Legislative basis for the creation of management companies for the organization of life support for cottage settlements as a subsidiary of the developer. Cottage settlement management: legal regulation, judicial practice And whose communications

In recent years, many wealthy people have been able to move from a noisy and dusty city to a permanent residence outside the Moscow Ring Road in nature. But modern citizens do not want to turn into "primitive savages" and live without all the "charms" of civilization. And this can easily happen if the house they bought turns out to be standing alone in the forest, and the rest of the land can be nearby, but not built up. Thus, it turns out that comfort outside the city does not arise by itself. In order for life outside the city to not be wild in the full sense of the word, someone must create and maintain the convenience of country life.

For such purposes, there are management companies on the market. With a good professional, the owners of country houses usually do not have serious problems with life in the village. However, some management companies may not only not solve the difficulties that have arisen, but, on the contrary, create additional difficulties for residents of cottage settlements. Just as suburban homeowners can be capricious and intractable, management companies can be unscrupulous. Therefore, as practice shows, there are enough problems in this area of the suburban market. In this article, we will discuss the issue of emerging difficulties between management companies and residents of country mansions. Separately, aspects of the qualitative choice of the company and the difficulties in determining the payment for their services will be considered.

In accordance with modern legislation, the owner of a dwelling has the right to decide all issues regarding his housing, including he can find a manager for his property. It is important to remember that not only the owners of city apartments have such a right, but also the owners of country houses. Many people remember this right, but in practice it is impossible to apply it, since in the suburban real estate market there is often simply no one to choose from. At present, the situation is such that competition in the market of management companies is rather weak. Perhaps over time everything will somehow change, but for now you have to be content with what you have. As a result, as often happens in the absence of proper competition, the relationship between such market participants as owners of suburban housing and management companies resemble protracted hostilities.

Where do management companies come from?

In the modern suburban real estate market, at the very beginning of the launch of a cottage village project, as a rule, the same company that is the developer of this settlement becomes the management company, that is, the development company itself creates the management company of the village. The benefits of doing so are obvious. Such a company already immediately knows what and where in the village of communications is located and, most importantly, what quality.

If you imagine what is happening in the village, which has just been built up and implemented in a consumer environment, you can understand why it is very convenient that it is the developers who take the initiative into their own hands. It is clear that during the period of paperwork, residents are not worried about the convenience of life in the village. They also have enough worries during the settlement of a country house. But the territories of settlements, even in the period of their formation, must somehow exist. Builders, of course, want the villages built by them to enjoy well-deserved popularity. In this regard, developers are trying to take care of their "brainchild" in the future. Do not forget that this is also a source of additional profit for them.

As practice shows, it takes from two to three years for the owners of country houses to finish finishing their cottages, as well as landscaping the plots. But most importantly, with regard to the issue of the management company, the neighbors need to get to know each other well and learn how to make joint decisions, and this takes time. During the initial formation of the cottage village, when the owners are still busy with their problems with houses, developers create management companies, which, in turn, will be able to create a good social and entertainment infrastructure, as well as landscape and improve the territory of the village. Then comes the period of formation of the cottage village, when the owners of country houses are already asking questions about who and how manages in their "native" village, taking money from them. At this time, the question is being decided whether the former management company will remain in this place to "rule" or a new one will be chosen.

In order to change the management company, it is necessary to hold a general meeting of the owners of houses in the cottage settlement and make an appropriate decision. But in practice, companies make a lot of efforts to find a common language with the residents of the villages. In turn, homeowners also tend not to spoil relations with their "managers". The thing is that they simply have nowhere to go from each other. But there are examples when in the suburban real estate market, management companies were still changed at the initiative of homeowners.

And whose communications?

Quite often, sooner or later, as a result of a showdown between managers and owners of cottages, the question arises of who actually owns the communications located on the territory of the village. Such an issue can be especially acute on the agenda if the management company does not perform well and the amount of one-time and monthly communication payments seems unreasonable. In parallel with this, questions arise about how to make it the property of the owners of country cottage houses. There is no misunderstanding with the concept that the communications that are located on the territory of the house and the plot belong to the homeowner. But the distribution networks to which the intra-house communication systems are connected may be owned by construction or management companies.

