Conducting a competition for the right to manage an apartment building. Managing organizations, legal framework, selection competition

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT ORDER

CONDUCTED BY THE LOCAL AUTHORITY

List of changing documents

(as amended by Resolutions of the Government of the Russian Federation dated July 18, 2007 N 453,

1. General provisions

1. These Rules establish the procedure for organizing and conducting an open competition by a local government body to select a management organization to manage an apartment building.
2. For the purposes of these Rules, the terms used mean the following:

“competition” is a form of bidding, the winner of which is the participant in the competition who has offered, for the amount of payment for the maintenance and repair of residential premises indicated by the organizer of the competition in the competition documentation, to perform the largest amount of work and services for the maintenance and repair of the common property of the owners of the premises within a specified period of time. an apartment building, for the right to manage which a competition is being held;

2) bank account details for transferring funds as security for an application for participation in the competition;

3) the procedure for conducting inspections by interested parties and applicants of the competition object and the schedule for such inspections, ensuring compliance with the requirements provided for by these Rules;

4) a list of mandatory works and services established by the competition organizer depending on the level of improvement, design and technical parameters of the apartment building, including requirements for the volume, quality, frequency of each of such works and services, formed from the number of works and services specified in the minimum list services and works necessary to ensure proper maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of April 3, 2013 N 290, in accordance with the form. In this case, the organizer of the competition, in accordance with the list of mandatory works and services, independently determines the estimated cost of each of compulsory works and services;

If a competition participant who made a previous offer for the highest cost of additional work and services is recognized as having evaded concluding an agreement for the management of an apartment building, the competition organizer has the right to apply to the court with a demand to compel this participant to conclude such an agreement, as well as for compensation for losses caused by evasion conclusion of the contract.

If the only participant in the competition is found to have evaded concluding an agreement for the management of an apartment building, the organizer of the competition has the right to go to court with a demand to compel him to conclude such an agreement, as well as for compensation for losses caused by evasion from concluding the agreement.

1. In case of avoidance of concluding a management agreement for an apartment building, the funds contributed as security for the application for participation in the competition will not be returned.
2. The funds contributed as security for an application for participation in the competition are returned to the winner of the competition and the participant in the competition who made the previous offer at the highest cost of additional work and services, within 5 working days from the date of submission to the competition organizer of a draft agreement for the management of an apartment building signed by the competition winner and ensuring the fulfillment of obligations.

Appendix No. 1

self-government open competition for

selection of a management organization for

apartment building management

I approve

(position, full name of the head

_______________________________________

local government authority,

_______________________________________

being the organizer of the competition,

_______________________________________

postal code and address, telephone,

_______________________________________

fax, email address)

"__" ______________________ 200_

(date of approval)

on the condition of the common property of the owners

premises in an apartment building,

which is the object of the competition

1. General information about the apartment building

1. Address of the apartment building _______________________________
2. Cadastral number of an apartment building (if available) _

1. Series, type of construction _____________________________________________
2. Year of construction _____________________________________________
3. Degree of wear according to state technical data

accounting ____________________________________________________________

__________________________________________________________________

1. Degree of actual wear ______________________________
2. Year of last major overhaul _______________________
3. Details of the legal act on the recognition of an apartment building

emergency and subject to demolition _____________________________________

1. Number of floors _________________________________________
2. Availability of basement ________________________________________________
3. Availability of a ground floor _________________________________
4. Availability of attic ________________________________________
5. Availability of mezzanine ________________________________________
6. Number of apartments ________________________________________________
7. Number of non-residential premises that are not part of the general

property __________________________________________________________

1. Details of the legal act on the recognition of all residential premises

in an apartment building unsuitable for living _______________

__________________________________________________________________

1. List of residential premises recognized as unsuitable for

residence (indicating the details of legal acts on recognition

residential premises unsuitable for habitation) _____________________

1. Construction volume ______________________________ cubic meters m
2. Square:

a) an apartment building with loggias, balconies, closets,

corridors and staircases ________________________ sq. m

b) residential premises (total area of ​​apartments) _____________ sq. m

c) non-residential premises (total area of ​​non-residential premises, not

included in the common property in an apartment building)

Sq. m

d) common areas (total area of ​​non-residential

premises included in the common property in an apartment building

house) ___________________ sq. m

1. Number of stairs ___________________________________ pcs.
2. Cleaning area of ​​stairs (including inter-apartment

landings) ___________________________________ sq. m

1. Cleaning area of ​​common corridors __________________ sq. m
2. Cleaning area of ​​other common areas

(including technical floors, attics, technical basements) ________

Sq. m

1. The area of ​​the land plot included in the total

property of an apartment building ___________________________________

1. Cadastral number of the land plot (if available)

__________________________________________________________________

1. Technical condition of the apartment building,

including extensions

__________________________________________________________________

(position, full name of the head of the local government body,

__________________________________________________________________

authorized to establish the technical condition

__________________________________________________________________

apartment building that is the object of the competition)

