First of all, we note one important circumstance. The decision to abandon the UK is made at a general meeting of homeowners. Usually, with the chosen general meeting of the Criminal Code, each homeowner concludes. Its validity period is limited to three years, but in practice, most often the contract is concluded for only a year.
Advice! The first and easiest way to refuse a serving management company on this moment Just wait until the end of the contract. And then, at the general meeting, choose a new management company.
After the end of the contract
Step by step instructions on how to general order give up management company consists of the following steps:
If the term of the contract has simply ended, the owners do not need to substantiate their decision to refuse the Criminal Code, to bother collecting evidence for termination. We simply refuse the services of this company and that's it.
Of course, it’s easier to wait until the deadline expires, but it also happens that the circumstances force you to take emergency measures and cancel the services of the Criminal Code ahead of schedule. For example, she ignores the legitimate demands of residents and evades her direct duties. Read about all the duties and services of the Criminal Code.
In this case, it is necessary to terminate early contractual relationship with a dishonest partner.
By early termination of the contract
Before terminating the contract with the management company unilaterally, MKD owners need to prepare:
- have good reasons, supported by convincing documentary evidence;
- prepare the required package of papers;
- notify the owners of the meeting;
- hold a general meeting of owners;
- notify the CC of the decision.
Consider, first, the grounds for withdrawing from the Criminal Code, then we will touch on the evidence that will be needed for it and find out what documents will be needed.
Foundations
Refusal of the services of the Criminal Code must be justified. The following actions on the part of the Criminal Code may be recognized as grounds for early termination of the contract:
- did not perform housekeeping work;
- did not provide tenants with the services specified in the contract;
- the quality of the services provided and the work performed was low;
- did not provide citizens with the information they were interested in.
If at least one of these conditions is present, then on a legal basis, you can demand the termination of relations with the Criminal Code.
Note! The expiration of the contract is an absolutely legitimate reason for terminating relations with the Criminal Code. If it is not extended, then the cooperation ends completely and definitively.
In all other cases, according to Article 162 of the LC RF, the existence of grounds will have to be proved, most often in court.
Documentation
For early unilateral termination of the contract between the owners and the management company, you need to prepare the following documents:
- Protocol general meeting at which the decision to abandon the CC was made.
- Copies of appeals to the supervising organizations - consumer supervision, the prosecutor's office, the sanitary and epidemiological station.
- Copies of owners' complaints about violations by the Criminal Code.
- Copies of acts of inspections of the activities of the Criminal Code.
- Written notice to the Criminal Code of the termination of the contract with her.
Notification
In the process of terminating the contract with the Criminal Code, two types of notifications are used. First the notification is intended to notify the owners and the management company about the holding of a general meeting of homeowners, which will raise the issue of refusing the services of a management company.
If there are non-privatized apartments in the MKD, a representative of the city administration must be invited to the meeting.
Indeed, in this case, the municipality is the owner of the housing.
The notice specifies the agenda- the question of choosing a new management company or another method of management.
Further, the notification should contain contact numbers by which you can get information about the issues submitted for discussion, the initiative group is indicated, that is, those people who convene the general meeting. Naturally, the place, date and time of the meeting.
The management company itself must be notified of the decision taken at the meeting of the owners. The notification must be based on the current legislation - Article 162 of the LC RF, p.p. 8.1 and 8.2 Article 450 of the Civil Code of the Russian Federation.
Reference! The notice must state the grounds decision: court order, decision of the general meeting, etc.
Proof
It is important to remember that legislation, homeowners are given the opportunity to early terminate relations with the Criminal Code. But such a decision must be supported by irrefutable evidence. For example, these include the following cases:
Important! All violations by the Criminal Code must be remembered and, if possible, documented. Before convening a general meeting, it is necessary not only to request documentation from the Criminal Code related to the performance of work under the current contract, but also to prepare evidence that the clauses of this contract have been repeatedly violated.
As evidence of violations by the Criminal Code may be:
- copies of appeals and complaints of tenants;
- acts of inspections of the work of the Criminal Code by supervising organizations;
- acts fixing the improper fulfillment of the UK's duties.
Preparing and holding a meeting of owners
In order to properly prepare the meeting regarding the refusal of the Criminal Code, it is necessary to perform the following actions:
Important! It should be borne in mind that before the start of preparation, careful work is carried out with the owners. It is advisable to convince most of them of the need or choose a different way to manage the house. Only then can practical steps be taken.
