The first includes:
- restoring the operation of faulty elevators;
- complete or partial replacement of water, heat, gas, electricity and sewerage systems;
- renovation of basements and attics;
- plastering walls, etc.
Even if these systems are geographically located at the entrance, work on their repair is paid from the Capital Repair Fund, formed in each region of the Russian Federation from contributions from home owners (Article 166 of the Housing Code of the Russian Federation). Major renovation of the entrance is carried out:
- simultaneously with the overhaul of the entire house, which is carried out according to the schedule drawn up by the district Administration;
- at the request of residents by force Management company.
In the first case, additional contributions from the owners will not be required - it is enough to pay receipts for major repairs on time.
A beautiful entrance is the face of the house
If the State Housing Inspectorate turns out to be powerless and the Criminal Code continues to resist, you have the right to file a statement of claim with the magistrates’ court, for the sake of caution, indicating in it a demand for compensation for moral damage. If the documents are drawn up correctly, you will definitely win the trial.
The management company will try not to bring the case to court, because if it loses, its license may be revoked and its accounts may be blocked. Hurray, we will have repairs. So, you won, and the management company agreed to make repairs at your entrance.
The next step is to draw up a defect sheet, in which try to list everything that needs to be done, even minor work, otherwise the construction team will not do them, since they are not on the sheet. Representatives from the management company and from the residents must sign the statement.
Then a Certificate of Commencement of Repair Work is drawn up and signed, which includes a work schedule.
How to force public utilities to repair the entrance (zhko, zhek, zheu, homeowners' association)
- 1 Who should do repairs at the entrance, where to contact
- 2 Frequency of repairs to entrances
- 2.1 Current repairs of the entrance apartment building according to standards
- 2.2 Redecoration of the entrance - what is included in it
- 2.3 Major renovation of the entrance
- 3 How much does it cost to repair an entrance?
- 4 How to achieve repairs at the entrance
- 5 We are writing a letter to the management company for the repair of the entrance
- 6 Letter to the roof repair management company
- 7 Sample application to the Housing Office for entrance repairs
- 8 Application to the Criminal Code for the repair of the entrance, sample
- 9 How to force the management company to make repairs
If the house is under the control of a management company, then, naturally, the management company (or HOA, housing cooperative) is the first authority to contact if the entrance needs repairs.
Repair of apartment building entrances: procedure and responsibility of management
The exact cost of repair work and finishing of entrances can only be calculated when drawing up a detailed estimate. How to achieve repairs at the entrance The first step towards urgently necessary repairs at the entrance there should be an appeal directly to the management organization.
The decision to send such an appeal is best made at a general meeting of residents, providing it with appropriate arguments. If for some reason the management company refuses to comply with its direct responsibilities for carrying out renovation work, you will have to contact higher authorities.
We are drawing up a letter to the management company for the repair of the entrance. So, the first priority action for receiving the services due to the residents of the entrance for the repair of premises is a letter to the management company with a requirement to carry out repairs.
How to achieve repairs in the entrance of an apartment building?
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There has been no cosmetic renovation of the entrance for 15 years. Do you need to write an application to tenants for repairs? How many years is it done? Maintenance? Are there any standards? Or maybe specific points of the resolutions? Collapse Victoria Dymova Support employee Pravoved.ru Try looking here:
- The entrance has not been redecorated for 26 years.
Is the management company obligated to make repairs? - Is it necessary to sign an estimate for the current repair of the apartment building entrance?
You can get an answer faster if you call the toll-free hotline for Moscow and the Moscow region: 8 499 705-84-25 Free lawyers on the line: 8 Answers from lawyers (3)
- All legal services in Moscow Dispute resolution Housing and communal services Moscow from 25,000 rubles. Licensing of management companies in Moscow from 40,000 rubles.
How many years does it take for the entrance to be renovated?