_____________ ______________________

(signature) (full name)

"__" _____________ 200_

Appendix No. 2

to the Rules for conducting local

self-government open competition for

selection of a management organization for

apartment building management

List of changing documents

holding an open competition by a local government body for

selection of a management organization to manage an apartment building

home, if federal law establishes requirements for

persons performing work, providing services,

provided for in the management agreement for an apartment building:

__________________________________________________________________

_________________________________________________________________;

5) approved balance sheet for the last year:

__________________________________________________________________

(name and details of documents, number of sheets)

__________________________________________________________________

__________________________________________________________________

(position, full name of the head of the organization

_________________ ____________________________________

(signature) (full name)

"__" _____________ 200_

Appendix No. 5

to the Rules for conducting local

self-government open competition for

selection of a management organization for

apartment building management

RECEIPT

on receipt of an application for participation in the selection competition

management organization for management

apartment building

This receipt has been issued to the applicant ____________________________

__________________________________________________________________

(name of organization or

Full name. individual entrepreneur)

__________________________________________________________________

of this protocol: _____________________________________________________

(in numbers and words)

1. List of additional works and services proposed

winner of the competition:

__________________________________________________________________

__________________________________________________________________

1. The bidder who made the previous offer

the highest cost of additional work and services, recognized

competition participant

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

_________________________________________________________________.

(name of organization or full name of individual

entrepreneur)

1. Previous offer highest value additional

works and services made by the competition participant specified in paragraph

Of this protocol: __________________________________________

__________________________________________________________________

Rubles.

(in numbers and words)

This protocol is drawn up in triplicate on ___ sheets.

Chairman of the competition committee:

___________________ ______________________

(signature) (full name)

Members of the commission:

____________________ _____________________

____________________ _____________________

____________________ _____________________

____________________ _____________________

____________________ _____________________

____________________ _____________________

(signature) (full name)

"__" _____________ 200_

Winner of competition:

__________________________________________________________________

or full name individual entrepreneur)

____________________ _____________________

(signature) (full name)

The bidder who made the previous highest bid

cost of additional work and services:

__________________________________________________________________

(position, full name of the head of the organization

or full name individual entrepreneur)

____________________ _____________________

(signature) (full name)

The document, introduced by the Ministry of Construction and Housing and Communal Services of Russia, will eliminate the abuse of competition participants by unreasonably inflating the cost of the proposed additional work and services.

The criterion for determining the winner of an open competition for the selection of a management organization to manage an apartment building is the total cost of additional work and services declared by the competition participant. Arbitrary determination of this value at the discretion of the competition participants leads to abuse. In connection with this signed resolution, the local government body is vested with the authority to determine, as part of the tender documentation, the list and cost of additional work and services for the maintenance and repair of the common property of the owners of premises in an apartment building. This will eliminate gaps in the legislation and eliminate abuse by competition participants by unreasonably inflating the cost of proposed additional work and services, as explained on the website of the Russian government.

The competition documentation approved by the organizer of the competition for the selection of a management organization to manage an apartment building must include a list of additional works and services for the maintenance and repair of the competition object.

According to the amendments made to the Rules for holding an open competition by a local government body for the selection of a management organization to manage an apartment building, approved by Decree of the Government of the Russian Federation of February 6, 2006 N 75, the competition documentation approved by the organizer of the competition must include, among other things, a list additional work and services for the maintenance and repair of the competition facility, including requirements for the volume, quality and frequency of each additional work and service.

The specified list is determined by the organizer of the competition in accordance with the requirements of the legislation of the Russian Federation, including in the field of ensuring the sanitary and epidemiological well-being of the population, technical regulation, fire safety, consumer protection, including requirements for the maintenance of common property in an apartment building, determined by the Rules for the maintenance of common property in apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491, and other regulatory legal acts of the Russian Federation, depending on the level of improvement, structural, technical and other parameters of the apartment building, degree of wear, number of floors, availability of elevators and other mechanical, electrical, sanitary and other equipment. In this case, the competition organizer independently determines the estimated cost of each additional work and service.

If the total cost of additional works and services determined by the competition participant (when combining several competition objects into one lot - the summed cost of all competition objects included in the lot) exceeds the cost of additional works and services offered by other competition participants, such competition participant is recognized as the winner competition.

