing up a document. This is the pattern that often occurs in most cases. What might another complaint to the State Housing Property Committee against a management company look like? A sample of it is presented below!

Heating

Sometimes claims arise on issues related to the heating season. Residents very often turn to the management companies that serve them in order to resolve many problems.

A sample complaint from residents against the management company regarding issues related to heating is sometimes interpreted as follows:

“We, residents of an apartment building located at the address: St. Petersburg, Petrishcheva Street, building 45, ask you to pay attention to our complaint. Due to weather conditions, the heating season in the city began on October 5, 2017. But from that time until "Today, heating is not supplied to our house. The management company has not responded to our complaint in any way. Evidence of the lack of heating and the appeal to the management company is attached."

This is another template that you can rely on when drafting your document. As you might guess, we are talking only about the main part of the paper. In a similar way, a complaint is filed with Rospotrebnadzor against the management company. An example of any given template can be slightly modified and redirected to the specified service.

Advertising

Sometimes residents talk about illegal advertisements being posted in their hallways. Management companies are obliged to combat this problem. But in practice, such cases remain unattended. From now on, it is clear how to compose the Sample published below, which will help indicate the population’s dissatisfaction with advertising in entrances.

The document template looks like this:

“I, Ivan Ivanovich Ivanov, living at the address: Russia, Saratov, Melnikova street, building 7, ask you to respond to illegally placed advertising in our entrance. On the morning of May 7, 2008, I discovered advertising banners on the first floor of our house ". Their photographs are attached. No one responded to my numerous appeals to the Criminal Code. I ask you to remove the illegally placed advertising in our house."

The management organization is responsible for the maintenance of the apartment building. And often residents need to write a statement to the management company for the provision of a particular service or a complaint.

Complaint

Any tenant who is dissatisfied with the activities of the management company has the right to file a claim 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 you have against the management company and set out the requirements. Then send the paper to the official address of the company.

In the future, one of two scenarios can be expected:

1. The management company may ignore the tenant’s complaint and refuse to comply with these requirements. Then there is only one way out - a lawsuit.
2. The management company will consider the received application and begin to fulfill the requirements of the apartment owner.

A written complaint must have three parts: the header of the statement, the main text and the conclusion. The header indicates who exactly the complaint is addressed to (company name, address and telephone number), as well as information about the complainant (full name, full address and telephone number).

In the main part, you describe in as much detail as possible all the existing claims against the company and express your requirements. If there is evidence to support the complaint, be sure to include it. Evidence may include photographs and videos of, for example, a leaking roof or leaves left in the yard.

At the end of the entire text, you must leave the date of the application and the signature of the applicant.

Please note: when filing a complaint with the management company, there are a number of nuances:

• The application must be drawn up in two copies in order to provide evidence that some requirements have not been met. Unfortunately, it often happens that companies fulfill only part of the requirements, after which they declare that there are no more complaints in the letter.
• It is necessary not only to write two copies, but also to register both of them at the company office upon submission. But it happens that the secretary, out of the blue, refuses to accept the application, then it can be sent by mail in the form of a registered letter. The company's signature upon receipt of the letter will be proof that the complaint has reached them.
• In no case should you use obscene language or show aggression in your application.

A sample complaint to the management company can be downloaded.

Collective statement

There are cases 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 approximately the same way as an individual complaint, the only difference being that at the end it requires not just one signature, but from all owners of the apartments in the entrance or the entire building. The same applies to the header; in it you need to indicate the details of all applicants in turn.

The main part of the statement is drawn up in a similar way, stating claims and demands. After which both copies are registered with the company secretary or sent by registered mail.

Application for repair

If the entrance of the apartment building in which you live has not been repaired for a long time or the roof is leaking, and the management company does not know about it, as a result of which no measures are taken, then you can always contact them with a statement.

The application is written in your own hand or printed on a computer on a white A4 sheet in two copies. When composing a letter, you don’t have to worry about its correct format, since it is written in free form, but it must have three parts: a header, a body and a conclusion.

The header indicates the details of the management company you are contacting, namely its name, address, telephone number. In addition to contacting the company, you must indicate the applicant’s information (full name, exact address and contact phone number); if the application is written from several dissatisfied residents at once, then you must indicate the information of all of them.

