The term of the contract for the management of an apartment building. The theory of everything. Duration of the contract for the management of an apartment building

1. A contract for the management of an apartment building is concluded with a management organization, which has been granted a license to carry out activities for the management of apartment buildings in accordance with the requirements of this Code, in writing or in electronic form using the system by drawing up one document signed by the parties. When choosing a management organization by a general meeting of owners of premises in an apartment building, a management agreement is concluded with each owner of a premises in such a building on the terms specified in the decision of this general meeting. In this case, the owners of premises in this house, possessing more than fifty percent of the votes of the total number of votes of owners of premises in this house, act as one party to the agreement to be concluded. Each owner of a room in an apartment building independently fulfills its obligations under the management agreement for an apartment building, including the obligation to pay for residential premises and utilities, and is not responsible for the obligations of other owners of premises in this building.

1.1. In the case provided for in part 13 of this Code, with each person who has accepted from the developer (the person providing the construction of an apartment building) after issuing him a permit to put an apartment building into operation, a room in this building according to a deed of transfer or other transfer document, a management agreement apartment building. In this case, such persons act as one party to the concluded agreement if they constitute more than fifty percent of their total number.

2. Under the contract for the management of an apartment building, one party (the managing organization) on the instructions of the other party (owners of premises in an apartment building, governing bodies of a homeowners' partnership, governing bodies of a housing cooperative or governing bodies of another specialized consumer cooperative, the person specified in paragraph 6 of part 2 of this Code, or in the case provided for in part 14 of this Code, the developer) within the agreed period for a fee undertakes to perform work and (or) provide services for the management of an apartment building, provide services and perform work on proper maintenance and repair common property in such a house, to provide utilities to the owners of premises in such a house and to persons using the premises in this house, or in the cases provided for by this Code, to ensure the readiness of engineering systems, to carry out other activities aimed at achieving the goals of managing an apartment building.

2.1. An agreement for the management of an apartment building, concluded in the manner prescribed by this article, must be placed by the management organization in the system in the manner prescribed by the federal executive body performing the functions of developing and selling public policy and legal regulation in the field of information technology, in conjunction with the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services.

3. The contract for the management of an apartment building must indicate:

1) the composition of the common property of an apartment building in respect of which the management will be carried out, and the address of such a building;

2) a list of works and (or) services for the management of an apartment building, services and works for the maintenance and repair of common property in an apartment building, the procedure for changing such a list, as well as a list utilitiesprovided by the management organization, with the exception of utilities provided in accordance with this Code;

3) the procedure for determining the price of the contract, the amount of payment for the maintenance and repair of residential premises and the amount of payment for utilities, as well as the procedure for making such payments, except for payments for utilities provided in accordance with this Code;

4) the procedure for exercising control over the fulfillment by the management organization of its obligations under the management agreement.

4. The terms of the contract for the management of an apartment building are established the same for all owners of premises in an apartment building.

5. The contract for the management of an apartment building is concluded:

1) in the case specified in subsection (1) of this section, for a period not less than one year, but not more than five years;

2) in the cases specified in parts 4 and 13 of this Code, for a period of not less than one year, but not more than three years;

3) in the case specified in part 14 of this Code, for a period not exceeding three months.

6. In the absence of a statement by one of the parties to terminate the management agreement for an apartment building at the end of its validity period, such an agreement shall be considered extended for the same period and on the same conditions as provided for by such an agreement.

7. The managing organization is obliged to start executing the contract for the management of an apartment building from the date of making changes to the register of licenses of the subject Russian Federation in connection with the conclusion of a management contract for such a house.

8. Changes and (or) termination of the management agreement for an apartment building are carried out in the manner prescribed by civil legislation.

8.1. The owners of premises in an apartment building unilaterally have the right to refuse to execute an agreement for the management of an apartment building, concluded as a result of an open tender provided for in parts 4 and 13 of this Code, after the expiration of each subsequent year from the date of the conclusion of the specified agreement, if before the expiration of such of the agreement, a general meeting of owners of premises in an apartment building made a decision to choose or to change the method of managing this building.

8.2. The owners of premises in an apartment building, on the basis of a decision of the general meeting of owners of premises in an apartment building, unilaterally have the right to refuse to fulfill the management agreement for an apartment building if the management organization does not fulfill the terms of such an agreement and decide on the choice of another management organization or on changing the way of data management home.

9. Management of an apartment building, which is owned by a housing cooperative or in which a homeowners' partnership has been established, is carried out taking into account the provisions of Sections V and VI of this Code.

10. The management organization, within three working days from the date of termination of the management agreement for an apartment building, is obliged to transfer technical documentation for an apartment building and other documents related to the management of such a building, keys to premises that are part of the common property of owners of premises in an apartment building, electronic codes access to equipment that is part of the common property of the owners of premises in an apartment building, and other technical means and equipment necessary for the operation and management of an apartment building, a newly selected management organization, a homeowners' partnership or a housing or housing construction cooperative or other specialized consumer a cooperative, and in the case of direct management of such a house by the owners of premises in such a house, to one of these owners, indicated in the decision of the general collection of data of owners on the choice of a method of managing such a house, or, if this owner is not specified, to any owner of the premises in such a house.

11. Unless otherwise established by the management agreement for an apartment building, the management organization annually during the first quarter current year submits to the owners of premises in an apartment building a report on the implementation of the management contract for last yearand also posts the specified report to the system.