Changes are being made to the rules for holding an open competition by a local government body to select a management organization to manage an apartment building.

1. Paragraph 38 shall be supplemented with subparagraph 4(1) with the following content:
"4(1) the name of additional works and services for the maintenance and repair of the competition object, the list of which is established in accordance with subparagraph 4(1) of paragraph 41 of these Rules;".
2. Paragraph 41 shall be supplemented with subparagraph 4(1) with the following content:
"4(1) a list of additional works and services for the maintenance and repair of the competition object (hereinafter referred to as additional works and services), including requirements for the volume, quality and frequency of each additional work and service. The specified list is determined by the competition organizer in accordance with the requirements of the legislation of the Russian Federation Federation, including in the field of ensuring the sanitary and epidemiological well-being of the population, technical regulation, fire safety, consumer protection, including requirements for the maintenance of common property in an apartment building, determined by the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation dated 13 August 2006 N 491 “On approval of the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of payment for the maintenance and repair of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or ) with interruptions exceeding the established duration" and other regulatory legal acts of the Russian Federation, depending on the level of improvement, structural, technical and other parameters of the apartment building, the degree of wear, number of floors, the presence of elevators and other mechanical, electrical, sanitary and other equipment . In this case, the competition organizer independently determines the estimated cost of each additional work and service;".
3. In paragraph one of paragraph 76, the words “subparagraph 5” should be replaced with the words “subparagraph 4(1)”.
4. Paragraph 78 should be stated as follows:
"78. If the total cost of additional works and services determined by a competition participant (when combining several competition objects into one lot - the summed cost of all competition objects included in the lot) exceeds the cost of additional works and services offered by other competition participants, such participant of the competition is recognized as the winner of the competition."
5. Clause 79 is declared invalid.

The need, procedure and timing of an open competition to select a management company to manage apartment buildings are regulated by Decree of the Government of the Russian Federation dated 02/06/2006 No. 75. Let's talk about the rules and procedure of the competition.

General provisions

The basis for holding an open competition is Art. 162 Housing Code of the Russian Federation. It should be remembered that the owners of premises in an apartment building have the right to hold a meeting to choose a method of managing their home before and during an open competition until the winner is announced.

A participant in the competition can be an individual entrepreneur or a legal entity. The subject of the competition is the right to conclude MKD management agreement. The object of the auction is the cost of mandatory and additional work on the maintenance and repair of common property in the apartment building.

The winner of the open competition will be the management company that, for the fee specified by the organizer, offers the largest amount of work on the maintenance and repair of common property in the apartment building.

It should be noted here that according to the latest changes in the Rules for conducting an open competition for the selection of management companies, enshrined in the Decree of the Government of the Russian Federation dated March 4, 2015 No. 191, the tender documentation must contain a list of additional works and services for maintenance and repair with requirements for volumes, quality and frequency of their implementation. The competition organizer independently determines the estimated cost of each additional work and service.

Grounds for holding an open competition

An open competition to select a management company to manage apartment buildings is held if:

• owners of premises in an apartment building did not choose a method of managing their home due to the fact that:

1. There was no meeting of residents on this issue.
2. The meeting was held and the residents' decision was made, but not implemented.
3. After 2 months from the date of entry into legal force of the court decision to declare the residents’ meeting invalid, a second meeting was not held or was held, but the decision was not made.

• The residents’ decision on how to manage the apartment building was not implemented due to the fact that:

1. The majority of apartment building residents did not enter into agreements under Art. 164 Housing Code of the Russian Federation.
2. The residents did not send to the relevant authority the documents required for state registration of a special consumer cooperative.
3. No management agreements have been concluded under Art. 162 Housing Code of the Russian Federation.
4. A new apartment building was built and permission to put it into operation was issued.

Procedure for holding an open competition

If an open competition is held in relation to a new building, then, in accordance with Part 13 of Art. 161 of the Housing Code of the Russian Federation, within 20 days from the date of issuance of permission to put it into operation, the local government body publishes information about its implementation on the official website. Within 40 days from the date of notification of the auction, the organizer holds a competition.

Within 10 days from the date of the open competition, the local government body notifies all residents of its results and the terms of the apartment management agreement. Residents must enter into this agreement with the selected management company. The management agreement is concluded individually with each tenant. The owners of the premises are a party to the concluded agreement if they make up more than 50% of the total number of residents of the apartment building.

Also, an open competition for the selection of a management company is held if the previous management company’s license was revoked by a court decision based on consideration of the application of the State Housing Authority. According to Part 4 of Art. 200 of the Housing Code, within 15 days from the date of receipt of the notification from the State Housing Authority about the revocation of the license, the local government body convenes a meeting of apartment building residents to decide on the choice of management method. If a decision is not made at the general meeting, or it is not held, or a quorum is not reached, then an open competition is held.

