- 1 sample applications to the management company: the nuances of drafting
- 2 Complaints about utilities. samples of applications
- 3 Samples of compilation of an application, the claim by the owner of the management company
sample applications to the management company: the nuances of drafting
Management organization responsible for the contents of the apartment building. And often, residents need to write an application to the management company for the provision of a service or a complaint.
Any tenant who is dissatisfied with the activities of the management company is entitled to file a lawsuit, but it is possible to solve all issues peacefully and for this it is necessary to write a letter-complaint to the company itself.
In the application you need in any form to write all of the claims, which are available to the management company, and to state requirements. Then send the paper to the official address of the company.
In the future it is possible to expect one of two scenarios:
- The management company can ignore the complaint and the tenant refuse to comply with these requirements. Then remains the one way out - a lawsuit.
- The Management Company will review the applications and will assume the owner's requirements.
The complaint, made in writing, must have three parts: a cap application, the main text and the conclusion. The header indicates to whom it is addressed to the complaint (company name, address and telephone number), as well as details of the applicant (name, full address and telephone number).
The main part of the greatest detail describe all the claims against the company and express their demands. If there is evidence to support the complaint, be sure to attach. The evidence can serve pictures and video, such as a leaky roof or untidy foliage in the yard.
At the end of the entire text should be left to the date of the application and the signature of the applicant.
Note: when applying the complaint to the management company has a number of nuances:
- You need to make a statement in duplicate, so that if something happens to present evidence that some of the requirements are not met. Unfortunately, it often happens that companies carry out only part of the requirements, and then said that more in the letter had no complaints.
- It is necessary not only to write two copies, but both of them to register in the office when filing. But it happens that the Secretary, on the segment, refuses to accept the application, then it can be sent through the mail in the form of a registered letter. Signature of a letter with receipt will be proof that the application before them reached.
- In a statement in any case can not be expressed in obscene language and show aggression.
The relevant complaint to the management company can be downloaded here.
There are cases when the activity of the management company of an apartment building not satisfied with not just one person but several. Then it is possible to resort to drawing up a joint declaration.
Collective statement is approximately the same as an individual complaint is different only in that in the end does not require a signature, but all owners of apartments or the entrance of the house. The same applies to the cap, it is necessary to specify the data of all applicants in the queue.
The main part of the application is made similarly to the statement of claims and demands. After which both copies are recorded at the company secretary or sent by registered mail.
If the entrance of an apartment building in which you live, for a long time there was no repair or roof leaks, and the management company does not know about it, with the result that no action is taken, we can always turn to them a statement.
The statement is written by hand or typed on a computer on a white A4 sheet in two copies. At the time of the letter, you can not worry about it the correct format, as it is written in a free form, but must have three parts: header, main and final.
The header indicates the data management company that has been accessed, namely its name, address, telephone number. In addition to the reference to the company should specify the applicant (name, exact address and contact phone number), if the application is written from several disgruntled tenants, you need to specify the data of all.
The main part of the application must contain a request to repair the roof, porch, gutter, staircases and so on. If you know the exact or approximate date of the last repair work, be sure to enter it. This is significant because according to the rules and regulations set specific times through which shall be obliged to carry out repairs. For example, the operation of the entrance rates are three to five years, that is required to repair the porch carried out not less frequently than every five years.
Also describe in the request the degree of breakage or wear, we can focus on specific areas where repairs are needed urgently. At the end of the application, leave the date of the circulation and signature, if the application is a collective, then the signatures should be exactly the same as the applicants in the header.
Once made an appeal, send it to the management company in the form of a registered letter or, please register directly with the Secretary of the organization.
The application form for the repair can be downloaded here.
Sample preparation of applications for the repair can be viewed here.
Often, tenants may not be available at home for several months, resulting in not used utilities, and the bill came to the same as usual. Then we can take advantage of their legal right and apply for a recalculation of the management company.
The statement is written on white A4 paper in two copies. In the upper right corner of the fill cap, which specify its data (name, exact address, phone number) and the company (name, address and telephone number).
After that the middle leaf written title: "Application for recalculation card", whereupon detail painted requirements giving reasons. The application shall include copies of bills paid, for the period that require recalculation.
Finally, sign, specify the date of the request.
- You must apply within thirty days after the return home.
- The management company is obliged to make a recalculation not later than five working days after receipt of the application. A recalculated receipt will be sent in the following month.
- Recalculation can be done only in case, if the tenant was absent at least five days.