12. If, based on the results of the execution of the management agreement for an apartment building in accordance with the report on the implementation of the management agreement posted in the system, the actual expenses of the management organization turned out to be less than those that were taken into account when setting the amount of payment for the maintenance of the residential premises, subject to the provision of services and (or) performance of work for the management of an apartment building, the provision of services and (or) the performance of work on the maintenance and repair of common property in an apartment building, provided for by such an agreement, the specified difference remains at the disposal of the management organization, provided that the savings received by the management organization did not lead to an inadequate quality of services provided and (or) work performed on the management of an apartment building, services provided and (or) work performed on the maintenance and repair of common property in an apartment building, provided for by such an agreement, confirmed in the manner prescribed by the Government of the Russian Federation. In this case, the contract for the management of an apartment building may provide for a different distribution of the savings received by the management organization.

• State housing supervision, municipal housing control and public housing control

  4.2. The grounds for conducting an unscheduled inspection, along with the grounds specified in part 2 of Article 10 Federal law of December 26, 2008 N 294-FZ "On the protection of rights legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control ", are receipts, in particular through the system, to the state housing supervision body, the body of municipal housing control of appeals and applications of citizens, including individual entrepreneurs, legal entities, information from public authorities, organs local government, identification by the state housing supervision body, the municipal housing control body in the information system about the facts of violation of the requirements of the rules for the provision, suspension and restriction of the provision of utilities to owners and ...

• Rental home management

  1. Management of a rented house is carried out taking into account the requirements established by parts 1 - 1.2, 15 and 16 of Article 161 of the RF LC, by the landlord of residential premises in such a house, if the owner of such a house or premises in it does not decide that such a house is managed by the managing organization in accordance with parts 2.3, 9 and 10 of Article 161 of the Housing Code of the Russian Federation under a management agreement concluded in accordance with Article 162 of the Housing Code of the Russian Federation by the owner or an authorized renter.

• Apartment building board

  4) exercise control over the fulfillment of obligations under concluded contracts for the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building on the basis of a power of attorney issued by the owners of premises in an apartment building, signs acts of acceptance of services rendered and (or) work performed on maintenance and current repair of common property in an apartment building, acts on violation of quality standards or frequency of services and (or) performance of work on the maintenance and repair of common property in an apartment building, acts on non-provision of utilities or provision of utilities of inadequate quality, and also sends to local authorities of an appeal on the failure of the managing organization to fulfill the obligations provided for in part 2 of Article 162 of the RF LC;

• Creation of conditions for the management of apartment buildings

  1.1. The local government body, on the basis of an appeal from the owners of premises in an apartment building, the chairman of the council of an apartment building, governing bodies of a homeowners' partnership, or governing bodies of a housing cooperative or governing bodies of another specialized consumer cooperative, specified in part 8 of Article 20 of the RF LC of public associations, other non-profit organizations on non-fulfillment by the management organization of the obligations provided for in part 2 of Article 162 of the RF LC, within five days, conducts an unscheduled check of the activities of the management organization. If, based on the results of this inspection, it is revealed that the management organization has failed to comply with the terms of the agreement for the management of an apartment building, the local government, no later than fifteen days from the date of the relevant appeal, convenes a meeting of owners of premises in this building to resolve issues on terminating the agreement with such a management organization and on choosing a new management organization or changing the way this house is managed.

• Special account

  8. In the event that a decision is made to liquidate and (or) reorganize the holder of the special account, the holder of the special account is declared bankrupt, as well as in the event that the management organization, an association of homeowners or a housing cooperative, which are the owners of the special account, terminated the management of an apartment building on the basis of decisions of the general meeting of owners of premises in this house or such termination of management of an apartment building is provided for by legislation or a court decision, the owners of premises in an apartment building are obliged at the general meeting to decide on the choice of the owner of a special account or on changing the method of forming a capital repair fund. This decision must be made and implemented no later than two months from the date of termination of the management of an apartment building, termination of management of an apartment building by persons who are holders of a special account and specified in this part. The date of termination of the management of an apartment building is determined in accordance with the requirements of Articles 162 and 200 of the RF LC.

• The procedure for the placement by the licensee of information about apartment buildings managed by the licensee. Grounds and procedure for entering information about an apartment building into the register of licenses of a constituent entity of the Russian Federation, excluding information about an apartment building from the specified register

  4. If the requirements for placing the specified information in the system are fulfilled and the state housing supervision body makes changes to the register of licenses of the constituent entity of the Russian Federation in connection with the conclusion of an agreement for the management of an apartment building, the licensee has the right to carry out activities to manage such a house from the date determined in accordance with part 7 Article 162 of the LC RF, with the exception of the case specified in part 7 of this article.

• Termination of management activities for apartment buildings due to the exclusion of information about an apartment building from the register of licenses of a constituent entity of the Russian Federation, termination of the license or its cancellation

  1) the emergence, in accordance with part 7 of Article 162 of the Housing Code of the Russian Federation, of obligations to manage such a house from a management organization selected by a general meeting of owners of premises in an apartment building or selected based on the results of an open competition held by a local government body;