The option of belonging of such territorial communications to local self-government bodies is not ruled out. The activities of the management company will be regulated by the state if it acts as a resource supply organization for consumers. If inter-house communications of a cottage settlement belong to a management company, then the issues of managing such systems will be decided by local governments. Communications may also be owned by the developer. Then it is important to understand at what expense they are built. It may also be that distribution networks and other objects of communication systems were built by a development company at its own expense. Then, accordingly, these systems belong to them by right of ownership.

If communications were built at the expense of cottage owners, then such communications systems belong to homeowners and they have the right to require construction companies to transfer this component of the infrastructure to common shared ownership. But in this case, the owners of cottages will have to bear the full costs of reconstruction and repair of equipment. But in the case when all communication systems work smoothly and efficiently, and the amount of payments for this comfort is an acceptable amount, then wealthy owners of luxurious mansions do not even think about who and on what rights village communications belong.

How are management companies paid?

Tariffs for the supply of electricity, gas, heating, water, and so on in our country are set by the state through local and regional authorities. The management company has no such rights, of course. Owners of cottage-type housing should remember this and take this into account in relations with management companies. Conscientious companies try to indicate the numbers of the relevant decisions of state authorities in all payment documents. Even if the management company is the owner of the communal systems of the cottage settlement and is itself involved in the production and supply of resources to the settlement, the tariffs for communal services should be set at the level of the subject of the Federation, since this sector of the economy is a network local monopoly.

If a company that manages a cottage community decides that it has the right to set the prices for utilities in its own favor, of course, then very soon it should have serious problems with the state antimonopoly service. As for the law, it very clearly protects the owners of their own housing and the management company, well, simply, cannot take "additional" money from the owners. However, this law, like any other in our country, can be easily circumvented, which management companies do with pleasure. In addition to official utility payments, management companies charge additional funds from residents of cottage settlements, which are called "operating costs" or "settlement fees". Such an amount can no longer be regulated by the state and gives great scope for the actions of the managing organization.

It is clear that the management company will not work just for "thank you". The general settlement fee includes the costs of maintaining the infrastructure of the settlement, the work of the management company, and the remuneration of specialists. Each owner of a country house in the village is obliged to pay for such work. At the general meeting of the residents of the village, which is usually held once a year, the management company must provide information on financial statements. At such an event, any of the residents of the village can express their opinion and make a proposal. The fee for management needs in settlements of different economic formats will be different amounts. In elite settlements, it will be higher than in economy-class settlements. This amount can only be influenced by the decision of the general meeting of homeowners in the cottage. At such a meeting, a list of the company's services and their prices will be discussed, with which the owners of the cottages may agree or not.

The editors of the portal site asked the leading speakers of management companies, owners of cottage villages and real estate agencies - how the life of the village is formed after its construction is completed.

The questions were answered:
, CEO of Clever Estate Management Company

Editorial questions:

What forms of management of cottage settlements are practiced in the Moscow region?
What are the minimum and maximum cost of living in a cottage settlement, from what payments is this amount formed?
Do all residents of the village pay their bills on time? Is it possible to somehow influence non-payers?
Many houses in cottage villages are empty for various reasons, provided that the village has large public areas and infrastructure development, who pays for the owners of such plots their fees?
Are there any settlements that have internal rules and restrictions on the appearance of houses and plots? If so, how is it documented, who monitors compliance with these rules and how?
What are the main problems in the management of the cottage village you can highlight. Are there options for solving them?

General Director of Clever Estate Management Company.