- Possibility of recalculation applies only to those services for which the landlord pays the standard rates.
Download the application for conversion may be the link.
Other applications and samples
These are not all the cases which require submission of an application to the management company. You may want to get some information from the management company, which does not give orally. Or do you have a problem with heating the apartment. Or maybe you do there was mold in the room due to the fault of the company.
In these and other cases the application is written in a free form, the main thing to observe three parts: introduction, body and conclusion of the test.
The total sample of universal application can be found here.
Below is a list of applications for different samples:
- Sample applications for leaking roofs - here.
- Sample applications for blockages (fault) Garbage - here and here.
- Sample applications for the insulation of exterior walls - here.
- An example of a complaint about failure of the elevator - here.
- An example of a complaint on the violation of sanitary norms - here.
- An example of a complaint about the illegal fencing in the yard - here.
Statement on the management company
And what to do if you want to make a statement is not "in" the management company, and the "on" it? Watch the video.
Complaints about utilities. samples of applications
Sample applications (complaints) in the housing
A well crafted statement (complaint) on poorly rendered utility services - is half the battle. Statements relating to the main problems that may arise from the tenants in the apartment building, shown below, and now we will list all the items that need to be taken into account in well-written statement:
- Must be addressed, houses and apartments in which you reside.
- It should be clearly formulated claim with a precise indication of the problem.
- It is necessary to bring all available rules and laws that govern this situation (of the Housing Code, SanPiN, Laws -. All can be found on the Internet).
- To justify and specify the housing office, condominiums or the Criminal Code, that the solution to the problem is in their competence.
- Sign and number
With this application you need to contact the housing office, condominiums or the Criminal Code, which serves Your home. If there is no response, the statement should be attributed to the prosecutor's office and the Federal Service who will check on the basis of your application. For advice on the disclosure of information organizations engaged in management of apartment buildings, as well as for the resettlement of citizens and overhaul please contact the hotline by telephone Fund 8 (800) 700-8989 on weekdays from 7 to 18 hours. (EST).
File complaints about the inaction of their housing office, the Criminal Code and condominiums in the area of utility services may be in the prosecutor's office or the Federal Service for your region.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if the walls of your house there was mold on the walls and there is no action for its elimination.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and residential address), if your apartment from the tap is flowing cold water instead of hot.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address) if the flows from the tap is dirty, bad-smelling or water with sand.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if not heated towel rail.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address) if the apartment had problems with sewage.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if a voltage drop occurs in the apartment.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if clogged ventilation.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address) if the apartment is no heating.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if the tap water flows in a thin stream.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if you do not light bulbs at the entrance of your home.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if the walls of your house there were inscriptions and graffiti.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if at the entrance of your home do not wash the floors.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if your house is infested rodents or insects.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if the walls of your home district posted the ad.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if the cracked tiles on the floor in the entryway of your home.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if a broken window in the entrance of your home.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if damaged steps on the stairs.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if clogged garbage disposal.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if your house is dirty elevator.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if broken mailbox.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if you are bent railings on the stairs.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if there was an unpleasant smell from the cellar.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if crumbling balcony.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if on the facade of your house there were inscriptions.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address) if the roof leaks.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if clogged gutters.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address) if leaking bulkhead seams in the house.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if you do not remove the snow around your house.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if broken visor at the entrance.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if there are cracks in the foundation.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and address), if next to the house is not cleaned the ice from roads and sidewalks.
A sample application (complaint) to be printed and referred to the Criminal Code, the HOA (substitute your details and residential address), if not cleaned sosuli with the roof of the house.
- A survey of residential buildings (including a solid housing survey) and production of construction documents (regardless of the period of repair works).
- Construction and repair works on the change, repair or replacement of parts of residential buildings (other than complete replacement of stone and concrete foundations, structural walls and framework).