1. A contract for the management of an apartment building is concluded with a management organization, which has been granted a license to carry out activities for the management of apartment buildings in accordance with the requirements of this Code, in writing or in electronic form using the system by drawing up one document signed by the parties. When choosing a management organization by a general meeting of owners of premises in an apartment building, a management agreement is concluded with each owner of a premises in such a building on the terms specified in the decision of this general meeting. In this case, the owners of premises in this house, possessing more than fifty percent of the votes of the total number of votes of owners of premises in this house, act as one party to the contract being concluded. 1.1. In the case provided for in part 13, with each person who has accepted from the developer (the person providing the construction of an apartment building) after issuing him a permit to put an apartment building into operation, a room in this building according to a deed of transfer or other transfer document, a management agreement for an apartment building is concluded ... In this case, such persons act as one party to the concluded agreement if they constitute more than fifty percent of their total number. 2. Under an agreement for the management of an apartment building, one party (the managing organization) on the instructions of the other party (owners of premises in an apartment building, management bodies of a homeowners' association, management bodies of a housing cooperative or management bodies of another specialized consumer cooperative, the person specified in paragraph 6 of part 2 of Article 153 of the Housing Code of the Russian Federation, or in the case provided for in part 14 of Article 161 of the Housing Code of the Russian Federation, the developer) within the agreed period for a fee undertakes to perform work and (or) provide services for the management of an apartment building, provide services and perform work on proper maintenance and repair of common property in such a house, provide utilities to the owners of premises in such a house and persons using the premises in this house, carry out other activities aimed at achieving the goals of managing an apartment building 2.1. The management agreement for an apartment building, concluded in the manner prescribed by this article, must be placed by the management organization in the system in the manner prescribed by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of information technology, together with the federal the executive authority responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services. 3. The contract for the management of an apartment building must indicate: 1) the composition of the common property of an apartment building in respect of which the management will be carried out, and the address of such a building; 2) a list of works and (or) services for the management of an apartment building, services and works for the maintenance and repair of common property in an apartment building, the procedure for changing such a list, as well as a list of utilities provided by the management organization; 3) the procedure for determining the price of the contract, the amount of payment for the maintenance and repair of residential premises and the amount of payment for utilities, as well as the procedure for making such a fee; 4) the procedure for exercising control over the fulfillment by the management organization of its obligations under the management agreement. 4. The terms of the contract for the management of an apartment building are established the same for all owners of premises in an apartment building. 5. An agreement for the management of an apartment building is concluded: 1) in the case specified in part 1 of this article, for a period of not less than one year, but not more than five years; 2) in the cases specified in parts 4 and 13 of Article 161 of the Housing Code of the Russian Federation, for a period of not less than one year, but not more than three years; 3) in the case specified in part 14 of article 161 of the Housing Code of the Russian Federation, for a period not exceeding three months. 6. In the absence of a statement by one of the parties to terminate the management agreement for an apartment building at the end of its validity period, such an agreement shall be considered extended for the same period and on the same conditions as provided for by such an agreement. 7. Unless otherwise established by the agreement for the management of an apartment building, the management organization is obliged to begin the implementation of such an agreement no later than thirty days from the date of its signing. 8. Amendments and (or) termination of the management agreement for an apartment building are carried out in the manner prescribed by civil legislation. 8.1. The owners of premises in an apartment building unilaterally have the right to refuse to execute an agreement for the management of an apartment building, concluded as a result of an open tender provided for in parts 4 and 13 of Article 161 of the Housing Code of the Russian Federation, upon the expiration of each subsequent year from the date of conclusion of the said agreement, if before the expiration the term of such an agreement, a general meeting of owners of premises in an apartment building made a decision to choose or to change the method of managing this building. 8.2. The owners of premises in an apartment building, on the basis of the decision of the general meeting of owners of premises in an apartment building, unilaterally have the right to refuse to execute the agreement for the management of an apartment building if the management organization does not fulfill the terms of such an agreement, and to decide on the choice of another management organization or on changing the way of data management home. 9. Management of an apartment building, which is owned by a housing cooperative or in which a homeowners' partnership has been established, shall be carried out taking into account the provisions of Sections V and VI of this Code. 10. The management organization, thirty days before the termination of the management agreement for an apartment building, is obliged to transfer the technical documentation for the apartment building and other documents related to the management of such a building to the newly selected management organization, a homeowners' partnership or a housing cooperative or other specialized consumer cooperative, or in the case of direct management of such house by the owners of premises in such a house to one of these owners specified in the decision of the general collection of data of owners on the choice of a method of managing such a house, or, if such an owner is not specified, to any owner of the premises in such a house. 11. Unless otherwise established by the management agreement for an apartment building, the management organization annually during the first quarter of the current year submits to the owners of premises in the apartment building a report on the implementation of the management agreement for the previous year, and also posts the specified report in the system.

Article 162. Contract for the management of an apartment building

1. A contract for the management of an apartment building is concluded with a management organization, which has been granted a license to carry out activities for the management of apartment buildings in accordance with the requirements of this Code, in writing or in electronic form using the system by drawing up one document signed by the parties. When choosing a management organization by a general meeting of owners of premises in an apartment building, a management agreement is concluded with each owner of a premises in such a building on the terms specified in the decision of this general meeting. In this case, the owners of premises in this house, possessing more than fifty percent of the votes of the total number of votes of owners of premises in this house, act as one party to the agreement to be concluded. Each owner of a room in an apartment building independently fulfills its obligations under the management agreement for an apartment building, including the obligation to pay for residential premises and utilities, and is not responsible for the obligations of other owners of premises in this building.

Information about changes:

Federal law extends the entry into force

2. Under the contract for the management of an apartment building, one party (the managing organization) on the instructions of the other party (owners of premises in an apartment building, governing bodies of a homeowners' partnership, governing bodies of a housing cooperative or governing bodies of another specialized consumer cooperative, the person specified in paragraph 6 of part 2 of Article 153 of this Code, or in the case provided for in part 14 of Article 161 of this Code, the developer) within the agreed period for a fee undertakes to perform work and (or) provide services for the management of an apartment building, provide services and perform work on the proper maintenance and repair of the general property in such a house, to provide utilities to the owners of premises in such a house and to persons using the premises in this house or in the cases provided for in Article 157.2 of this Code, to ensure the readiness of engineering systems, to carry out other activities aimed at achieving the goals of management iya apartment building activities.