Where to contact? To put the entrance in order, residents at a general meeting must make a list necessary work, attach it to the application and submit documents to the Criminal Code. An approximate example of an application to the Criminal Code for the repair of railings at the entrance.
Attention
Repairing the entrance is the responsibility of the management company. The company is obliged to draw up a work schedule for the year, find funds (if the owners’ contributions are not enough) and repair the entrance. The work will be carried out in strict accordance with the list, so it must be carefully thought out.
Who will do it? Having received an application with a list attached, the management company begins to draw up an annual plan and develop an estimate, which includes the costs of purchasing construction materials and paying workers.
The Criminal Code may refer to this, calling on owners to clean up themselves after repairs. But cleaning by residents of places common use has nothing to do with cleaning after painting/whitewashing: the repair is considered completed after demonstrating the renovated clean entrance and signing the Acceptance Certificate by the residents.
Info
Management Companies repair only common areas. Staircases on floors, common corridors and vestibules must be maintained in order by residents.
Repairs on their own initiative In practice, management companies are often in no hurry to carry out repairs not only of those entrances that have not been repaired for five years, but also those in disrepair. Residents can get the work done in two ways: enter into litigation with the management company (usually this takes a lot of time) or organize the work themselves: do everything at their own expense or hire a construction team.
Law on cosmetic repairs at the entrance
Frequency of porch repairs Do you need help? Consult our lawyer for free! Laws in our country change very often! Get the latest information by phone! Just call from any region of Russia: Or contact our online consultant! According to the above-mentioned “Rules...”, management companies must ensure that repair work is carried out every five years, and if necessary, even more often. In the event of an emergency condition of the entrance equipment (windows, frames, staircases, steps and railings, walls, ceiling, window glass, etc.), residents have the right to demand that the management organization take measures to eliminate these problems.
When drawing up an appeal to the Criminal Code, you should take into account the difference between the concepts of “current”, “cosmetic” and “major” repairs: the differences between these types of repairs are indicated below.
The residents themselves will have to pay all the expenses, this is the disadvantage of this solution to the problem. You can get back some of the money spent after the repairs are completed. To do this you need:
- draw up a report on the condition of the front door before the start of work;
- make an estimate;
- purchase materials, keeping all receipts;
- carry out repairs;
- issue an Acceptance Certificate;
- write an application for reimbursement of expenses to the Housing Office, attaching all documents;
- go to court in case of refusal;
- provide evidence of the need for the work performed.
Most likely, it will not be possible to fully reimburse expenses, especially if you purchased expensive materials, the work was mostly aimed at improving security or improving the appearance of the front door (for example, tiles on the floor and walls, installing video cameras, etc.).
Then it will be extremely difficult to achieve additional work; you will have to start all over again. Then the Work Commencement Certificate is signed. However, as part of routine repairs, major repairs of certain elements or engineering systems.
It has already been mentioned that it is important to distinguish between these areas - routine repairs of the entrance and major repairs. So if work is required that does not fall under the category of regular entrance repairs, then they should be discussed separately.
Please note that, for example, work on replacing a cold water or hot water riser may be considered to be related to major repair work. This is of great importance, since you will already have to pay extra for this work.
Acceptance of work It is advisable to monitor the progress of work throughout the entire period.
They say that until they all pay off the debt, we will not do any repairs. The Criminal Code is disingenuous: no one took away her right to demand rent from debtors, including in court, and she should not shift her responsibilities for working with debtors to third parties.
If the management company refused you, or did not react in any way to your application, you need to write a complaint to the State Housing Inspectorate of the city or district about the inaction of your management company. The complaint must also be drawn up in two copies, registered and on the second copy put the incoming number, seal and signature of the inspectorate officer who accepted the complaint. If you sent your complaint electronically, you should receive an email response stating that your complaint has been accepted for consideration and a registration number. You should receive a response within 30 days.
Let's figure out how and at whose expense to update the front door of a residential building.
“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, repairs to entrances should 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 front door and vestibule, hatches of floor electrical panels, mailboxes;
partial restoration of the floor;
installation of handrails at the entrance, etc.