Once the meeting is decided, it is necessary to prepare notifications to all owners and management companies about the place and time of the meeting. Notifications are handed in person against signature or sent by registered mail with notification to the address of the recipient.
The meeting must be held no later than 3 months before the contract expires. If you notify the Criminal Code or apply to the court later, then the requirements and the decision of the meeting will be rejected.
Then a general meeting is held. If it is not possible to conduct it in person, then absentee form is allowed.
What to do after the decision to refuse?
After the meeting makes a decision, a notice with a copy of the decision of the meeting is sent to the management company. The management company must prepare and transfer all materials around the house the management company chosen by the meeting or organizational structure management of the house, which will be accepted by the owners.
It is possible that after the meeting you will have to apply to the court. Then you need to prepare statement of claim and a package of documents that will serve as evidence in court.
The form of management is chosen by the general meeting. But, if there is no HOA in the house, then each owner concludes a service agreement with the Criminal Code independently, on his own behalf.
After the decision of the meeting, each homeowner must terminate the contract with the management company. He sends a written notice that, based on the decision of the general meeting, the contract with the management company is terminated unilaterally.
Is it possible to refuse the Criminal Code with one apartment?
Before answering the question of how to abandon the management company of one apartment, you need to find out if this is possible.
Attention! It is impossible for one owner to refuse the services of the Criminal Code, since only the general meeting is vested with the right to choose the form of managing the house, and only this meeting can decide to refuse the services of the Criminal Code.
In the event that one owner is dissatisfied with the services provided, he must discuss this with the rest of the tenants and come to a decision to abandon the MC with the whole house and only through a general meeting.
Conclusion
In addition, there are many pitfalls in the current legislation that can nullify all efforts.
In the event that the management agreement with the management company is concluded based on the results of open competition, then refuse to execute this agreement unilaterally, the owners may, after the expiration of each subsequent year from the date of its conclusion. However, the decision to unilaterally withdraw from the management agreement, as well as the decision to choose the method of managing the house, in this case, must be made by the owners before the expiration of the management agreement (part 8.1. Article 162 of the RF LC).
Rejection of the management company chosen by the owners
That is, for example, the owners decided to unilaterally refuse the contract with the management company, since they decided to create an HOA, to which the management of the house will be transferred, or a decision was made on direct management. In this case, in order to refuse the services of the management company, there is no need to look for shortcomings in the services provided by it, it is enough to make a decision to cancel the contract and choose a different way to manage the house.
See also publications:
- Cancellation of the contract with the management company. Litigation practice
- Change of the management company - cancellation of the management contract. Arbitrage practice
The refusal of the management company usually occurs when the residents of a particular apartment building are dissatisfied with the actions of the employees of this very management company. It is possible that other circumstances may arise that prompt the launch of such a process.
The most important thing to understand is that the procedure for removing duties from the management office has specific regulations, the rules of which cannot be violated. However, in general, the procedure for fixing a failure is quite simple, the main thing is to thoroughly approach the issue of studying its stages.
Grounds for refusing the services of a management office
Most often, the grounds for terminating the contract with the management company are the actions of such, evaluated by the residents in a negative way. The list of reasons usually includes:
- ignoring the work required to maintain the house;
- lack of services prescribed in the contract;
- low quality of work performed and services provided;
- lack of response from the management of the Criminal Code when requests are received from the owners of the house related to the requirement to provide this or that information.
In a word, any situation in which the interests of the residents are infringed upon, and the obligations imposed on the management company by the content of the contract, are not fulfilled in the appropriate amount or are completely ignored, can act as a reason to refuse the management company.
How to abandon the Criminal Code: step by step instructions
A standard contract with the management office is concluded for 1-3 years and, if at the end of no protests or other questions from the tenants, the document is automatically extended for a period similar to the previous one. The conditions and obligations of the parties are preserved (paragraph 162 of the LCD, paragraph 6).
Accordingly, the easiest way to terminate the contractual relationship with a particular management company is to wait until the end of the current agreement period and announce the refusal to renew it. In this case, the decision will not require any justification or argumentation, and the procedure will take place in the most simplified mode.
The algorithm of actions will include the following steps:
- Gathering of tenants of the house engaged in social activities. Activists study the work of the Criminal Code, form a proposal to terminate the contract based on the available evidence.
- Collection of evidence. All the same initiative group sends a request to the Criminal Code with the requirement to provide reports on the work done, in particular, we are talking about the funds spent. For example, it could have been a collection of funds for the replacement of pipes, but in fact nothing happened. Or residents regularly contribute funds supposedly going to wages janitors, but in fact no work is carried out. In a word, any fees from the Criminal Code that are not supported by real actions can serve as evidence. This should also include confirmation of the fact of constant interruptions in the supply of cold or hot water, problems with heating, dampness in the basement and other points.