Information about changes:

The provisions of Article 162 of this Code (as amended by Federal Law No. 59-FZ of April 3, 2018) apply to relations arising from contracts for the management of an apartment building concluded prior to the entry into force of the said Federal Law

2) a list of works and (or) services for the management of an apartment building, services and works for the maintenance and repair of common property in an apartment building, the procedure for changing such a list, as well as a list of utilities provided by the management organization, with the exception of utilities provided in in accordance with article 157.2 of this Code;

Information about changes:

Clause 3 amended from April 3, 2018 - Federal Law of April 3, 2018 N 59-FZ

The provisions of Article 162 of this Code (as amended by Federal Law No. 59-FZ of April 3, 2018) apply to relations arising from contracts for the management of an apartment building concluded prior to the entry into force of the said Federal Law

3) the procedure for determining the price of the contract, the amount of payment for the maintenance and repair of residential premises and the amount of payment for utilities, as well as the procedure for making such payments, with the exception of payments for utilities provided in accordance with Article 157.2 of this Code;

4) the procedure for exercising control over the fulfillment by the management organization of its obligations under the management agreement.

4. The terms of the contract for the management of an apartment building are established the same for all owners of premises in an apartment building.

5. The contract for the management of an apartment building is concluded:

8.1. The owners of premises in an apartment building unilaterally have the right to refuse to execute an agreement for the management of an apartment building, concluded as a result of an open tender provided for in parts 4 and 13 of Article 161 of this Code, upon the expiration of each subsequent year from the date of conclusion of the said agreement, if before the validity of such an agreement, a general meeting of owners of premises in an apartment building made a decision to choose or to change the method of managing this building.

8.2. The owners of premises in an apartment building, on the basis of a decision of the general meeting of owners of premises in an apartment building, unilaterally have the right to refuse to fulfill the management agreement for an apartment building if the management organization does not fulfill the terms of such an agreement and decide on the choice of another management organization or on changing the way of data management home.

9. The management of an apartment building that is owned by a housing cooperative or in which a homeowners' association has been established is carried out taking into account the provisions of Sections V and this Code.

10. The managing organization, within three working days from the date of termination of the management agreement for an apartment building, is obliged to transfer technical documentation for an apartment building and other documents related to the management of such a building, keys from premises that are part of the common property of owners of premises in an apartment building, electronic access codes to the equipment that is part of the common property of the owners of premises in an apartment building, and other technical means and equipment necessary for the operation and management of an apartment building, a newly selected management organization, a homeowners' partnership or a housing or housing construction cooperative or other specialized consumer cooperative , and in the case of direct management of such a house by the owners of premises in such a house, one of these owners, indicated in the decision of the general collection of data of owners on the choice of a method of managing such a house, or, if given th owner is not specified, to any owner of premises in such a house.

11. Unless otherwise established by the management agreement for an apartment building, the management organization annually during the first quarter of the current year submits to the owners of premises in the apartment building a report on the implementation of the management agreement for the previous year, and also places the specified report in the system.

Information about changes:

Article 162 is supplemented by part 12 from January 11, 2018 - Federal Law of December 31, 2017 N 485-FZ

12. If, based on the results of the execution of the management agreement for an apartment building in accordance with the report on the implementation of the management agreement posted in the system, the actual expenses of the management organization turned out to be less than those that were taken into account when setting the amount of payment for the maintenance of the residential premises, subject to the provision of services and (or) performance of work for managing an apartment building, providing services and (or) performing work on the maintenance and repair of common property in an apartment building, provided for by such an agreement, this difference remains at the disposal of the managing organization, provided that the savings received by the managing organization did not lead to an inadequate quality of services provided and (or) work performed for the management of an apartment building, services provided and (or) work performed for the maintenance and repair of common property in an apartment building, provided for by such an agreement, confirmed in the manner established by the Government of the Russian Federation. In this case, the contract for the management of an apartment building may provide for a different distribution of the savings received by the management organization.