Before answering this question, I must pay attention to one thing. Even if the village is positioned as a mini-city, as a replacement of urban housing with suburban housing, houses are built in it according to only one principle - according to the principle of individual housing construction. And this means that the norms of the Town Planning Code of the Russian Federation in terms of technical standards for housing and providing residents with proper infrastructure are not applicable to it. And from a legal point of view, "management of a cottage settlement" is a very conditional concept. Such a legal form - organized cottage settlements - does not exist. There is a voluntary association of citizens on one spot of development, that's what it is - a cottage village. The management and maintenance of the cottage village is based on a contract concluded with each homeowner.

2. I can’t say the minimum or maximum, there are many dependency factors, and a wide range of prices. And the average is. The total cost of living (utilities plus operating costs) in a cottage settlement is 15,000 rubles per month from home. In a townhouse - 8-9 thousand rubles. Utility costs are the same as in the city, this is a fee for the use of resources: gas-water-electricity. Operating costs are somewhat different from urban ones. These are street lighting, cleaning of the territory and garbage disposal, as well as clearing the territory of the village from snow. Another category of additional operational services include landscaping and general landscaping of the adjacent territory.

3. In different ways. Most still, on time. Still, a resident of a cottage settlement is more organized, more focused on his personal comfort. Since the homeowner concludes an operating contract with the management company at the stage of buying a house, he understands his monthly cost. And people are initially ready to pay for the fact that the environment in which they live is comfortable. But if someone refuses to pay, there is no leverage against them. Not very pleasant measures remain: blocking the road, stopping garbage collection, cutting off electricity, and so on. Only SNT, horticultural associations have a good lever of pressure on non-payers. This is a legally organized unit, all members of the partnership have their own rights and obligations, everything is regulated by the rules. Unfortunately, this is not the case in cottage settlements.

4. There are common areas within the cottage settlement, the payment for their maintenance is divided among all residents. The more houses are occupied, the lower the cost of payment, and vice versa.

5. Rather no than yes, since all the houses in the cottage settlement are a private history, individual housing construction. Theoretically, some restrictions are possible in closed club-type settlements, and even then it is unlikely. The more “closed”, “club”, “elite” the village is, the more difficult it is to urge its residents to comply with some rules and restrictions.

6. The main problems are the problems of non-payments. But this issue is solved in the ways that I have already mentioned above. But I must say that these are extreme measures. Basically, the management company still manages to urge non-payers to comply with the terms of the contract through negotiations with it. Another problem is the elimination of emergencies and breakdowns arising from improper laying of engineering networks and communications. It often happens that they are laid in violation of technology, and these problems manifest themselves during operation. For example, a cable break occurs due to the fact that when it was laid, subsidence of the soil was not taken into account. Or sewer systems stop working correctly due to the fact that the pipes were laid at the wrong angle, or an insufficient number of “storm drains” were made. All these problems are fixed by the management company, sometimes with the assistance of local emergency services, and the costs fall on the shoulders of the homeowners.

, Project Manager at Vector Investments

More and more buyers are concerned about the issues of operation and its cost. Already during the implementation of the first Vector Investments project, the company began to think about this topic, attracted consultants from among external management companies. Unfortunately, we received astronomical figures for the cost of managing our settlements, in addition, we were offered inconvenient ways to collect funds from those who do not want to pay or are not in Russia. Therefore, the solution of this side of the issue fell on the developer, since none of the operators wanted to take on the relevant functions.

Country projects are most often considered in the segment from idea to implementation. This is a long process consisting of different stages (concept sketch, concept, design, construction, sales and finally full implementation). At the same time, it is somehow overlooked that even after the end of sales, the existence of the village does not stop at all. On the contrary, now the project lives a real life - however, already separately from the developer.

Responsible today is the developer who implements the project with high quality and on time, without deceiving the expectations of its customers in any way. But everything that happens after is, by and large, the responsibility of the villagers themselves.

At the initial stage of the project, the developer organizes an operating unit, whose activities are mainly aimed at maintaining the facility at minimal cost and servicing engineering structures in the village. Over time, as the project develops, the division is connected to administrative tasks, from this moment we can already talk about the emergence of a management company. But even at this stage, there is still a long way to go before making a profit.

