Who is responsible for repairing entrances?
Citizens often hear from management company employees that their responsibilities do not include repairing entrances. However, in accordance with Gosstroy Decree No. 170, it is the management companies that must monitor their condition . In accordance with the law, this condition must be included in the management agreement for apartment buildings.
In addition, the document must stipulate the frequency of repair work. In accordance with the Rules and Standards for the Operation of the Housing Stock, repairs to the entrances should be carried out at least once every 3-5 years. At the same time, there is no provision for charging residents separately for this type of work, since these costs are included in the column “Maintenance of the housing stock.”
In general, management company employees are required to perform the following work:
- painting walls, floors and ceilings;
- update window frames;
- replace glass;
- replace and repair lamps;
- update entrance doors;
- repair stair railings, etc.
To determine specific types of work, a general meeting of residents is held.
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“We haven’t had any repairs at our entrance for a long time.” I don’t even remember the last time it was held. The walls are all painted on, the drawers are old, half of them are narrower and the doors don’t close properly. We contacted the management company, but they never did the repairs for us, and that’s where everything stalled. How to force the management company to make cosmetic repairs to the entrance?
According to paragraph 3.2.9 of Gosstroy Resolution No. 170 “On approval of the Rules and Standards for the Technical Operation of the Housing Stock,” repairs to entrances must be carried out once every 3 to 5 years, depending on the classification of the building and physical wear and tear.
Cosmetic repairs of entrances are considered routine repairs. Usually it includes:
- painting (whitewashing) the ceiling and walls;
- replacement of glazing in windows and lamps;
- repair of the entrance door and vestibule, hatches of floor electrical panels, mailboxes;
- partial restoration of the floor;
- installation of handrails at the entrance, etc.
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At the same time, apartment owners should not contribute any additional funds: the management company must find money for repairs in an apartment building from the funds that residents pay monthly as a fee for the maintenance and repair of residential premises. However, according to the chairman of the council of the house on the street. Lenina, 20 Valeria Semenishcheva, residents at a general meeting can themselves decide to chip in money:
– The management company can charge residents an additional fee for repairs, but only if the owners of the premises make such a decision at a general meeting. The need for making such a decision is motivated by the management company by the fact that there is not enough money “at home” and it needs to be collected additionally. But if the time between repairs has expired, then, at the request of the residents, the management company is obliged to carry out repairs to the entrances, regardless of the availability of money, and only then it can present the cost of the work performed at the expense of the maintenance and repair of the house. At the same time, if the residents do not vote for an increase in maintenance fees, then the management company can “pull” money for these repairs from this article for a year, two, or even longer.
To carry out cosmetic repairs in the entrance, residents at the general meeting of owners must draw up a complete list of necessary work; you can also attach photographs of those areas of the house that require replacement or restoration. After this, you will need to draw up an application, which the head of the house will have to submit to the Criminal Code. A sample application can be found there.
There is no specific form for such a statement, but there are some requirements for its preparation. For example, it must indicate the date of the last scheduled repairs at the entrance and attach a compiled list of necessary work.
At the same time, Valery Semenishchev notes that it is also necessary to take into account the regulatory deadlines for repairs:
– If specific entrances have passed the standard repair deadlines, then a letter to the management company of any of the owners of premises in an apartment building with a request to carry out repairs of the entrance, since the period between repairs has expired, is sufficient. If the issue is not resolved, then it is necessary to write a complaint to the State Housing Inspectorate (GZHI), attaching a copy of the letter to the Criminal Code. For such violations, the Criminal Code can fine - and often fines - 250 thousand rubles.
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After submitting documents to the management company, the company is obliged to find the necessary funds, even if the owners’ contributions are not enough, and to repair the entrance. It is especially worth noting that the work will be carried out strictly in accordance with the list compiled by the residents, so it must be carefully thought out.
According to the same resolution of the State Construction Committee of the Russian Federation No. 170, cleaning after repairs is also the responsibility of the management company.
“At the same time, if the repair and the planned arrival of the cleaner do not coincide, the management company is still obliged to provide cleaning immediately after the completion of the repair,” emphasizes Valery Semenishchev.
The repair is considered complete after the renovated, clean entrance is handed over and the residents sign the acceptance certificate.
As for the timing of repair work, the responsibilities of the management company include carrying out repairs before the end of the repair period. If the decision on repairs is made by the general meeting of owners before the end of this period, then the residents must also additionally set deadlines for the completion of repair work.
“In this case, one should proceed from the reasonableness of determining such terms,” explains Valery Semenishchev. — For example, you can request an approximate execution time from specialized contractors.
However, there are also cases when residents have to literally spend years trying to get their entrances repaired and accept refusals from management companies, justified by the lack of money for routine repairs of the housing stock. Sometimes appeals to the State Housing Inspectorate (GZHI) and fines issued do not help. As Valery Semenishchev notes, this depends on the Criminal Code itself: some “managers”, receiving fines, still continue to be inactive. In such cases, there are no direct means of influence, but mass appeals from residents to the city administration and the media can help. Also, at the same time, you need to re-apply to the State Housing Inspectorate.