Text updated: 10/04/2019

1. A contract for the management of an apartment building is concluded with a management organization, which has been granted a license to carry out activities for the management of apartment buildings in accordance with the requirements of this Code, in writing or in electronic form using the system by drawing up one document signed by the parties. When choosing a management organization by a general meeting of owners of premises in an apartment building, a management agreement is concluded with each owner of a premises in such a building on the terms specified in the decision of this general meeting. In this case, the owners of premises in this house, possessing more than fifty percent of the votes of the total number of votes of owners of premises in this house, act as one party to the agreement to be concluded. Each owner of a room in an apartment building independently fulfills its obligations under the management agreement for an apartment building, including the obligation to pay for residential premises and utilities, and is not responsible for the obligations of other owners of premises in this building.
(as amended by Federal Laws of 04.06.2011 N 123-FZ, of 21.07.2014 N 263-FZ, of 21.07.2014 N 255-FZ, of 26.07.2019 N 214-FZ)
1.1. In the case provided for in part 13 of Article 161 of this Code, with each person who has accepted from the developer (the person providing the construction of an apartment building) after the issuance of a permit to enter an apartment building into operation, a premise in this building is concluded under a deed of transfer or other transfer document. management agreement for an apartment building. In this case, such persons act as one party to the concluded agreement if they constitute more than fifty percent of their total number.
(Part 1.1 is introduced by Federal Law of 05.04.2013 N 38-FZ)
2. Under the contract for the management of an apartment building, one party (the managing organization) on the instructions of the other party (owners of premises in an apartment building, governing bodies of a homeowners' partnership, governing bodies of a housing cooperative or governing bodies of another specialized consumer cooperative, the person specified in paragraph 6 of part 2 of Article 153 of this Code, or in the case provided for by part 14 of Article 161 of this Code, the developer) within the agreed period for a fee undertakes to perform work and (or) provide services for the management of an apartment building, provide services and perform work on the proper maintenance and repair of the general property in such a house, to provide utilities to the owners of premises in such a house and to persons using the premises in this house, or in the cases provided for in Article 157.2 of this Code, to ensure the readiness of engineering systems, to carry out other activities aimed at achieving the goals of management iya apartment building activities.
(as amended by Federal Laws of 04.06.2011 N 123-FZ, of 05.04.2013 N 38-FZ, of 21.07.2014 N 255-FZ, of 03.04.2018 N 59-FZ)
2.1. The management agreement for an apartment building, concluded in the manner prescribed by this article, must be placed by the management organization in the system in the manner prescribed by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of information technology, together with the federal the executive authority responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services.
(Part 2.1 is introduced by Federal Law of 21.07.2014 N 263-FZ)
3. The contract for the management of an apartment building must indicate:
1) the composition of the common property of an apartment building in respect of which the management will be carried out, and the address of such a building;
2) a list of works and (or) services for the management of an apartment building, services and works for the maintenance and repair of common property in an apartment building, the procedure for changing such a list, as well as a list of utilities provided by the management organization, with the exception of utilities provided in in accordance with article 157.2 of this Code;
(as amended by Federal laws of 21.07.2014 N 255-FZ, of 03.04.2018 N 59-FZ)
3) the procedure for determining the price of the contract, the amount of payment for the maintenance and repair of residential premises and the amount of payment for utilities, as well as the procedure for making such payments, with the exception of payments for utilities provided in accordance with Article 157.2 of this Code;
(as amended by Federal Law of 03.04.2018 N 59-FZ)
4) the procedure for exercising control over the fulfillment by the management organization of its obligations under the management agreement.
4. The terms of the contract for the management of an apartment building are established the same for all owners of premises in an apartment building.
5. The contract for the management of an apartment building is concluded:
1) in the case specified in subsection (1) of this section, for a period not less than one year, but not more than five years;
2) in the cases specified in parts 4 and 13 of Article 161 of this Code, for a period of not less than one year, but not more than three years;
3) in the case specified in part 14 of Article 161 of this Code, for a period not exceeding three months.
(Part 5 as revised by Federal Law No. 38-FZ of 05.04.2013)
6. In the absence of a statement by one of the parties to terminate the management agreement for an apartment building at the end of its validity period, such an agreement shall be considered extended for the same period and on the same conditions as provided for by such an agreement.
7. The managing organization is obliged to start executing the management agreement for an apartment building from the date of making changes to the register of licenses of the constituent entity of the Russian Federation in connection with the conclusion of a management agreement for such a building.
(Part 7 as amended by Federal Law No. 485-FZ of 31.12.2017)
8. Amendments and (or) termination of the management agreement for an apartment building are carried out in the manner prescribed by civil legislation.
8.1. The owners of premises in an apartment building unilaterally have the right to refuse to execute an agreement for the management of an apartment building, concluded as a result of an open tender provided for in parts 4 and 13 of Article 161 of this Code, upon the expiration of each subsequent year from the date of conclusion of the said agreement, if before the validity of such an agreement, a general meeting of owners of premises in an apartment building made a decision on the choice or on changing the method of managing this building.
(Part eight.1 was introduced by Federal Law No. 251-FZ of December 29, 2006, as revised by No. 123-FZ Federal Law of June 4, 2011)
8.2. The owners of premises in an apartment building, on the basis of the decision of the general meeting of owners of premises in an apartment building, unilaterally have the right to refuse to execute the agreement for the management of an apartment building if the management organization does not fulfill the terms of such an agreement, and to decide on the choice of another management organization or on changing the way of data management home.
(Part eight.2 was introduced by the Federal Law of December 29, 2006 N 251-FZ, as revised by the Federal Law of 04.06.2011 N 123-FZ)
9. Management of an apartment building, which is owned by a housing cooperative or in which a homeowners' partnership has been established, shall be carried out taking into account the provisions of Sections V and VI of this Code.
10. The managing organization, within three working days from the date of termination of the management agreement for an apartment building, is obliged to transfer technical documentation for an apartment building and other documents related to the management of such a building, keys from premises that are part of the common property of owners of premises in an apartment building, electronic access codes to equipment that is part of the common property of owners of premises in an apartment building, and other technical means and equipment necessary for the operation and management of an apartment building, a newly selected management organization, a homeowners' partnership or a housing or housing construction cooperative or other specialized consumer cooperative , and in the case of direct management of such a house by the owners of premises in such a house, to one of these owners, indicated in the decision of the general collection of data of owners on the choice of a method of managing such a house, or, if given th owner is not specified, to any owner of premises in such a house.
(Part 10 as amended by Federal Law No. 485-FZ of 31.12.2017)
11. Unless otherwise established by the management agreement for an apartment building, the management organization annually during the first quarter of the current year submits to the owners of premises in the apartment building a report on the implementation of the management agreement for the previous year, and also posts the specified report in the system.
(as amended by Federal Law of 21.07.2014 N 263-FZ)
12. If, based on the results of the execution of the management agreement for an apartment building in accordance with the report on the implementation of the management agreement posted in the system, the actual expenses of the management organization turned out to be less than those that were taken into account when setting the amount of payment for the maintenance of the residential premises, subject to the provision of services and (or) performance of work for the management of an apartment building, the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building, provided for by such an agreement, the specified difference remains at the disposal of the management organization, provided that the savings received by the management organization did not lead to inadequate quality of services provided and (or) work performed on the management of an apartment building, services provided and (or) work performed on the maintenance and repair of common property in an apartment building, provided for by such an agreement, confirmed in the manner prescribed by the Government of the Russian Federation. In this case, the contract for the management of an apartment building may provide for a different distribution of the savings received by the management organization.
(Part 12 is introduced by Federal Law No. 485-FZ of 31.12.2017)