- Explanatory conversations with those living in the house, conducted by members of the initiative group. In particular, there is a collection of information about whether everyone is satisfied with the activities of the Criminal Code, if not, then what exactly. At the same moment, a proposal is announced to refuse the services of a particular office with reference to the collected evidence of its dishonesty. A written notice is given to each tenant informing them of the date, time and place of the general meeting.
- Preparation of documentation and proposals for the abandonment of the Criminal Code for the general meeting of residents of the house.
- Conducting a meeting. The gathering of citizens and everything that happens is recorded in detail.
- Sending the application and related papers to the management office. Directly in the notification, a refusal to further extend the contract for the provision of their services or a notification of early termination of the agreement is indicated.
Since owners often want to quickly get rid of an unscrupulous management company, one should Special attention turn to the collection of evidence proving the fact of non-fulfillment of obligations. It is important to understand that in this case the arguments should be as exhaustive as possible, because it is likely that the Criminal Code will file a protest. In this case, it will be possible to obtain admission to change the manager only through the court.
As for whether it is possible to refuse the services of a management company to one owner, this is quite acceptable and even realistic. True, the initiator will need to thoroughly be patient and collect an extensive package of documents for the evidence base. And after that, anyway, carry out explanatory work among the residents and, in general, act according to the algorithm indicated above. If consent from other owners is not received, it will not be possible to refuse.
Documentary base
For the meeting of tenants, the following papers are prepared:
- meeting minutes form;
- evidence of bad faith of the Criminal Code - copies of appeals to higher authorities, complaints from owners, reports, duplicates of acts of inspections of the work of the office and other materials;
- a written application to the management company containing a notice of termination of the contract at the initiative of the tenants.
Completed meeting minutes and information mail for the Criminal Code are sent directly to the address of the latter. At the same time, it is extremely important to receive a mark on the acceptance of documentation, for which you should make copies of each paper and require them to be stamped with the date of registration.
Immediately before documenting the termination of the contract with the previous management organization, the owners must elect a new management company to transfer all powers to maintain the house to it. The agreement, its terms are also negotiated at the general meeting, and after that each owner receives a personal copy of the document.
However, property owners are also not prohibited from managing the apartment building itself in which they live. This option assumes that the tenants independently deal with all issues related to the repair and maintenance of their property. However, in this case, it will also be necessary to document such activities.
And there are 2 options here:
- If the number of apartments in the house does not exceed 30, the best option is property management with the choice of one responsible person. A power of attorney is drawn up for the latter, in accordance with which he exercises the powers assigned to him.
- If we are talking O apartment building it is allowed to create your own HOA and register it as non-profit organization. In this case, management is also selected, which acts in accordance with the Charter, drawn up with the consent of all owners.
Self-management of the house, of course, allows you to thoroughly control the process of repair and the provision of all kinds of services. This is due to the fact that the staff is hired directly by the residents, just as it is they who directly enter into contracts with resource-providing organizations and other authorities.
Terminating the contract with the management company is absolutely not prohibited by law. If the owners are not satisfied with the activities of the office, they have every right to refuse its services. True, the procedure will need to be carried out in accordance with all the rules, including the collection of evidence of the negligent work of the Criminal Code and the convening of a general meeting of residents of the house. But after that, the authority to maintain the property is transferred either to a competitor of the former managers, or directly into the hands of the owners, if the latter draw up an HOA or elect a representative responsible for conducting organizational activities.
housing code Russian Federation secures the right of the owners of residential real estate to independently choose a management organization. Apartment owners have the opportunity to refuse the services of an unscrupulous management company in favor of another organization. On the other hand, the management company may also refuse to manage an apartment building due to disagreements with residents. The procedure for withdrawing from the jurisdiction of the Criminal Code is regulated by Article 162 of the RF LC; no penalties are imposed for the transfer from one company to another.
Reasons for termination of the contract
You can refuse the services of a management company based on one of the following reasons:
- dissatisfaction with how the company manages the apartment building;
- charging too high fees for the provision of utilities;
- decision of the Criminal Code not to carry out overhaul housing, despite the collection of funds for its implementation;
- the presence of problems with heating, water supply, the condition of the roof, which the management company is silent or refuses to solve;
- employees of the company, which is obliged to conscientiously manage the entrusted housing, require payment for their services in excess of the established standards;
- slow and poor-quality performance of work to maintain real estate in a residential condition.