– 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 full list 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 needs to 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.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 seeking repairs to their entrances 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, along with this, 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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Photo: ok.ru/gazetavybiray
The editors of RBC-Real Estate found out how to achieve repairs at the entrance, what should be done as part of it, and how to ensure that high-quality work is carried out in the capital's entrances.
Summer is the traditional time to renovate entrances apartment buildings in Moscow. With the onset of autumn comes the time to accept completed improvements in residential buildings.
The plan target approved by the Department of Housing, Communal Services and Improvement of Moscow for 2013 includes the repair of 38,171 entrances. Address lists are duly agreed upon with the Moscow Housing Inspectorate.
It is worth noting that planned or routine repairs of entrances in Moscow are carried out in accordance with the requirements for the formation of an address list approved in the capital.
As the Moscow Housing Inspectorate explained to RBC-Real Estate, work is underway in Moscow to tidy up the entrances of apartment buildings. This work relates to the current repair of the housing stock, and operating standards determine the frequency of this repair once every five years.
If work has not been carried out for five years, residents can apply to the management company with a request for routine repairs at the entrance.
Since the repair of entrances is considered to be ongoing housing repairs, no one has the right to demand payment for it separately.
What needs to be repaired
As reported by the Moscow Housing Inspectorate, the repair of the entrance involves bringing it to a satisfactory technical condition all structural elements and engineering systems located in the entrance, including the repair of entrance groups and external parts of window blocks of staircases.
In the entrances, in addition to plastering and painting works repairs of floors and walls, repair and replacement of window units, installation of energy-saving lamps, etc. are carried out.
As such, there is no exhaustive list of maintenance work. For example, painting or whitewashing ceilings may not be required at the moment. The list of works is determined primarily by the residents of the house themselves and their elected representatives according to the minutes of the general meeting, and it depends on the technical condition of a particular structural element and engineering system.
The list of works is recorded in the defect sheet, which is signed by residents, the management company and the HOA, and is also approved by the head of the district government.
Address lists of entrance repairs are formed by the prefectures of administrative districts and agreed upon with the Moscow Housing Inspectorate. The management company and the homeowners' association are the direct executors of the work, and the coordination of the implementation of activities in the districts is carried out by the councils.
However, as part of routine repairs, major repairs of individual structural elements and engineering systems directly located in the entrances of the house may be carried out. All additional work to improve the entrance can be initiated by the residents themselves at a general meeting, contact their management company with a corresponding request and include the entire list of works in the defect list. At the same time, the management company will include the cost of additional improvements to the entrance in monthly payment receipts utilities.
If repairs do not begin, you need to complain to higher authorities. For the management company, this is the district administration and the housing inspection. Usually such actions force the management company to be more efficient, because no one wants to take the matter to court.
The main thing that residents of apartment buildings must understand is that all requirements for necessary repairs must be included in the defective list, otherwise they will not replace, for example, old broken lamps with new energy-saving ones, or they will not replace broken or burnt ones mailboxes for new ones.
How to properly accept repairs at the entrance
When accepting objects, the Moscow Housing Inspectorate pays Special attention quality of repair.
An analysis of the work of contracting and management companies showed that from the first presentation no more than 30-40% of the total volume of objects presented for acceptance was accepted. The remaining entrances were accepted only after the comments and violations identified during the inspection of the entrance by the Moscow Housing Inspectorate were eliminated.
Before starting work to put the entrance in order, management companies must open the facility for production with the execution of the corresponding act. At the same time, the Moscow Housing Inspectorate checks the presence of the minutes of the residents’ meeting, the work schedule, the defect sheet, the act of opening the work (transferring the facility to production) with the participation of residents and deputies of municipal assemblies.
Acceptance of work is carried out in accordance with the requirements for the repair of entrances to apartment buildings in 2013, approved by Resolution No. 18-21-2/3-3.1 of January 27, 2013.