So the responsible developer most often brings the project to completion and transfers it to a professional management company (if its reputation allows it to attract professionals to the new village).

When the project is fully implemented, there are 2 main scenarios related to management and operation: a third-party management company works or residents manage the village on their own. In the first case, all operational, as well as a number of administrative functions, are performed by a professional management company, which is involved in the project by the developer. The main activities of the management company in the village are the current maintenance of the village networks, providing round-the-clock security, maintaining and repairing roads within the village, maintaining cleanliness in the territory, removing and disposing of garbage, providing night lighting, organizing an emergency service, maintaining public areas, controlling administrative expenses.

In the second case, the owners of cottages or plots in the village, having united in a non-profit organization (HOA, housing or consumer cooperative, etc.), independently perform the functions of a management company, hire appropriate personnel, and purchase inventory.

In any case, the owners must create an association of citizens to manage their village. As a rule, after the village is put into operation (up to this point, the developer company is in charge of the operation), the owners at the general meeting decide on the choice of the method of managing the village, i.e. for or against the involvement of a management company.

There is another option: sometimes a management company is created by the developer as a division that is part of its structure. However, this approach still remains an exception for the suburban market (the activity of its own management company does not bring a quick profit to the developer).

In our Istra Valley, all villages, as well as all infrastructure facilities, are serviced by our own management company from the developer, which allows us to control the quality of our products throughout their life cycle, and not just until the moment of implementation of each of the villages.

If the management company in the structure of a development company serves several settlements on a common territory at once, the planned loss-making period can be significantly reduced, and profit can be made much faster. Plus, which is important, in addition to financial profit, the developer also increases his reputational capital. In fact, he does not distance himself from the fate of his villages even after they are fully implemented, he leads projects throughout their existence (which, in my opinion, is a new level of responsibility to the buyer).

By the way, your own management company is also indirect evidence that the developer chooses high-quality materials and builds in good faith, since you will have to deal with the consequences of hack work yourself, whenever they appear. With this approach, the creation of its own management unit in the structure of the company “unexpectedly” turns out to be beneficial for the developer. So our decision to create the Vector Service Management Company, which serves the villages and infrastructure of the Istra Valley, is not just an indicator of responsibility to customers, but also a reasonable business decision.

Management Company services in settlements on the example of the Istra Valley (list of services, tariffs).

The benefit for buyers that the village is managed by the developer's own management company is not so obvious at first glance. Yes, residents will not have to deal with hiring staff, purchasing equipment, etc., but they will have to pay the Criminal Code for the fact that she will do it. The numbers can be quite round.

Another thing is if the same staff, the same fleet of service equipment is involved in the management and operation of several settlements, then the costs of the owners are reduced, and the savings in operating costs are noticeable.

In the villages of the Istra Valley, the cost of basic operating costs (such as round-the-clock security, night lighting, garbage removal and disposal, maintenance of roads and public areas, current and emergency maintenance of village networks, etc.) is 1.5-2 times lower than in market average. For example, in the village of Nikitskoye (economy class) payments are 2-3 thousand rubles per month, in Ecopark-Ushakovo (business class) - 4.5-5.5 thousand rubles per month, in (premium class) - 8-12 thousand rubles per month.

For comparison: on average, operating payments in elite settlements today amount to 20-30 thousand rubles a month (and more - it depends on the set of infrastructure), in business class - 15-25 thousand rubles. These are normal, market figures; it is possible to reduce management and operation costs (and, accordingly, prices for owners) only by connecting the management company to the management of several projects in the same territory.

The main services provided by Vector Service:

maintenance and cleaning of roads and common areas;
maintenance of organized green spaces;
cleaning of territories, garbage disposal and sanitary maintenance of places
common use;
organizing and holding community events;
technical maintenance, scheduled and emergency repairs of community buildings
engineering networks;
issuance of approvals and permits for construction work in settlements;
control over the progress of construction;
taking readings from meters for the energy resources consumed by the owners, etc.