Termination of contractual obligations
The termination of the current contract with the company, which, on the basis of the concluded agreement, must manage the multi-storey building, takes place in accordance with the provisions of Article 162 of the Housing Code of the Russian Federation.
by the most the easy way, which allows prohibiting the management company to manage real estate, will wait for the expiration date of the current contract and, after its expiration, transfer the right to manage housing to another representative of the service sector. In this case, there will definitely not be a debate with the management company and you will not have to prove its insolvency in the housing and communal services sector.
Also, for residents there is an opportunity not to use the services of management companies at all and to manage their property on their own by creating a homeowners association. To organize your own management, you will need to organize an initiative group, raise the issue of creating an HOA at a general meeting of residents of an apartment building, after receiving approval by a majority of votes, you should contact the bank to open a personal account.
How to act
To cancel the management company, you must follow the step-by-step instructions:
- inform all owners of privatized apartments in writing about the planned general meeting of the residents of the house, the agenda must necessarily indicate the place, time, reason for convening the meeting;
- in the case of non-privatized apartments, an employee of the municipal authority must participate in the decision to change the company responsible for managing the house;
- put forward at the general meeting the issue of transferring management of the house to another organization that is able to successfully manage the property entrusted to it.
There is a significant likelihood that local authorities will organize an inspection of the work of the current Criminal Code with further drawing up of acts on the results of the inspection. 
Before choosing any organization, you should carefully weigh all the pros and cons, monitor service providers, and read positive and negative reviews about their competence and integrity. Special attention should be paid to negative characteristics, since on the basis of this information one can form an opinion about weaknesses companies from which the organization for real estate management is selected.
It is most convenient to opt for a list of two or three applicants and announce the list at a general meeting of apartment owners for a detailed discussion. The winner is determined by voting, after familiarizing the owners with the advantages and disadvantages of each organization.
If homeowners want to manage their property on their own, without the participation of a management company, then at a general meeting a decision can be made to organize an HOA, provided that the majority of interested persons voted for such a method of management.
It is the responsibility of the initiative group to explain the reasons why it is required to change the management of the house.
Arguments in favor of the need to abandon the current Criminal Code
The initiators of the general meeting are required to prepare in advance for questions about why a refusal to use the services of the Criminal Code is needed. On this stage it is necessary to work out in detail and clearly articulate the reasons why the residents of MKD refuse to maintain the management company's contractual obligations and demand to terminate the contract. It is possible to refuse the management company that serves the house based on the actual data:
- regular violation of the obligations assumed under the contract by the organization supplying housing and communal services;
- the organization refuses in good faith to do work to maintain the apartment building in a residential condition;
- if the management company does not provide reporting or distorts information;
- the contract is invalid due to the expiration date.
An example of the creation of an unfavorable situation by a management company is an obligation to make repairs to a building under its control, which was not fulfilled.
Papers with reports on the work performed and the amount of funds spent should be requested from representatives of the Criminal Code in the process of preparing for the general meeting of residents in order to create a justification base for leaving the jurisdiction of the organization that serves the residential building.
It is best to create a list and justifications under the auspices of an experienced lawyer, as his recommendations and advice will help to avoid delays that could delay the process of changing the leadership of the house.
What documents need to be collected
In order for the current contract to be removed from the list of terminated, a package of papers should be prepared in advance, which contains:
- invitations sent to the owners from the initiative group to hold a general meeting of residents of the MKD in a certain place, as well as at a specific time;
- an information letter sent to the management company with a notification of the fact of early termination of contractual obligations at the initiative of tenants, the right to which is confirmed by law;
- letters from residential property owners complaining about the inability of the management company to do its job satisfactorily;
- photocopies of appeals about the poor quality of the services provided, sent to the office of the management company, Rospotrebnadzor, housing inspection;
- the minutes of the general meeting drawn up on the basis of the results of the joint debate.
A copy of the last document is sent to the Criminal Code. It is important to get a mark on the acceptance of the transferred papers at the office of managers. To do this, you should make copies of each of the documents sent to the housing office, and if you directly transfer the papers to the representative of the management company, demand that you register the package received and put a mark on the receipt on the photocopies that remain with the members of the initiative group. 
Such actions will help protect homeowners from claims that tenants' claims are unfounded and they clean the Criminal Code only on a whim.
Upon receipt of materials notifying the service organization of a change in status for a particular building, the Criminal Code is obliged to prepare papers to be transferred to the organization that the apartment owners have empowered in the housing and communal services sector.