- Modernization of residential buildings during their overhaul (redevelopment considering downsizing multi-room apartments; devices the additional kitchens and sanitary facilities, the expansion of living space at the expense of support facilities, improve insolation premises, the elimination of dark kitchen and entrance to the apartment through the kitchen to the device, if necessary, built-in or attached premises to stairwells, lavatories or kitchens); replacement of the central heating furnace with a boiler unit, heat conductors and heating stations; roof and other independent sources of heat; alterations incinerators therein gas or coal; Equipment systems of cold and hot water supply, gas supply with connection to the existing backbones at a distance from the entry point to the connection to the mains of 150 m, a device flues, vodopodkachek, boiler; full replacement of the existing central heating systems, hot and cold water supply (including a mandatory application upgraded radiators and pipelines of plastic, of metal plastic, etc., the prohibition of the installation of steel pipes....); household electric installation return gas stoves or cooking foci; device lifts, chutes, air waste disposal systems in houses with mark the top floor landing 15 m or above; translating existing power network at a higher voltage; repair of television antennas for collective use, connection to the telephone, and broadcasting network; Installation intercoms, electric locks, device of automatic fire fighting systems and smoke; Automation and dispatching of elevators, heating plants, heat networks, engineering equipment; landscaping yards (tiling, paving, landscaping, fences, equipment, wood shed and equipment for children and domestic areas). Repair of roofs, facades, joints prefabrication of buildings up to 50%.
- Thermal insulation of residential buildings (work to improve the heat-shielding properties enclosing structures, the device fills the window with triple glazing, external device vestibules).
- Replacing intra utilities.
- Installation of heat consumption metering devices for heating and hot water supply, the flow of cold and hot water to the building, and installing door-counter cold and hot water (for replacement networks).
- Rebuilding unventilated bathroom roof.
- Field supervision of design organizations for carrying out major repairs of residential buildings with a total or partial replacement of floors and redevelopment.
- Technical supervision in cases where the local self-government bodies, organizations set up unit for technical supervision of capital repairs of housing stock.
- Repair of built facilities in the buildings.
Owners must pay. How and for what - is decided at the general meeting.
How to make a management company to work well?
Obtaining a license is not required for homeowners, housing associations or other specialized consumer cooperatives.
Flat owners may impose a "veto" on the decision of the state housing supervision of deprivation of rights management organization to carry out activities to manage the data of the apartment building. In the case of such a decision for the owners of the management company retains the right to control such an apartment house.
Find out which company is behind the service your home and whether it is entered in the register, you can, if you will go to the link My manager, select your region and will enter the address of your home.
The license of the management company may be made in the following cases:
- For violating the rules of doing business on the management of apartment buildings (Article 7.23.3 of the Administrative Code).
- Over the course of business for apartment buildings without a license (Article 14.1.3 of the Administrative Code).
- For violation of the licensing commission of the subject of the Russian Federation legislation on the licensing of entrepreneurial activity on the management of apartment buildings (Article 19.6.2 of the Administrative Code).
If you think that your rights and interests are violated accepted acts or decisions of public authorities, local governments and officials, you in accordance with the Federal Law of 17.01.1992 № 2202-1 «About Office of Public Prosecutor of the Russian Federation" has the right to appeal the prosecutor's office at the place of residence with the application, complaint or other treatment, containing information on violations of the laws or to go to court with a complaint against the actions or decisions of the government officials who, in your opinion violated in ashi rights and freedoms on the basis of the Law of the Russian Federation from 27.04.1993 № 4866-1 «On appealing against the actions and decisions violating the rights and freedoms of citizens", and Chapter 25 of the Civil Procedure Code of the Russian Federation.
All of the major repairs in apartment houses, you can read the article Overhaul of the apartment building.
Today: January 19, 2018 Friday - 1:19:22 GMT
Samples of compilation of an application, the claim by the owner of the management company
Quite often the management company (CC) not fulfilling its obligations and negligence related to the contents of an apartment house.
It is logical that the tenants immediately react to this outrage, as they signed an agreement with this organization, and pay for its services to certain financial contributions.
In this case, the question arises: how legal means to force the CC to fulfill contractual requirements? Write an application - the most effective for this option.
What works include current and capital repairs of an apartment building? The answer is to find out right now.
Grounds and conditions of filing
According to the agreement concluded with the occupants before and ch.2 art. 162 LCD RF management company voluntarily bind themselves to maintain and repair the common areas of the house, which by law You must be operated in a state of diligent.
Otherwise, the company must answer for it before the owners of homes and other higher authorities. Any tenant has a legitimate method of action - filing a written complaint in the Criminal Code.
It is supplied on the condition that the applicant is the legal owner of the apartment in the competence of a company house.
An official request to the Criminal Code it is an offense, failure to comply with contractual obligations, and h. 2 tbsp. 162 LC RF Gosstroy Decree №170 «On approval of the rules and regulations of technical operation of the housing stock," and a number of other documents.
Thus, there several clear bases claims in the Criminal Code:
- breach of contract or failure to comply with its terms;
- failure to comply with the housing legislation (Article 162 of the RF LC.);
- ignoring the legitimate claims of tenants.