Article 162 of the LC RF. Apartment building management contract

1. A contract for the management of an apartment building is concluded with a management organization, which has been granted a license to carry out activities for the management of apartment buildings in accordance with the requirements of this Code, in writing or in electronic form using the system by drawing up one document signed by the parties. When choosing a management organization by a general meeting of owners of premises in an apartment building, a management agreement is concluded with each owner of a premises in such a building on the terms specified in the decision of this general meeting. In this case, the owners of premises in this house, possessing more than fifty percent of the votes of the total number of votes of owners of premises in this house, act as one party to the agreement to be concluded. Each owner of a room in an apartment building independently fulfills its obligations under the management agreement for an apartment building, including the obligation to pay for residential premises and utilities, and is not responsible for the obligations of other owners of premises in this building.

1.1. In the case provided for in part 13 of Article 161 of this Code, with each person who has accepted from the developer (the person providing the construction of an apartment building) after the issuance of a permit to enter an apartment building into operation, a premise in this building is concluded under a deed of transfer or other transfer document. management agreement for an apartment building. In this case, such persons act as one party to the concluded agreement if they constitute more than fifty percent of their total number.

2. Under an agreement for the management of an apartment building, one party (the managing organization) on the instructions of the other party (owners of premises in an apartment building, management bodies of a homeowners' association, management bodies of a housing cooperative or management bodies of another specialized consumer cooperative, the person specified in paragraph 6 of part 2 of Article 153 of this Code, or in the case provided for by part 14 of Article 161 of this Code, the developer) within the agreed period for a fee undertakes to perform work and (or) provide services for the management of an apartment building, provide services and perform work on the proper maintenance and repair of the general property in such a house, to provide utilities to the owners of premises in such a house and to persons using the premises in this house or in the cases provided for in Article 157.2 of this Code, to ensure the readiness of engineering systems, to carry out other management aimed at achieving the goals tenement building activities.

2.1. The management agreement for an apartment building, concluded in the manner prescribed by this article, must be placed by the management organization in the system in the manner prescribed by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of information technology, together with the federal the executive authority responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services.

3. The contract for the management of an apartment building must indicate:

1) the composition of the common property of an apartment building in respect of which the management will be carried out, and the address of such a building;

2) a list of works and (or) services for the management of an apartment building, services and works for the maintenance and repair of common property in an apartment building, the procedure for changing such a list, as well as a list of utilities provided by the management organization, with the exception of utilities provided in in accordance with article 157.2 of this Code;

3) the procedure for determining the price of the contract, the amount of payment for the maintenance and repair of residential premises and the amount of payment for utilities, as well as the procedure for making such payments, with the exception of payments for utilities provided in accordance with Article 157.2 of this Code;

4) the procedure for exercising control over the fulfillment by the management organization of its obligations under the management agreement.

4. The terms of the contract for the management of an apartment building are established the same for all owners of premises in an apartment building.

5. The contract for the management of an apartment building is concluded:

1) in the case specified in subsection (1) of this section, for a period not less than one year, but not more than five years;

2) in the cases specified in parts 4 and 13 of Article 161 of this Code, for a period of not less than one year, but not more than three years;

3) in the case specified in part 14 of Article 161 of this Code, for a period not exceeding three months.

6. In the absence of a statement by one of the parties to terminate the management agreement for an apartment building at the end of its validity period, such an agreement shall be considered extended for the same period and on the same conditions as provided for by such an agreement.

7. The managing organization is obliged to start executing the management agreement for an apartment building from the date of making changes to the register of licenses of the constituent entity of the Russian Federation in connection with the conclusion of a management agreement for such a building.

8. Changes and (or) termination of the management agreement for an apartment building are carried out in the manner prescribed by civil legislation.

8.1. The owners of premises in an apartment building unilaterally have the right to refuse to execute an agreement for the management of an apartment building, concluded as a result of an open tender provided for in parts 4 and 13 of Article 161 of this Code, upon the expiration of each subsequent year from the date of conclusion of the said agreement, if before the validity of such an agreement, a general meeting of owners of premises in an apartment building made a decision to choose or to change the method of managing this building.

8.2. The owners of premises in an apartment building, on the basis of a decision of the general meeting of owners of premises in an apartment building, unilaterally have the right to refuse to fulfill the management agreement for an apartment building if the management organization does not fulfill the terms of such an agreement and decide on the choice of another management organization or on changing the way of data management home.

9. Management of an apartment building, which is owned by a housing cooperative or in which a homeowners' partnership has been established, is carried out taking into account the provisions of Sections V and VI of this Code.

10. The managing organization, within three working days from the date of termination of the management agreement for an apartment building, is obliged to transfer technical documentation for an apartment building and other documents related to the management of such a building, keys from premises that are part of the common property of owners of premises in an apartment building, electronic access codes to the equipment that is part of the common property of the owners of premises in an apartment building, and other technical means and equipment necessary for the operation and management of an apartment building, a newly selected management organization, a homeowners' partnership or a housing or housing construction cooperative or other specialized consumer cooperative , and in the case of direct management of such a house by the owners of premises in such a house, one of these owners, indicated in the decision of the general collection of data of owners on the choice of a method of managing such a house, or, if given th owner is not specified, to any owner of premises in such a house.