In addition to the mandatory options, Vector Service also provides additional services:

for the removal of garbage directly from the sites; repair and maintenance of communications; uprooting, cutting and planting trees on plots, etc. In the future, we plan to organize a plant nursery in the Istra Valley so that the owners can choose and purchase them for landscaping their plots.

For a more detailed illustration - figures for expenditures in some villages of the Istra Valley.

Operating costs in the settlements of the Istra Valley::

Nikitskoye (economy class) - 2-3 thousand rubles. / month
Shelestovo (economy class) - 4.5 - 5.5 thousand rubles. / month
Forest pier (business class) - 7-10 thousand rubles. / month
Forest pier-2 (business class) - 6-7 thousand rubles. / month
Ecopark Ushakovo (business class) - 4.5 - 5.5 thousand rubles. / month
Lake District (business class) - 6-7 thousand rubles. / month
Ushakovskiye Dacha (business class) - 7-10 thousand rubles. / month
Quiet backwater (business class) - 5-6 thousand rubles. / month
ZORINO ACTIVE RESORT, ZORINO SPORT VILLAGE (business class) - 6-7 thousand rubles. / month
Lake Side (premium class) - 8-12 thousand rubles. / month

In general, I must say that minimizing the cost of managing and operating the village is an important task. The market is gradually developing, the buyer now understands that you can save not only (and even not so much) at the time of the transaction. It is important to prevent false savings - everyone has long known how to “save” by buying a plot without communications (so that the cost of summing up later may exceed the cost of the site itself).

The understanding came that “empty”, non-functional meters at the finishing stage can also cost a round sum (for example, 1500 USD per sq.m.)

The same is true with operating payments: people ask in advance what and how much they will have to pay for while living in the village. Gradually, people are also realizing that a developer who leads his project throughout its life cycle (invents, embodies and then manages what happened) is perhaps worthy of trust.

And, although so far for the suburban real estate market, the appearance of its own management company in the structure of the developer remains an exception to the general rule. But sooner or later the market will realize all the advantages of such a decision both for the developer and for the residents of the villages; and I am glad that we came to this understanding among the first.

Rubtsov Vadim Igorevich, Leading Specialist of the Realtor Company "Russian House of Real Estate"

1. Management in the village is carried out by the management company, which is created by the developer. Subsequently, the residents of the village can choose another management company.

2. Payments are made up of a fixed part, which depends on the size of the plot (in our villages, 500 rubles per hundred square meters per month), which includes security, cleaning of the territory, repair and maintenance of infrastructure. Payment for gas, water, electricity is made by meters. Maintenance of the house 250-300 sq. m. costs from 15,000 to 30,000 rubles per month.

3. The main way to deal with non-payers is to turn off gas or electricity.

4. For unfinished houses or without finishing, such methods are not effective, and payments are redistributed among conscientious payers.

5. In many villages, the coordination of buildings with the architect of the village or the management company is mandatory. The buyer is obliged to conclude an appropriate agreement with the management company.

6. They exist in the form of an HOA to control the management company and make important decisions.

Dmitry Kotrovsky, Vice President of the development company "Khimki Group"

1. There are two main forms of management of organized cottage settlements (OKP). The first is the management company. In this case, homeowners hire a UK (choose it by tender or by mutual agreement). The second option is the creation of an HOA, when the owners themselves create a governing body, which includes the most active of them. The HOA usually consists of a leader (chairman), an accountant. There must be a supervisory body - an audit commission that controls financial flows.

2. There is a lower limit of the norm - 23-24 rubles per square meter of each house per month. This standard includes garbage collection, maintenance of networks and cleaning of the territory - cutting grass in summer, removing snow from roadways and sidewalks in winter. This figure can be about 50, 100 and even 200 rubles per month from 1 square. meters of the area of the house, it depends on what the tenants decide to include in the operating costs. This can be security with inspection at the checkpoint or patrolling the territory by armed guards, video surveillance, garbage removal from private property, cleaning paths and caring for plants in public areas (watering, fertilizing, cutting) in the summer, complete cleaning of the roadway from snow (to asphalt ), etc. If the village has a closed sports and social infrastructure, then its maintenance significantly increases the burden on the budget of each individual household. This may be the maintenance of a tennis court (lighting, lawn maintenance), a football field, a swimming pool, etc.