The subject of the complaint must be facts, circumstances that They are in the competence of the managing organization. To see this, you need to carefully read the contract with CC and become familiar with the legislation.
If hands he was not there, then all the necessary information can be found on the official website of the specific Criminal Code, which is duplicated on the main page of the agreement itself. The control entity is not required to perform the work, which are not covered by the contract.
The main mistake of tenants when filing a complaint is a requirement for an overhaul of the house, and this is especially true when the house was put into operation a long time ago, but such repair work of the Criminal Code is not empowered to perform.
Overhaul engaged in regional funds overhaul, which is not responsible for the Criminal Code. Residents pay for it separately cash contributions, and management company engaged exclusively in the current / facelift. This is a different repair activities from the point of view of the law.
In short, you can select common causes of complaints home owners in the Criminal Code:
- failure to comply with the current repair of the common premises of the house on time or as a result of an emergency situation, breakdown (replacement of glasses, garbage disposal repair, stair railing, painting walls, etc.);
- the need for repair and adjustment of engineering networks;
- lack of technical expertise and general inspection of premises by the Criminal Code of the house;
- neglect of sanitary or environmental regulations, when in basements, attics, stairs, entrances of houses inhabited by rodents, cockroaches, pests, and the management company is in no hurry to do anything, etc .;
- unjustified increase in tariffs for public utilities;
- providing poor quality kom.uslug: systematic off hot water, electrical failures, cold batteries, etc .;
- failure to inform the owners of the house on all planned and ongoing maintenance activities as well as changes in the size of payments and so on;
- other situations.
to the contents ↑
How to make a complaint?
How to write an application to the management company? Any complaint and appeal shall be in writing on a standard sheet of A4. The owner may write a complaint personally, or type text on your computer.
The complaint shall be made in free form, as the law does not contain any mandatory requirements for its writing, but it is logical that it should be subject to the principles office.
In the upper right corner indicates the so-called "cap", which shows the complete name of the Criminal Code, address, postcode and official to whom the complaint is directed. The applicant further enter your full name, full address, zip code, cell phone and other contact information.
Then, in the middle it is written the word "statement", "complaint" or "claim" and are detailing the problems and requirements. In this part of the treatment is necessary to clearly and concisely convey exactly what happened, and that broke the Management Company.
In order to properly substantiate its claim, it is necessary to refer to specific points of the contract, as well as legislation (Article 162 of LC RF).
At the end of the text of the complaint can be summarized as, what action is necessary to make the management of the company to remedy the situation.
To this end, it is desirable to write in large letters, the word "PLEASE" and "asks" if the complaint from tenants collective. After drawing up the basic text of the statement date and put a personal signature and full name.
Legislation allows and encourages the writing of the so-called collective complaints, where applicants are two or more owners of the apartments.
It is made identical to the individual application, but only in the "cap" is usually just a word indicates that the claim by the owners of the house, located at a specific address.
Middle leaf is written the phrase "collective complaints" to the addressee all became immediately clear. After the text of the complaint, at the end shall be signed with a breakdown of the number of apartments and houses all interested owners.
As a second option, you can directly write in the "header" application name tenants, if they are not so much, but in the end just to put a signature with clarification. In other cases, a collective complaint It is made the same way as an individual without exception.
Naturally, the collective appeal from the legal point of view much more effective, than the individual, as the Criminal Code it responds quickly. In this case, the main task of the initiator - to attract attention of as many people.
As evidence of their claims can attach additional documents or other paper / digital media, which will serve as evidence in the case.
After drawing up a complaint it is necessary to send sent, but rather the management of the company. This can be done in several ways:
- Mailed by registered or certified mail, return receipt requested, and list of contents.
- Personally contact the management company.
- Make a phone call, and to formulate an official essence of the claim, or in an emergency call the master engineer.
The best ways to transfer treatment - is the first and the second option, as in the case of the phone call manager or other responsible person can forget about the application. To avoid such situations, you need to call to request the registration of the claim.
If tenants have decided to personally contact the management company, it is necessary to refer the complaint to the employee's Office or the Secretary-General of the company.
To any other person without registration is not recommended to send documents, because then you can not find anything. The claim must necessarily be recorded, and the corresponding ticket or receipt is handed to the hands of the tenant of the house.