The main part of the application should contain a request to repair the roof, entrance, drainage, staircases, and so on. If you know the exact or approximate date of the last repair work, be sure to indicate it. This is important because the rules and regulations establish specific periods of time after which repairs must be carried out. For example, the operating standards for 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 your 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 the application 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 drawn up your appeal, send it to the address of the management company in the form of a registered letter or register it directly with the secretary of the organization.

The repair application form can be downloaded.

A sample of a completed repair application can be viewed.

Application for recalculation

It is not uncommon for residents to be away from their home for several months, resulting in no utility bills being used and the bill still being the same as usual. Then you can exercise your legal right and write an application for recalculation to the management company.

The application is written on a white A4 sheet in two copies. In the upper right corner, fill out the header where you indicate your data (full name, exact address, contact phone number) and company data (name, address and phone number).

After which the title is written in the middle of the sheet: “Application for recalculation of fees,” after which the requirements are described in detail with reasons. Attach copies of paid invoices for the period for which recalculation is required to the application.

Finally, sign and indicate the date the request was submitted.

It is important!

• You must submit your application within thirty days after returning home.
• The management company is obliged to make a recalculation no later than five working days after receiving the application. And the recalculated receipt will be sent next month.
• Recalculation can only be done if the tenant has been absent for at least five days.
• The possibility of recalculation applies only to those services for which the apartment owner pays according to standard rates.

You can download the application for recalculation at.

Other statements and their samples

Not all cases in which an application to the management company is required are listed here. Perhaps you want to receive some information from the management company that is not given orally. Or you have a problem related to heating your apartment. Or maybe you actually have mold in your room due to the fault of the company.

In these and other cases, statements are written in any form, the main thing is to comply with its three parts: introduction, main test and conclusion.

A general universal sample application can be viewed.

Below is a list of sample statements for various cases:

• Sample application for roof leaks - .
• Sample application for a clogged (malfunction) garbage chute - and.
• Sample application for insulation of external walls -.
• An example of a claim regarding an elevator malfunction is.
• An example of a complaint regarding violation of sanitary standards is.
• Example of a claim for illegal yard fencing - .

Application for a management company

But what should you do if you need to make an application not “to” the management company, but “for” it? Watch the video.

The management company (MC) is legally responsible for the maintenance of multi-apartment housing. And often their residents have to resort to submitting an application to this organization in order to be provided with a specific service or have a complaint accepted for consideration.

This applies not only to the issues of infliction and compensation of damage in relation to legal and physical representatives, but also directly to technical communications. Therefore, it is important to analyze the procedure and principles for writing an application to this organization.

Filing a complaint

When submitting an application and contacting the Criminal Code, one of two outcomes is likely:

1. The company will examine the application and begin to resolve the problem.
2. The company may reject the complainant's complaint or ignore it altogether.

In the second case, you can already resort to legal proceedings.

How to write an application

Although the very fact of the electronic option of submitting a complaint against the Criminal Code is allowed, a statement that is written by hand must be mandatory.

There are also two types of application:

1. Individual. Submitted by one name only. Practical cases of this kind are extremely rare.
2. Collective. The most common method. It is compiled not from one person, but from several at once.

A written complaint must consist of three parts:

1. Application header.
2. Main part.
3. Conclusion.

The procedure for writing a complaint must strictly follow this template.

The header of the application must indicate the table of contents, to whom exactly the complaint is being sent (company name, telephone number and address) and information about the applicant himself (full name, address and mobile or home telephone number for communication) is also written.

The main part should include the most detailed description of all claims against the company’s activities and a detailed presentation of your requirements. Particular consideration will be given to the evidence attached to the charge. Such as photographs of a collapsed wall in a house. It is better to write specifically and to the point, without lyrical digressions.

In the final part, you must put the date you filled out the application and your signature.

If you drew up the application by hand, then you must initially submit it in a clear and legible form.

Group application

It often happens that the ongoing activities of the management organization of a residential building do not suit only one specific resident, but also a whole group of residents complain about the lack of proper performance of the duties of the management company. In such cases, drawing up a special collective appeal to the company is appropriate.

A collective statement is drawn up in practically the same way as an individual one, but with a slight difference. In the case when the application was submitted by one representative, only his signature was required at the end of the document, and in the case of a collective application, all facsimiles of the applicants will be required.

Also, do not forget about the application header. It also needs to indicate all the names of the participants in turn. The main part is compiled similarly based on all the claims of those participating in the filing of the complaint.