However, such compliance on the part of managers exists only in theory, but in practice, the Criminal Code is doing its best to prevent the contract from being broken. Therefore, there is a possibility that litigation will be required to resolve the conflict.
The management company abandoned the house
There are a number of reasons due to which the management company refuses to fulfill its obligations to maintain an apartment building in good condition:
- the service organization has begun bankruptcy proceedings;
- there is no license for the corresponding type of activity;
- apartment owners do not fulfill their financial obligations.
The law of the Russian Federation requires that all companies that manage residential real estate must undergo a licensing procedure. However, obtaining a license that allows you to take responsibility for the maintenance of housing is a slow process, which can take several years. Most of the Criminal Codes do not seek to inform their wards about the change in status associated with the lack of a license. That is, they continue to provide housing and communal services, regardless of its availability. Such actions on the part of managers are illegal. Therefore, when concluding a contract, special attention should be paid to the issue of a license.
If the organization responsible for providing the house is in a financial hole that does not allow it to improve the entrusted real estate, then the only way out for it is bankruptcy.
Also, the MC may terminate the service agreement due to homeowners who do not make payments according to the list of services provided or make excessively high or inadequate requirements for the maintenance of the house and the local area.
In all of the above situations, the management company has the right to terminate the service agreement unilaterally.
What should owners do if the house no longer has a management company? According to the current legislation of the Russian Federation, homeowners in an apartment building are required to decide within a month who will serve the house: a specific management company or a homeowners association. If tenants are unable to make their own choice, the administration will make it for them. The final rupture of cooperation between service organization and residents of the house occurs after 30 calendar days from the moment the owners are notified of the initiation of the Criminal Code, the termination of the contract unilaterally.
The legislation spells out the rules that talk about how to abandon the management company. These norms are enshrined in the Housing Code. A refusal can be written in the case when the owners are not satisfied with the quality of the service provided by the company, while it will be necessary to involve another management company. However, the decision this issue does not have an unambiguous solution, since it is imperative to follow the established rules.
Who can refuse
The termination of the existing contract with the management company is not associated with the occurrence of a certain kind of circumstances, that is, it is understood that it is enough that the owners of the premises are not satisfied with the services provided. In the event that more than 1 tenant refuses, the procedure for changing the management company will be simple. The process in question is regulated in article 162 of the housing legislation.
The right to terminate the contract with the management company belongs to the owner of the living space, that is, the process can be implemented if the apartment has been privatized. When the municipality or government agencies have ownership of housing, the decision will be entrusted to them. At the same time, one should not forget that tenants live in the apartment, who have the right to express their position on this issue.
The Housing Code talks about how to terminate the contract with the management company, that is, the owners can decide on their own to terminate the management contract and move to another company. In order to exit, it is not required to incur financial costs, in addition, the process is carried out quickly.
Withdrawal procedure
Important! The owner needs to use this procedure as a sample, then the procedure will be endowed with a legal status.
It must be said that one owner of the premises can also refuse the services provided by the company. As an example, he can move to another management company that provides quality services. If the contract is terminated in this way, then you need to stock up on patience and time, as the procedure will be lengthy. This is due to the need to collect documentation.
Another management company or the creation of an HOA
In order to move to another management company, you do not need to spend a lot of time and effort, the process is quite simple. A general meeting is also organized, and it decides whether a replacement of the company is required and where to go. Before you can create a collection, you must send notifications to all owners. Minutes must be taken during the discussion. The main goal is to reach a compromise on the issue under consideration. In order not to fall into the hands of scammers, you need to personally check all the information about the company where you will be transferring.
On the way to the created HOA lies a large number of completed forms, and collection of other documentation. A sample to fill out can be found on the Internet or by contacting a professional lawyer. It is worth noting that, sometimes, to create a partnership, all Required documents is prepared by the municipal authority, it will only be necessary to prepare the papers relating to the house in which the applicant lives. Keep in mind that to form a partnership you need:
- hold a general meeting;
- open a personal account, which will be separate.
After the documents are reviewed, a decision will be made. In this case, it is of great importance that as many votes as possible be given for the formation of the HOA in question. You can leave the HOA if an appropriate application is written.
In order to terminate the contract with one company and move to another, you need to collect a certain package of papers, it includes an agreement concluded with the Criminal Code, a decision made at a meeting, documented, residents must write a statement indicating that they refuse the provided service. In addition, papers will be required confirming that the person has ownership rights to the dwelling.