The Moscow Housing Inspectorate exercises control by participating in the commission for acceptance of work. At the same time, the technical condition of the entrance and the quality of the work performed are directly checked, as well as the approved package of documents presented to the commission ( technical documentation, generated by the management company, certificates from the contractor about the readiness of the facility), the presence of acts for hidden work, acts of acceptance of work with the obligatory participation of residents and deputies of municipal assemblies. Following the completion of the acceptance certificate, a photographic record of the object’s condition is entered into the database.
It is worth noting that residents themselves need to monitor the quality of the work being carried out, as well as complain about poor-quality repairs to the management company or the relevant authorities. Otherwise, with your tacit consent and with your money, which you pay to the management company for the current repairs of the entrances, there will be broken windows, falling off tiles, non-closing garbage chutes and other troubles in the entrance.
What do residents complain about?
IN this year, according to the Moscow Housing Inspectorate, compared to the same period in 2012, a decrease in the level of citizens’ appeals was recorded by almost half. The topic of complaints currently received is directly related to the discomfort caused by repair work at the entrance.
Statistics of issues raised in appeals:
The smell of paint, construction debris from work, violation of repair deadlines - 65%;
Violations in the quality of work, repair technology - 30%;
Disagreement with the scope of repairs and demands overhaul (complete replacement windows, entrance doors, engineering equipment) - 5%.
One of the most painful issues for residents of apartment buildings is the condition of the entrance. Unfortunately, not all houses have HOAs (homeowners' associations). But where they exist, issues related to the repair of entrances are much easier to resolve.
There are several types of repairs at the entrance:
- cosmetic,
- capital.
Each of them can be current or unscheduled. Let's look at all these types in more detail.
Current repairs of the entrance
Routine repairs of the entrance are usually called those repairs that are carried out at a certain frequency. This is usually specified in regulations or local acts. That is, the current repair of the entrance is carried out according to a predetermined plan and time frame. Therefore, it can be called planned. Not all housing offices strictly carry out this work, therefore, if there is an HOA, it is much easier to control the timing of scheduled work.
According to the law, current (or planned) redecoration of entrances should be done at least once every 3-5 years. The charter documents of the HOA clearly define these terms in advance.
When performing cosmetic repairs, the following types of work are assumed:
- restoration of plaster in places where it has crumbled or cracked;
- sealing holes and cracks;
- updating the whitewash of the walls, sometimes re-pasting the wallpaper;
- painting railings and panels;
- glazing window frames in cases where there is no glass, replacing cracked and broken glass with new ones;
- painting window frames;
- painting elevator slopes;
- finishing and painting entrance and attic doors. Replacement doors as needed.
This is the main list of work for redecorating the entrance. It should be noted that it can be expanded if necessary.
Major repairs of the entrance are carried out according to regulations every 25 years. It includes the following types of work:
- replacement of waterproofing of the entrance vestibule and roof;
- insulation of interpanel joints;
- complete replacement of communications. These are drain pipes, sewer and water supply pipes, heating radiators, electrical wiring.
- renovation work on the technical floor;
- ventilation system repair;
- redecoration of the entrance;
- renovation of the facade of the house;
- home insulation work;
- repair and installation of roof railings and parapets;
- renovation work in the basement of the building.
This list can also be changed due to certain circumstances that affect the general condition of the house and entrances.
Unscheduled entrance repairs
Both major and cosmetic repairs can be unscheduled, in cases where they are required. The difference is that planned repairs are carried out in full, on all points, while unscheduled repairs can only cover part of the work and part of the house or entrance. It all depends on the reasons for such repairs.
The first step towards carrying out repairs at the entrance should be a thorough visual inspection. Then make a list of planned work. At a general house or entrance meeting, an estimate for repairs should be discussed. At the same time, each of the HOA members has the right to make their wishes and adjustments, both in terms of the estimate and the planned work. After the final approval of the estimate, it is necessary to conclude a contract for the provision of services with the team that will carry out the repairs. Next, you can begin purchasing building materials.
