Open competition for the selection of a management organization
The authorities initiate an open competition for the selection of management companies in the following cases:
- if the owners at the meeting did not decide on the company that will manage the house;
- if a decision was made, but it was not implemented;
- if the fees did not take place.
Within 3 days from the date of the owners’ meetings, local authorities appoint an open competition for the selection of management companies.
When a management organization is chosen by the owners, the winner is determined by voting. If a company does not receive 50% of the votes, it does not pass. When holding an open competition for the selection of management companies by the authorities, if the owners of apartment complexes refuse to participate in the competition, the management organization is appointed by local authorities.
When organizing an open competition for the selection of management companies, more than 2/3 of the total number of owners must be present. Voting by door-to-door collection of signatures is unacceptable.
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What documents will be required?
Refusal to cooperate with homeowners leads to a lot of paperwork. Here are the main acts that must be drawn up by the Criminal Code and sent to the owners and to various authorities:
- Appeal to the owners. It must contain the grounds for a justified refusal, supported by legislative acts, as well as descriptions of the date when the authority to act of the management company ends.
- An act of appeal to the housing inspectorate describing the grounds for termination of the contract with the owners.
- Contacting the local administration with justification for breaking the contract with the owners.
- Preparation of documentation on the last months of operation of the management company, which is provided to the owners.
- Extracts on the status of personal accounts of an apartment building for transfer to the owners.
- Report on the latest expenses of the management company.
- Minutes of meetings, election of a management company, cooperation agreements with contractors for transfer to the owners.
- Description of the state of common property at the time of termination of the contract for transfer to the owners.
Attention! If the residents of the apartment building do not have any questions or complaints about the state of the documents, and they also accept the refusal to cooperate without going to court, the contract can be considered terminated.
Selection of a new management company by homeowners
The owners of the premises and local authorities have the right to initiate an open competition for the selection of management companies. The subject of such a competition is the right to manage a house and property for collective use, as well as the right to manage money, while providing a report to the owners.
If data on a house is excluded from the state register, within 15 days local authorities convene meetings of the owners of the house, where the issue of choosing a new management company is resolved (Part 4 of Article 200 of the Housing Code).
This is a kind of open competition for the selection of management companies, for which business entities that have the appropriate license submit their candidacies. It is important that the owners are made aware in advance of the company’s intention to act as a management organization.
Reasons and their formulation
If the management company does not have sufficient work experience, but there is dissatisfaction with cooperation with the owners of an apartment building and, as it seems to the organization’s employees, there are reasons for breaking the legal relationship, you need to make sure of this.
There are two ways to make sure that the management company has sufficient grounds to terminate the contract unilaterally:
- Contact a housing lawyer who will evaluate the situation and explain whether your reason fits the wording of the law.
- Familiarize yourself with the judicial practice in similar cases - having studied what grounds led to the breakdown of relations, and what decision the court made in the cases, you will be able to simulate your situation in a future court hearing and understand how well it fits the wording of the Civil and Housing Codes.
In most cases in which the management company wins, the wording for severing legal relations with the owners sounds like this:
- large debt of owners for utilities;
- debt of residents for payments for the maintenance of the house and common property;
- the owners of the premises prevent the employees of the management company from doing their job of preserving the common property;
- homeowners require the management company to take actions that are not included in the clauses specified in the contract;
- homeowners violate the terms of the contract and behave incorrectly.
The management company must also submit an annual report, because it is responsible to the owners. On the site you can also read articles about:
- registration in the GIS housing and communal services;
- transfer of the house from the developer to the management company;
- provision and disclosure of information;
- who checks the activities of the management company.