3. There is an opinion that buyers of expensive houses of large areas pay for living expenses automatically, perhaps for a year in advance, without creating problems for the HOA or the Criminal Code. However, this is not the case. It is large houses that, as a rule, are non-payers, and not because they have no money, but for them it is such a trifle that should be solved somehow by itself. Such owners may not live at all in their house, having bought it for status, investment, or children “for growth”. They or their representative appear once a year and the task of the HOA or the Criminal Code is to catch him and receive payments for the missed period. It is rare that all owners regularly pay mandatory payments and, as a rule, the management company or the HOA are obliged to look for various options, to cheat, because the whole village needs to be serviced, and not everyone pays. Imagine the situation: in a new village, street lights located at each house are connected on the street. And now some owners say that they do not need street lighting. What to do: turn on lights selectively at the houses of those who pay? And the street will be illuminated in places? But what about security issues?

House owners are all different, and many have their own vision of fixed costs, because they have huge expenses associated with home repairs, landscaping, etc. could reach a consensus. If some of the owners do not pay mandatory payments, then the HOA posts lists of debtors, initiates the disconnection of houses from the networks, in the most extreme case, goes to court to collect debts.

4. If we talk about general expenses, then, in fact, conscientious payers pay for malicious non-payers, because it is impossible to clean the road from snow and mow the lawn “in places”. Residents of the OKP can be divided into three categories: those who want to pay and pay because they understand that this affects the quality of life; those who want to pay, but cannot - because the expenses are not high for repairs or the house was bought with a mortgage. And those who do not want to pay, even having the opportunity.

5. In most organized cottage settlements, especially business class and above, there are a number of restrictions on changing the appearance of facades, roofs, even fences. Their observance is monitored by the HOA or the Management Company. In our residential complex "Olympic Village Novogorsk" at the stage of concluding an agreement, the buyer of a homeownership signs a number of regulatory documents that will keep him in the future within the framework of compliance with the general architectural concept of the village.

6. There are three main groups of problems.

Untimely payment of operating expenses by the owners, as a result of which the HOA or the management company are forced to save or not fulfill a number of obligations.
Defects on the part of the developer at the stage of the act of transfer of the finished object - very often the problems associated with the quality of construction fall on the shoulders of the management company or the HOA, while the developer must and can correct them.
Organization of the work of the Criminal Code or HOA - transparency, activity, readiness for dialogue and compromise. Homeowners associations or management companies are, in fact, structures operating in the service sector. They provide services and receive a certain income for this. Their task is to strive to ensure that the services are performed with high quality, and the customer of the services is satisfied.

Irina Kalinina, CEO of the real estate agency TWEED

1. To date, there are two main forms of management of cottage settlements. This is either a management company with which residents enter into an agreement for the maintenance of the village, or an HOA. For example, in such settlements as Greenfield and Millennium Park, management functions have been transferred to special companies.

2. In the elite segment, the minimum cost of living in the village is 10,000 rubles per month, and the maximum is about 60,000 rubles per month. For example, in the village of "Rubin Estate" the price of maintenance is formed at the rate of 30 rubles per "square" area of the house. Thus, the owner of a cottage with an area of about 350 square meters pays a little more than 10 thousand rubles a month for utilities.

3. Unfortunately, not everyone pays on time. And even residents of elite settlements often forget to pay the required amount for the services of management companies. There are various measures to influence malicious non-payers - for example, they can block communications. A more radical option is to restrict entry into the village. That is, if the owner did not pay for the services on time, his guests may simply not be allowed into the territory of the village. Moreover, it is possible that the owner himself will not be able to drive to his house. Legally, this is not justified in any way, however, management companies resort to such measures.