Application procedure

After a complaint has been made, it is sent to the management office.

There are several ways to do this:

1. Appear at the department in person.
2. Send by registered mail with appropriate acknowledgment of receipt.
3. Notify the official about your mobile phone complaint.

The best way is to be in person at the hotel. Or via mail. A telephone conversation is extremely unreliable, as the employee may simply forget about the application received.

Advice! If it is more convenient for you to call the hotline, then do not forget to request registration of the application.

If you are present in person, you must give your application to the secretary of the general director of the management company or an employee of the office.

You should not transfer documents without actual registration to other persons. Since there is a great risk of never finding this complaint again. The claim must go through the registration procedure, and a receipt must be handed to the applicant.

Documentation

You will need to provide a certain list of documents as evidence of your claims. Even if the organization does not accept the application, this documentation can later be used in court.

According to legal practice, this list includes:

• photos or videos of building elements that require attention;
• conclusion of a third-party specialist;
• receipt of payment for the contractor's services;
• testimony of residents of an apartment building as evidence;
• audio recordings of conversations with company employees;
• utility bills.

Terms of consideration

In accordance with paragraphs 18 and 21 of the Government of the Russian Federation No. 731, a complaint that was submitted to the department in writing is considered within ten working days.

Employees in thirty days, but the Federal Law of the Russian Federation “On the procedure for considering applications from citizens,” which precisely provides for this date. This does not apply to private management companies.

Nuances

When submitting an application, there will be some nuances that should be taken into account:

• The application must be completed in two forms. This is done for your own insurance if you have to prove that any conditions were not met. Since in practice, cases often occur when the management organization does only a fraction of what was required of it, and then refers to the fact that nothing else was indicated in the application.
• It is very important not only to write these two copies of the application, but also to register them with the company itself. If the secretary categorically accepts the document, we recommend sending it by registered mail. The signature of the organization upon receipt of the letter itself will serve as official confirmation that the complaint has reached them.
• It is highly recommended not to use profanity or show any aggression. This may subsequently have a negative impact when considering a complaint from the applicant.

What to do if you receive a refusal

Appealing to the Criminal Code does not always end in success. Cases of refusal are quite common. In this case, you should submit your application to higher authorities.

Important! It is imperative to report the fact of early appeal to the Criminal Code. And the evidence can be:

• the second copy of the complaint, which was signed by employees of the management office department;
• notification of delivery of registered mail.

Where to apply

You can submit your complaint against the Criminal Code to a number of authorized bodies. The priority procedure for filing a complaint is as follows:

1. Management Company. First, you need to submit an application in the prescribed form to the department of this organization in order to deal with everything immediately and on the spot.
2. Housing inspection. The application may be provided if the request from the applicant was wrongfully rejected or ignored by the company.
3. Rospotrebnadzor. The grounds for filing an application will exist if a person paid for services, but they were ultimately not performed or performed poorly. And since this is recognized by law as a violation of consumer rights. The management company will be forced to return the money or fulfill its obligations.
4. Prosecutor's office. This step requires the most serious reasons. An example would be a company's absolute failure to fulfill its responsibilities.
5. Court. You will have to apply only when the tenant has suffered serious and unlawful damage to the financial resources of the management organization.

Sample complaint to Rospotrebnadzor against the Criminal Code

You should contact Rospotrebnadzor if:

• At the team meeting, it was decided to check whether the payment for utilities had increased.
• Residents of the apartment building noticed that the company’s activities differed from those indicated in the documents and financial statements. An example could be that receipts do not correspond to the actual state of affairs or that in reality no promised work occurs, but only inadequate service
• If there is a noticeable lack of a complete list of work performed according to the money paid.
• Actions were revealed that were contrary to Russian legislation on the part of the management office, which violated the rights of residents of the apartment building. For example, residents were incorrectly informed about paying for utility bills.
• The agreement with the company was drawn up without proper execution on certain points and not within the framework of the law.

Heating

Quite often questions arise that are related to the heating of apartments. A sample complaint from residents is roughly interpreted as follows: “We live in a multi-storey building at 38 Pushkin Street, Moscow. Based on the current weather, the heating season began a little earlier. Namely, October 4, 2017. But our apartments have still not received heating. The management organization of our house ignored our request. Evidence confirming our words in the facts of lack of heating is attached.”