11. Unless otherwise established by the management agreement for an apartment building, the management organization annually during the first quarter of the current year submits to the owners of premises in the apartment building a report on the implementation of the management agreement for the previous year, and also places the specified report in the system.

12. If, based on the results of the execution of the management agreement for an apartment building in accordance with the report on the implementation of the management agreement posted in the system, the actual expenses of the management organization turned out to be less than those that were taken into account when setting the amount of payment for the maintenance of the residential premises, subject to the provision of services and (or) performance of work for the management of an apartment building, the provision of services and (or) the performance of work on the maintenance and repair of common property in an apartment building, provided for by such an agreement, the specified difference remains at the disposal of the management organization, provided that the savings received by the management organization did not lead to an inadequate quality of services provided and (or) work performed on the management of an apartment building, services provided and (or) work performed on the maintenance and repair of common property in an apartment building, provided for by such an agreement, confirmed in the manner prescribed by the Government of the Russian Federation. In this case, the contract for the management of an apartment building may provide for a different distribution of the savings received by the management organization.

Return to the table of contents of the document: Housing Code of the Russian Federation (with comments)

Comments on Article 162 of the RF Housing Code, judicial practice of application

Clarifications of the Supreme Court in a review of practice

When is the management organization the proper defendant in the claim of the resource supplying organization for the recovery of the costs of installing a general metering device? In paragraph 2 of the Review judicial practice Supreme Court of the Russian Federation N 4 (2015) "contains the following conclusion:

If the owners of the premises in an apartment building have entered into an agreement with the management organization, the latter is the proper defendant in the claim of the resource supplying organization for the recovery of the costs of installing a general-purpose metering device.

The amount of the management organization's obligation to reimburse these costs should not exceed the total amount of the obligations of the owners of the premises of an apartment building.

* For more details see the facts of the case and the reasoning in the extract from the review of the judicial practice of the RF Supreme Court in the attachment

When is the management company obliged to reimburse the resource-supplying organization for heat losses in the networks? Clause 8 of the Review of Judicial Practice of the Supreme Court of the Russian Federation N 4 (2016) contains the following conclusion:

The management company is obliged to reimburse the resource-supplying organization for the loss of heat energy in the networks only in cases where these networks relate to the common property of an apartment building.

At the same time, the court indicated that “the obligation to pay for losses in heating networks is predetermined by the ownership of these networks ..

Authority management company in relation to heating networks as an integral part of the common property of an apartment building, they are derived from the rights of owners of premises in this building. The management company does not have the right, at its own discretion, to establish the composition of the common property.

** For more details see the circumstances of the case and the reasoning in the extract from the review of the judicial practice of the RF Armed Forces in the attachment

Publications on the site:

Part 2 of Article 162 of the Housing Code of the Russian Federation instructs the management company to carry out work on the proper maintenance and repair of common property. What is included in the concept of "proper maintenance" and what kind of repair work should the management company perform?

The review "Responsibilities of the management company in the field of housing and communal services for maintenance and repair. Judicial practice" contains the following articles:

• The obligation of the management company to repair the roof of the roof (with examples from judicial practice);
• The obligation of the management company to repair the balcony (with examples from judicial practice);
• The obligation of the management company to repair the entrances of houses (as well as judicial practice);
• The management company is obliged to repair the facade of a residential building (as well as a court decision on this issue);
• The air temperature in the apartment in winter and the responsibility of the management company to ensure the temperature regime;
• The obligation of the management company to seal the apartment metering devices (with a court decision as an example);

Compensation for damage by the management company:

• The obligation of the management company to compensate for the damage by flooding the apartment in case of a roof leak (with examples from judicial practice);
• Falling from the roof of ice and snow onto the car. Liability of the management company (with examples from judicial practice);
• Fall of a tree on a car and the obligation to compensate for damage (with judicial practice of application);

Responsibilities for current repairs in case of arrears in payment of housing and communal services

We also recommend an article with examples from judicial practice "Current repairs of an apartment building in the presence of arrears in payment for the services of the managing organization"

Refusal to execute the MKD management agreement

The review of the practice "Change of the management company in the housing and utilities sector. Judicial practice" contains the following articles:

• Conclusion and termination of a house management contract with a management company
• Unilateral refusal of the services of the management company (MKD management agreement)

Examples from judicial practice:

• Cancellation of the contract with the management company. Litigation and arbitration practice
• Change of the management company - cancellation of the management agreement. Arbitrage practice
• Change of the management company. How to cancel a home management contract? Court decisions

Investments:

"Review of judicial practice of the Supreme Court of the Russian Federation N 4 (2015)"; approved by the Presidium of the Supreme Court of the Russian Federation on December 23, 2015 (as amended on April 26, 2017); extraction:

2. If the owners of the premises in an apartment building have entered into an agreement with the management organization, the latter is the proper defendant in the claim of the resource supplying organization to recover the costs of installing a common house metering device.

The amount of the management organization's obligation to reimburse these costs should not exceed the total amount of the obligations of the owners of the premises of an apartment building.

The resource supplying organization on the basis of clause 12 of Art. 13 of the Federal Law of November 23, 2009 N 261-ФЗ "On Energy Saving and on Increasing Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation" (hereinafter referred to as the Energy Saving Law) established a general house heat metering device at its own expense in an apartment building. energy and put it into operation.

Since the owners of the premises in the apartment building did not reimburse the resource supplying organization for the installation costs, the latter filed a lawsuit against the managing organization of the apartment building for payment of these costs.