“If the State Housing Inspectorate delays with repeated fines, then you need to contact the regional prosecutor’s office with a complaint against the inspection itself,” explains Valery Semenishchev. — But the main advice here would be to change the management company. Also, when discussing the fate of the house with the new management company, even before voting, you need to discuss the issue of authorizing the new management company to represent the interests of the owners in terms of collecting funds for repairs from the previous “manager”, and then bring this issue to the general meeting. In this way, part of the money for repairs will be returned, and the loyalty of the new management company will increase, which will make it possible to make repairs to the entrances faster, better and cheaper.
Once again briefly about the main thing:
1. Repair of entrances should be carried out once every 3 - 5 years.
2. Money for repairs should be allocated by the management company from the funds collected monthly for the maintenance and repair of housing, unless the residents at the general meeting themselves decide to raise additional funds.
3. To carry out cosmetic repairs, it is necessary to draw up a list of works and submit an application to the management company.
4. If the regulatory deadlines for repairs have passed, then a letter from any of the owners of the premises to the apartment building with a request to carry out repairs is sufficient.
5. Cleaning the entrances during and after repairs is also entirely the responsibility of the management company.
6. If the management company does not repair the entrance even after the end of the regulatory deadlines, you should contact the State Housing Inspectorate.
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Direction of claim
In order to force the management company to fulfill its duties, you should send a written claim, having first studied the contract with it in order to find out the list of mandatory work at the entrance. After this, it is necessary to draw up a written application, which should set out the requirements for repairs and establish a time frame.
The document is drawn up in 2 copies. The residents' copy must bear the signature of the management company employee who accepted it. The application is written in free form.
The document can be signed even by one resident, however, in practice, as many owners of the common property of the apartment building as possible sign their autographs under it
Often the management company refuses to carry out repairs, most often citing insufficient funds due to debts for housing and communal services on the part of residents. This approach to the issue is illegal.
Lawyers recommend simultaneously with the Criminal Code, sending a complaint to the local government body, as this will increase the likelihood of receiving a response and create additional control over the activities of the Criminal Code.
If a refusal was received from the Criminal Code?
If the repair was never carried out or the management company refused to carry it out, you should file a complaint with the Housing Inspectorate - this body is authorized to monitor the activities of housing and communal services workers, including holding the management company employees accountable.
Submitting a complaint is possible both by e-mail and by post.
The application must contain information about:
- The problem that has arisen;
- References to the provisions of the agreement;
- The results of consideration of the claim in the Criminal Code;
- A request for an inspection of the work of the management company and an obligation to carry out repair work.
It would be useful to attach the following documents :
- A copy of the agreement with the management company;
- A copy of the application previously submitted to the Criminal Code;
- A copy of the written response of the management company to the tenants’ complaint;
- List of works compiled by the general meeting;
- Entrance inspection report (defective statement).
A response from the Housing Inspectorate should be expected within a month.
Evaluation of completed work
Once the renovation work begins, residents should constantly monitor the process.
It is necessary to record all stages of the repair. It is possible to use photography or draw up inspection reports. It is mandatory to require the drawing up of hidden work reports
After the renovation is completed, it will be necessary to create a selection committee consisting of representatives of the Housing Inspectorate, the contractor company, and employees of the management company. Deputies of municipal bodies may be invited as independent appraisers.
If the repair is made with defects, you should not accept the work and sign the report, since the request for the next repair may be made no earlier than in 3-5 years.
Evaluation of completed repairs
Once you have started repairs at the entrance, do not relax.
The beginning does not mean that the management company will do everything properly, so the initiative group must receive a work plan and check the progress of their implementation.
As life shows us, often only 40-50% of what is required and planned is actually carried out.
Therefore, all work carried out should be recorded during the process. You can photograph each stage or draw up inspection reports. Be sure to require the preparation of hidden work reports.
If a major replacement of any elements inside the entrance is carried out, it is worth recording this during the process, otherwise it will be impossible to evaluate the quality later.
Upon completion of the repair, its acceptance must be carried out, in accordance with Government Decree No. 18.21.2 dated January 27, 2013. The acceptance committee includes: representatives of the Housing Inspectorate, the contractor organization, representatives of the HOA, and deputies.
ATTENTION. If any of the planned points have not been completed, you should not accept the delivered object and sign the acceptance certificate.
The management company’s promise to eliminate deficiencies upon completion of the work will remain unfulfilled. If you accept repairs with “defects”, the next one can be requested only after 5 years.
Management companies are organizations that provide owners with services for the maintenance and management of their common property, so you should not put up with its poor quality work.
Now you know exactly how to obtain repairs at the entrance from the management company, so defend your legal rights and demand that all types of work required by law be completed, including timely repairs to the entrance.
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