This illustrative example can be used to make a correct complaint. An application of this type is usually submitted to Rospotrebnadzor.

Conditions for filing a claim

The most common mistake when tenants file a complaint is to demand major repairs to the building. Often such statements come from residents of houses that have been put into operation. But the fact is that the Criminal Code does not have the authority to carry out preferential repair work.

But if you need to carry out work on insulating the facade, you can contact the organization for this service. You just have to pay money for it. In Russia there are no free services provided by private housing and communal services, which in turn is a regional housing and communal services authority. Services are provided only for a fee.

List of paid services:

• Electricity.
• Water supply.
• Drainage.
• Sewerage.
• Gas supply.
• Heating.
• Repair.
• Other contractual provision of services.

Payment for all services provided is made in accordance with the drawn up agreement between the management company and the residents of the house. Payment can be made using a bank card from any bank.

Frequently encountered complaints:

• repair of utility networks;
• poor quality of utilities (cold batteries or power failures);
• the premises were not inspected;
• poor compliance with sanitary standards (for example, when rats settled in the entrance of a house);
• emergency breakdowns (repair broken windows, paint walls, etc.);
• increasing payments for utilities without a thorough reason;
• refusal to receive information about the planned work.

Important! The powers of the management organization include recalculating the volume of payments for residential buildings. The organization will recalculate it in the case when it is necessary to clarify the area of ​​​​the living space. This can also happen with other disorders. Such as violations of utility billing.

Thus, the procedure for filing a complaint with the Criminal Code can be divided into five main steps:

1. Drawing up a complaint.
2. Sending this complaint to the management office of the apartment building.
3. The reply is in process.
4. If the question is ignored or if a negative decision is appealed, an application is sent to higher authorities along with previously collected evidence.
5. The last resort is filing a lawsuit.

It is these consistent actions that all residents of apartment buildings should adhere to.

When living in an apartment building, not only residents of cities, but also, often, urban-type settlements, are required to enter into a collective agreement with the housing and communal services, HOA (homeowners' association) or another management company (management company). This agreement governs the relationship between the two parties, which stipulates that the residents undertake in a timely manner, and the management company undertakes to carry out the work to provide these same services. The same agreement is the basis for holding the parties accountable in case of non-compliance with its terms.

In Russia, unfortunately, situations very often occur when a management company, housing and communal services or other responsible organization fulfill their duties in bad faith, at the wrong time, or even avoid some work altogether. Such moments cannot be ignored and expect that someone else will solve the problem. If the yard is not cleaned, if the garbage is not removed on time, if there are constant interruptions in water and electricity, the roof is leaking, the plaster is crumbling in the entrance - this is the work of the management company and housing and communal services, which they are not doing.

How to properly file a claim (an example), in what cases, to whom you can write a statement and how to do it correctly, what Rospotrebnadzor is responsible for, when you can contact the prosecutor's office and the court - we will consider further.

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Responsibilities of the management company and housing and communal services

The reason to complain about the management company is its failure to fulfill its obligations under the contract. As a standard, the agreement between residents and the housing and communal services management company specifies the full maintenance of the residential building that will be provided. It also indicates the timing of their completion, the scale of work, how often they will be carried out, and their cost. It is important to note that the list of services provided is not arbitrary, at the request of the management company, but standard, provided for by the regulations of the Russian Federation. Moreover, each owner of an apartment in a residential building has the right to receive a copy of the contract; moreover, according to the Housing Code of the Russian Federation, this is a mandatory condition.

The responsibilities of the management company include:

• Maintenance;
• routine inspections of structures and buildings;
• carrying out repair work (current and major) in a residential building;
• seasonal work on the territory of the house (removing leaves, snow, whitewashing trees, etc.);
• work of emergency and dispatch services;
• cleaning staircases, attics and basements;
• yard cleaning all year round;
• maintaining the improvement of the territory of a residential building;
• garbage removal and control of sanitary standards;
• plantings in the area near the house;
• repair of engineering equipment and systems;
• accounting and storage of technical documentation.

If the above services are not provided or are provided but not in full, residents have a legal right. An example of this is given below.

Reason for complaint

An application or claim against a management company or housing and communal services can be written and submitted to the State Housing Property Inspectorate, Rospotrebnadzor, the prosecutor's office, or the court in cases where:

Often the management company is also responsible for replacing light bulbs in hallways. If she completely ignores this fact, this is exactly the same reason to write a complaint.