5. Similar restrictions apply in many settlements, and especially in the premium segment. It is clear that if the village is strictly conceptual - for example, like Deauville and Trouville near Moscow - then the owner will not be allowed to build anything on the site, and all restrictions will be necessarily recorded in the contract for the sale of the object. As a rule, the management company monitors compliance with the rules for building and designing plots.

6. The main problem in the villages run by the owners of the houses is the inability to raise money for public needs. For example, if the HOA decides to place a new playground on the territory of the village, not everyone will want to “fork out”. That is, 100% of the amount is almost never collected, and this problem is relevant not only for inexpensive villages, but also in the elite segment too.

In the Russian legal field, a situation has developed in which the actually existing object "cottage settlement" does not have a legal definition and regulation. In accordance with this, there are no legal provisions regarding the Management Company in the cottage settlement.

Therefore, there are certain criteria by which it is legally determined that these buildings belong to individual houses.

Now it is customary to call a cottage a large country house, and a cottage village - a conglomerate of such houses located in the neighborhood. The lack of normative certainty in these allows us to speak of a kind of legislative vacuum around the development of suburban construction. At the same time, a single plot of land is allocated for the construction of the entire village.

The cottage settlement also has a common area, where there is a common guest parking, a playground, village roads, street lighting, a metal fence, etc. In a cottage settlement, communications are most often common: electricity, water supply, sewerage, etc. All this can be both the common property of the owners of houses located on the territory of the village, and remain the property of the developer of the cottage village, who can sell it or transfer it to management.

Consequently, a cottage settlement can be considered a set of individual residential buildings located on a separate land plot, connected by a common communications and having its own infrastructure

The elements of a cottage settlement are: a land plot provided for a cottage settlement; individual residential houses (cottages) with land plots under the houses assigned to the property; common property of cottage owners (communications, roads, parking lots, etc.), and infrastructure.

According to Art. 7 of the Housing Code of the Russian Federation in cases where housing relations are not regulated by housing legislation or by agreement of the participants in such relations, and in the absence of civil or other legislation directly regulating such relations, housing legislation regulating similar relations is applied to them, if this does not contradict their essence. (an analogy of the law).

Courts, considering disputes about management, maintenance of common property in a cottage settlement and payment of utility bills, by analogy, apply the rules on an apartment building. In the housing legislation, the issue of managing an apartment building has been worked out in detail. The courts extend this construction to the model of a cottage settlement, as a kind of “house”, in which cottages are “apartments”.

Residential real estate management of a cottage village is a professional organization of all the life processes of the village in order to ensure a comfortable stay for the owners of cottages.

The service includes managerial and organizational work, including:

Conclusion of contracts and control over the work of service organizations;

Maintaining contractual relations with resource-supplying organizations;

Interaction with state institutions and local self-government bodies and participation in various commissions;

Analysis of the work of all organizations serving the facility in order to optimize the costs of owners;

Optimization of the organizational structure of management and service;

Work with owners on all issues, ensuring favorable and safe living conditions for citizens, resolving issues of using common property.

The management of the cottage settlement should ensure: favorable and safe living conditions for citizens, proper maintenance of common property in the cottage settlement, resolving issues of using the said property, as well as providing public services to citizens living in houses in the village.

Owners of houses located on the territory of a cottage settlement, using the rights of homeowners, can conclude an agreement with a management company, create an HOA or LCD (housing cooperative), or independently conclude all contracts with utility providers. Combinations of control methods are possible.

Owners of cottages have the right to entrust the conduct of their affairs to the management company. Managing organization - a commercial organization that provides professional services for the management of apartment buildings. The general meeting of house owners in order to apply the specified method of managing the cottage settlement must decide on the choice of the method of managing the managing organization; election of a specific managing organization; terms of the management agreement with this managing organization.