Before you start finishing works, you should make sure that the waterproofing of the entrance roof is reliable.
First, communications are replaced. Next comes the replacement of window frames or glass in them. If such work is necessary.
Before starting the actual cosmetic work, you should prepare the panels. Wash off old whitewash, clean old paint, seal all holes and cracks, restore the layer of plaster.
Cosmetic repairs in the entrances of houses become necessary after a long absence of proper care in the premises. Appearance ceases to please its owners. Peeling walls, floors, ceilings, garbage and the corresponding smell can appear after 50 years of operation of the home.
At whose expense is the cosmetic repair of the entrance being carried out?
All control over the repair of an apartment entrance must be carried out on the basis of an agreement between the residents of the house and the local housing and communal services. This type of repair is classified as planned, which means that the company is obliged to check the entrance for wear every five years.
But sometimes unscheduled repairs happen. The need for a standard inspection may be required much earlier than expected. In this case, it is important for the residents of the house to hold a general apartment meeting and write a collective statement to the Housing Office. A sample of filling out the document can be obtained from the Management Company or Housing Office. It is written free form
applications addressed to the head of housing and communal services departments. It is important to write about the timing of the last planned repairs and attach copies of all contributions to the capital account of the management company. Also, it is necessary to carefully write about all places of damage to the premises, and attach a photo for clarity.
According to the Housing Code of the Russian Federation, the head of the department must send a commission to the residents whose entrance needs to be inspected. If during the audit, employees of the Management Company revealed a satisfactory condition of the entrance to a residential building, then cosmetic repairs must be made. All costs must be covered by the Management Company from funds that were previously collected from the residents of the house. In receipts for utility bills, the item “Repair and maintenance of housing” is clearly stated, which should reflect current contributions. This amount accumulates in the management account and must be used for the current needs of the residents of the house.
- During the work the following must be carried out:
- Plastering, whitewashing and painting the ceiling and walls of the entrance
- Sealing cracks and crevices
- Painting the railings
- Replacement of outdated structures (doors, frames)
- Replacement of windows.
Porch repair
But depending on the damage, cosmetic repairs may progress to major ones. For example, replacing porch parts or worn-out elements of enclosing structures. Then it will be necessary to use the funds of the residents, which they deposited into the housing office account, for capital needs. If the housing department conscientiously monitors the condition of the houses reporting to it, then all work is carried out as planned, and an application to the Criminal Code is not required.
If, after filing an application, complete inaction continues, then more severe sanctions must be applied to the Management Company.
Residents should file a collective complaint with the management authority, the local housing inspectorate or the district administration. If this does not help, then you should file a lawsuit. The law office will help you write it correctly, or give you a sample document.
But court hearings take a lot of time, effort and money, and the entrance has been destroyed and remains so. As a result, the residents of the house are left with the same problems. In this case, you can act in another way. Many owners whose house was not included in the management company’s planned schedule decide to carry out all repair work at their own expense. If there was a desire, carrying out a cosmetic overhaul would be no more difficult than usual. If housing and communal services representatives meet the residents halfway, then the matter can be resolved quickly and peacefully. Then, housing office employees will provide the necessary estimates and calculations and provide the services of repairmen.
The financial part falls on the shoulders of the residents themselves. You will have to do all the purchasing of building materials yourself. Housing and communal services defines this cost as 6-7% of the total cost.
If the housing office is not in the mood to consider the residents’ request, then you should purchase materials, hire workers and carry out the improvement of your home yourself. But, during this period, it is important to make copies of all receipts and note all expenses. Having received the work acceptance certificate, you should contact the management company again, demanding reimbursement of the costs of major repairs.
If the housing and communal services refuse again, and after making sure that the Criminal Code is not going to do anything about it, go to court. To file a claim, you can use the same sample as in the first case.