Refusal of the Criminal Code to accept the complaint

In the event that the housing and communal services management company refuses to accept the application during a personal visit of the applicant or to sign a copy of it, kept for itself, it must be sent by mail. There is one small nuance here; it must be sent in a valuable letter with an inventory of the attachment. You can also send a letter with a notification so that you know exactly when it was received. An inventory and notification will be required in case of going to court.

If the Criminal Code accepted the complaint, but no response or action followed, no measures were taken to eliminate the cause of the appeal, or a letter was received in response with a reply “no funds”, then you need to write an application to a higher organization - the housing inspection, and then to Rospotrebnadzor, the prosecutor's office, the court. It is advisable to attach copies of letters.

Drawing up a complaint

There are no clear requirements on how to write the text of a complaint to the housing inspectorate, Rospotrebnadzor, the prosecutor's office or the court on the Criminal Code, so there is no need to look for a form for this purpose. An example of such a statement is presented below. However, there are certain standards and requirements for what information must be included in the claim.

Firstly, the claim must be exclusively written, not oral. You must write the full name of the organization you are applying to. Below is indicated from whom, the address of the residential building, a complete list of residents who filed a complaint, and their details for feedback. The text of the claim should describe its essence in detail, preferably with evidence (photos). It is also good if there are references to legislation and specific clauses of the contract that have been violated. The application must be marked with the date of its submission and the signatures of all those submitting it.

In addition to photographs, a copy of the contract and other available documents (acts, conclusions) must be attached to the complaint. It is important to note that it is better to draw up such a statement in two copies so that you can keep one.

In addition, it is imperative to ensure that the complaint has been registered and to note on your copy the date and registration number, along with the signature of the responsible employee, regardless of where it is submitted.

Collective statement

An application for non-compliance with the terms of the contract can be submitted not only on one’s own behalf, but also collectively, from the residents of an entrance, house or several apartments. Such a complaint will even have an advantage. In this case, the text of the application is written on behalf of the team, which is indicated in the header of the document and certified by the personal signature of each participant. Otherwise, the text of the complaint remains unchanged.

It is worth noting that in addition to the surnames and initials of the residents, their residential address, apartment numbers, and passport details are also written. Next, in the general order, as the example (sample) below shows, the essence of the application and requirement is written down.

What else can be noted separately is that in order for the commission to arrive to evaluate and verify the authenticity of the complaint, it must be filed on behalf of at least thirty owners of different apartments in this residential building.

Application example

Where to file a complaint

There are several options for where to complain about the management company. Let's look at them in order.

Housing inspection

This is the very first body to which complaints about the Criminal Code are made. Above, we have already discussed how to write a complaint against a management company to the State Housing Inspectorate (GZHI) and provided an example of a statement.

Rospotrebnadzor

A complaint against the management company to Rospotrebnadzor can be filed by any citizen in person or via the Internet on the state online portal. Rospotrebnadzor considers requests regarding the justification for increasing tariffs for utility services, checking financial statements, violations in the contract of the norms provided for by Federal laws, as well as violations of the rights of citizens provided for in the contract. When submitting an appeal to Rospotrebnadzor, you must indicate whether you have previously applied to any authorities, and indicate which authorities and what their response was. After considering the complaint, an inspection and appropriate measures will be taken to eliminate the reasons for the complaint.

Prosecutor's office

The next higher authority where you can complain about the management company is the prosecutor's office. However, it considers allegations of deliberate embezzlement of funds, false reporting, fraud, as well as illegal actions and inactions of regulatory organizations. Therefore, you can write a statement to the prosecutor’s office against the management company only for these reasons. After an inspection by the prosecutor's office, the applicant receives grounds to go to court.

Court

After failing to achieve the desired results by appealing to the Criminal Code, GZHI, Rospotrebnadzor, or other authority, after an inspection by the prosecutor’s office, residents have the right to go to court. You must contact the court and write a statement, copies of all previous appeals and responses, a copy of the contract and other documents (if any), photographs indicating violations. The court considers applications if the issue concerns a material claim, monetary compensation, damage and injury caused to residents through the fault of the management company. In this case, we recommend that you seek advice from our housing lawyers. They will tell you how to sue the housing and communal services management company so that you can subsequently win the case.

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