Under the management agreement, the managing organization, on the instructions of the owners of houses, within an agreed period for a fee, undertakes to provide services and perform work on the proper maintenance and repair of the common property of the cottage settlement, to provide utility services to the owners of houses, to carry out other activities aimed at achieving the goals of managing the cottage settlement.

The main terms of the agreement between the owners and the managing organization:

The composition of the property to be managed and its location;

The list of services and works for the maintenance and repair of property, the procedure for changing such a list, as well as the list of utilities provided by the managing organization;

The procedure for determining the price of the contract, the amount of the fee for the maintenance and repair of common property and the amount of the fee for utilities, as well as the procedure for making such a fee;

The procedure for monitoring the fulfillment by the managing organization of its obligations under the management agreement.

As a rule, a management company is created by a developer company. This is good for the residents of the village (after all, no one knows the intricacies of the structure of the village better than the developer), and for the developer himself: after all, the established management company is a source of additional profit. Or the developer chooses a third-party management company on a competitive basis.

Advantages of a managing organization created by the developer himself:

There are no problems with the transfer of the house to the balance of the managing organization, all documents are transferred very quickly;

The company takes care of its house, it wants to keep it in good condition for as long as possible, and this is an indicator of the builder's responsibility;

Residents do not have to hold meetings, solve pressing issues, spend their time on ensuring decent operation of the house - all this falls on the shoulders of the management company.

Disadvantages of the management company:

The main thing on which almost every management company "earns" is tariffs for housing and communal services. In the absence of competition, the management company may set tariffs higher than the city average;

The inadmissibility of checking the financial activities of the management company.

In accordance with the legislation of the Russian Federation and the Housing Code of the Russian Federation, there are no license restrictions on the creation of a management company in the provision of housing and communal services and the life support of cottage settlements, except that in official documents it is called a "managing organization".

The algorithm for creating a management company in the field of providing housing and communal services in a cottage settlement, in accordance with the legislation of the Russian Federation, has the following stages:

1. You can open a company in one of the organizational and legal forms:

LLC (Limited Liability Company)

CJSC (Closed Joint Stock Company)

OJSC (Open Joint Stock Company)

The easiest and best option is to open an LLC (Limited Liability Company). It is possible to open an LLC with virtually no initial capital, since the authorized capital can be contributed by property transferred by the developer.

2. In order to carry out state registration, first of all, it is necessary to prepare a package of documents for registration, which includes: Decision on the establishment, Charter, etc. Then determine the location of the company, the size of the authorized capital and you can apply for registration of the company. It will take at least two weeks to open a UK.

3. Limited Liability Company (LLC) - the most common and popular form of commercial organization of enterprises. Registration of an enterprise as an LLC is especially suitable for small and medium-sized businesses due to a small authorized capital (10,000 rubles), a simple management system and the absence of legal liability for owners of personal property.

When registering an LLC (Limited Liability Company), it is necessary to take into account:

Members of a limited liability company may be citizens of the Russian Federation, foreign citizens, as well as legal entities;

The founder of an LLC (Limited Liability Company) may be one person who is also entitled to perform the functions of an executive body. The Company cannot have as its sole participant another legal entity consisting of one participant;

The number of participants in the company should not exceed 50 people;

The minimum authorized capital of an LLC (Limited Liability Company) is 10 thousand rubles and is not taxed. A contribution to the UK (Authorized Capital) of a company can be money, securities, property, property rights having a monetary value;

The participants of the company are not liable for its obligations and bear the risk of losses associated with the activities of LLC (Limited Liability Company) within the value of their contributions.

The registration of an LLC consists of the following steps:

· Preparing for registration

Registration of LLC in the tax authority

· Statement on the application of the taxation system

Print order

Assignment of statistical codes

Registration with the Social Insurance Fund

Registration in the Pension Fund

Registration in the Compulsory Medical Insurance Fund

4. To register an LLC (Limited Liability Company), the following documents must be prepared:

· Application for registration of LLC (Limited Liability Company);

· Minutes of the general meeting of founders or the decision of the sole founder to establish an LLC (Limited Liability Company);