In objections to the claim, the managing organization referred to the fact that the disputed expenses must be paid directly by the owners of the premises. In addition, the managing organization should not pay at a time from its own funds the costs of installing metering devices, since the owners of the premises are provided by law with an installment plan for five years.

By the decision of the court of first instance, upheld by the decisions of the court of appeal and the arbitration court of the district, the claims were satisfied.

The Judicial Collegium of the Supreme Court of the Russian Federation supported the conclusion of the lower courts that the management organization is the proper defendant in this claim, since the owners of the premises conclude an agreement with it specifically to resolve all issues of management of an apartment building.

Based on the systemic interpretation of Art. 162 of the RF LC, clause 20 of the Rules for the implementation of activities for the management of apartment buildings, approved by the Government of the Russian Federation of May 15, 2013 N 416, pp. 24, 26 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491, the management organization, by virtue of its status, has comprehensive information on the share of each owner in the common property right to common property and is empowered to obtain payments from owners for services rendered by the managing organization and settlements with resource supplying organizations.

Meanwhile, the courts did not take into account the following.

According to paragraph 12 of Art. 13 of the Law on Energy Saving, citizens - owners of premises in an apartment building pay the costs of installing common house metering devices in equal installments within five years from the date of their installation, unless they express an intention to pay such costs at a time or with a shorter installment plan.

Since the managing organization in relations on reimbursement of costs for the installation of a common house metering device is a representative of the owners of the premises and is deprived of the opportunity to receive cash for these purposes otherwise than from the specified persons, it should not answer in a larger volume than the total volume monetary obligations owners of premises for reimbursement of expenses on the date of the judgment.

In this case, the courts had no grounds to satisfy the claim in full, since the five-year period from the moment the general-house metering device was put into operation has not expired and there is no evidence in the case file indicating that the owners of the premises decided to pay the costs in a lump sum or with shorter installment period.

"Review of judicial practice of the Supreme Court of the Russian Federation N 4 (2016)"; approved by the Presidium of the Supreme Court of the Russian Federation on 20.12.2016 (extract):

8. The management company is obliged to reimburse the resource-supplying organization for the loss of heat energy in the networks only in cases where these networks relate to the common property of an apartment building.

The developer, who was carrying out the construction of an apartment building, designed and built a section of the heating network from the outer wall of the house to the thermal chamber located in the networks of the resource supplying organization. After the creation of the heat pipeline, the resource supplying organization and the developer signed an act on establishing the boundaries of the balance sheet ownership of heating networks and operational responsibility, establishing the delimitation of networks by flange connection of the heat chamber.

Before putting the house into operation, the resource supplying organization and the management company of the apartment building (the contractor of utilities) signed an act establishing the boundaries of the balance sheet, similar in content to the act signed by the developer.

The resource supplying organization applied to the arbitration court with a claim against the management company to recover compensation for heat losses in the heating pipeline.

By the decision of the court of first instance, upheld by the decisions of the court of appeal and the arbitration court of the district, the claims were satisfied. The courts considered the management company obliged to pay for the loss of heat energy in the heating pipeline, since it was created for the needs of an apartment building, transferred to it for operation, and was not ownerless.

The Judicial Collegium of the Supreme Court of the Russian Federation overturned the aforementioned judicial acts and sent the case for new consideration to the court of first instance on the following grounds.

The obligation to pay for losses in heating networks is predetermined by the belonging of these networks (Articles 539, 544 of the Civil Code of the Russian Federation, clause 5 of article 15, clause 2 of article 19 of the Federal Law of July 27, 2010 N 190-FZ "On heat supply" ( hereinafter referred to as the Law on Heat Supply), clause 2 of the Rules for organizing heat supply in the Russian Federation, approved by Decree of the Government of the Russian Federation dated August 8, 2012 N 808).

Within the meaning of hh. 6.2, 7.1 Art. 155, hh. 1, 2, 2.3, 9 Art. 161, hh. 1 - 3 tbsp. 162 LCD RF, pp. 40, 63, 64 of the Rules for the Provision of Utilities to Owners and Users of Premises in Apartment Buildings and Residential Buildings, approved by Decree of the Government of the Russian Federation No. 354 dated May 6, 2011, the powers of the management company (service provider under a management contract) with respect to heating networks as a component parts of the common property of an apartment building are derived from the rights of the owners of premises in this building (customers under the same contract). The management company does not have the right, at its own discretion, to establish the composition of the common property.

The point of supply of heat energy to an apartment building on general rule should be located on the outer wall of an apartment building at the junction of the internal heating system with external heating networks. Otherwise, it is possible to confirm the rights of the owners of premises in an apartment building to heat networks located outside the outer wall of this building. Moving the delivery point outside the outer wall without the will of the owners means illegal imposition of the burden of maintaining the property on persons who do not own this property.

When examining the acts of delineating balance sheet ownership, the courts should have established whether there were grounds provided for by the legislation of the Russian Federation for establishing the balance sheet ownership limit for heat supply networks outside the outer boundary of the wall of an apartment building, including whether there was a stipulated clause "a" clause 1 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491, the will of the authorized owners of premises in an apartment building to determine the composition of the common property of an apartment building, and can a disputed section of heating networks be classified as other objects intended for the maintenance of one apartment building in accordance with sub. "w" clause 2 of these rules.

The courts did not establish the circumstances related to the transfer of the disputed heating pipeline by the developer to the owners. Contrary to the conclusions of the courts, the transfer by the developer of the heating pipeline to the management company does not give grounds to believe that the residents of the apartment building became its owner.