As evidence of their claims You need to collect additional documents. Even if the Criminal Code does not respond to a complaint or takes no action, these documents can always be used in court or in other instances. According to the practice of law, applies to such documents:
- photo and video shooting of the common areas and other elements of the house;
- Finally, a third-party expert;
- Receipt of payment of the contractor;
- the testimony of residents, made in writing;
- record conversations with an employee of the Criminal Code;
- receipts for payment of utility services;
- other documents.
to the contents ↑
According to claim 18 and claim 21 Post. RF Government N 731 written complaint should consider within 10 working days, As from the official date of registration of claims.
Management companies often refer to Art. 12 of the Federal Law "On the order of consideration of citizens' applications", which is set 30-day waiting period for a response to the complaint, but this legal act does not cover the activities of the Criminal Code.
The fact that these organizations are not a public authority and by nature they are only private companies that have a license to perform certain functions of housing.
It is advisable to wait for a response from the Criminal Code in order to proceed, but if the request was ignored, it is necessary to apply to the parent organizations.
What if the Criminal Code does not respond?
This is a fairly common practice, when the Criminal Code It ignores a written statement or takes no action, despite promises. In this case, the apartment owner can file a complaint in the following instances:
- Housing inspection of the city, which is endowed with supervisory functions over the activities of the CC.
- city prosecutor's office.
- The city administration (City Hall).
- District Court.
Similarly, in the above-mentioned organization It is made free-form complaint to which you must attach the necessary documents, including a copy of the official response from the Criminal Code, and if he did not come, in a written statement, it is necessary to mention this fact.
Such requests can be mailed, hand over personally or fill special electronic application form the official institution website.
This is called "electronic reception", where you can, without leaving home, to formulate the text of the complaint, and to accompany it in all scanned documents.
After submission, by e-mail usually comes the application number and the timing of its consideration.
The District Court is a last resort, where to go in the event that a complaint to other authorities brought no practical results.
In such situation It constitutes a particular form of procedural document, which shall contain the information provided for in Article 131 of the RF Code of Civil Procedure. He served on the location of the Criminal Code or the place of residence of the owner.
In such situations, housing and businesses need to know all the details, which can accelerate the resolution of the situation. At a conscious willingness to write a statement in housing need to remember and know the nuances of the following:
- In a statement to the Criminal Code, it is desirable to write concisely and consistently their claims without the emotional and insulting language, be sure to indicate reference to Art. 162 Housing Code and contract clauses.
- You need to make a complaint in writing in 2-copies, to the management company did not claim in the future that did not receive anything, and no complaints were not. When personal reference to the second complaint, it is desirable to put a stamp or signature officer of the Criminal Code.
- When a hit is sent mail, you must do it registered letter with acknowledgment of receipt, as in the case of delivery letters MC completed notification comes back to the mailbox with a corresponding mark.
- When the phone call it is desirable to record the conversation on tape, if there is such a function in the phone.
- It is necessary to read the contract carefully to understand what exactly is the responsibility of the Criminal Code, as the absence in the agreement of any required housing interventions gives grounds to refuse the request of the Criminal Code.
- Management Company It makes only routine maintenance but not major, and is a different concept from the perspective of law.
- must familiar with the decision of the State Construction Committee №170, where exactly specified standards and terms of repairs that must comply with the Criminal Code in a residential house. With this document it is easier to justify their claims.
- Lack of funds on the balance sheet of the Criminal Code, as well as failure to pay utilities It is not grounds for refusal comply with the requirements of the owner.
- Court is the last resort to protect the interests of housing, despite the fact that the law in such situations It does not require pre-trial settlement of dispute, but the judge may decide otherwise. In this situation, it is easier to turn first to other organs, and then to the court.
- The official response on the part of the Criminal Code to save, make a copy and put the complaints in other instances, noting the reluctance or refusal to comply with contractual obligations.
On the rules and procedure of allocation for public services in the Resolution 354, read our article.
Thus, we can say that to write an application to the Criminal Code can be and without the help of lawyers, since the complaint is made in free form. Another question: whether this statement the practical benefits?
In any case, you must initially contact the management company, and then to other instances (Housing inspection, Rospotrebnadzor, prosecutors, courts), if the application has not been answered or the housing situation has remained unsolved.
About, how to get to work management company, you can learn from the video:
Also Recommended Reading:
The question for this article. Under the terms of the complaint is a link to ppt 18 and 21 of the Decree of the RF Government on September 23, 2010 N 731. Where it says about the timing of a response to the complaint? In the Decision it comes to disclosing information about the CC.