Organization of an open competition

The organizer of an open competition, 5 working days before informing about its holding, must determine the composition and work procedure of the competition commission, create it and appoint a chairman, as well as approve the protocol. The competition organizer can simultaneously create several permanent commissions, which are given powers for a period of 2 years.

The notice of the competition contains:

• basis with reference to regulatory legal acts;
• name and details of the organizer;
• characteristics of the competition object;
• list of mandatory and additional works and services for maintenance and repair;
• the amount of payment for the maintenance and repair of common property;
• list of utilities provided by the management company;
• official website address;
• deadline, place and procedure for submitting tender documentation and applications for participation;
• place, date and time of consideration of applications and opening of envelopes with applications;
• place, date and time of the competition;
• the amount of security for an application for participation in the competition.

No later than 25 days before the opening of envelopes with applications from participants, the organizer of the open competition must notify the date of its holding:

• all owners and tenants of premises in the apartment building;
• all those who accepted premises from the developer after issuing permission to put the apartment building into operation under a transfer deed or other transfer document.

In order to become a participant in an open competition, you need to submit an application using the form. The application submission period is 25 days. Acceptance of applications stops immediately before the opening of envelopes.

The application for participation in the competition contains:

• information and documents about the participant:

1. Name, organizational and legal form, legal and postal address, extract from the Unified State Register of Legal Entities - for a legal entity.
2. Full name, passport details, place of registration, extract from the Unified State Register of Individual Entrepreneurs - for individual entrepreneurs.

• phone number;
• a document confirming the participant’s competence to carry out actions on behalf of a legal entity or individual entrepreneur;
• bank account details;
• documents (certified copies) confirming the participant’s compliance with the established competition requirements:

1. On depositing funds as security for an application for participation in the competition.
2. On the participant’s compliance with the requirement established by paragraph. 1 clause 15 of these Rules.
3. Balance sheet for the last reporting period.

• bank account details for payment by owners and tenants of premises in the apartment building for the maintenance and repair of common property and public utilities.

Concluding a management agreement for an apartment building

The winner of the open competition, within 10 working days from the date of approval of the competition protocol, provides the organizer with a signed draft agreement for the management of the apartment building. And within 20 days from the same moment, he must transfer the draft apartment management agreement signed by him to the residents for signing the specified documents on their part. If the winner does not implement this algorithm of actions within the specified period, then he will be considered as having evaded concluding a contract for the management of the apartment building.

In this case, the chance to become the winner is given to another participant in the competition with the largest volume of services provided after the winner for the maintenance and repair of the common property of the apartment building for a fee set by the organizer. If this participant fails to provide a signed management agreement within the specified period of time, then the organizer has the right through the court to force him to fulfill his obligations. If the winner is the only participant in the competition, then if he evades his direct duties, the organizer has the right through the court to force him to conclude MKD management agreement or, otherwise, recover damages from him.

Initially, the issue of home ownership management is dealt with by the developer.

He receives permission to put the house into operation, then within 5 days from this moment he, at his own discretion, chooses a management company with which for 3 months.

At the same time, the local government, within 20 days from the moment the apartment building is put into operation, notifies that the house is being put up for an open competition to select a management company. Within 40 days from notification of the event, the local government body must hold this competition and inform all shareholders about its results within 10 days from the date of its completion.

Management activities are assigned to the company or by the local government, since not all apartments are occupied and there are few owners to vote for the management company.

Grounds for holding the competition

The first basis for holding an election competition is the delivery of an apartment building for direct use or operation.

When the construction stage is completed, and the owners have received their documents and the long-awaited keys, the law allots a certain period for the residents to choose a management method.

The second basis arises due to failure to fulfill the will of the legislator. If, within the allotted period of one month, the residents do not choose a management method, the local administration takes control of this issue and helps residents decide on a management method.

If the owners refused the services of one management company, they will need a new organization that services the common property. Thus, a change in the organization for managing an apartment building can also be considered grounds.

Reference! The law provides for situations where she breaks the contract. In this situation, it is also necessary to select a new management company for the apartment building.

Competition rules

Regulatory acts

If representatives of the local government body are present at the meeting and competition, then a large role in regulating the holding of an event is given to local regulations. Each municipality has its own, but they do not contradict the basic law.

To familiarize yourself with the acts of your particular municipality, you should go to the website of the city administration.

In addition, when holding a competition, it is important to be guided by the articles of the Housing Code, as it says. The rules for holding a competition for the selection of a management company, adopted by Government Decree No. 75 of February 6, 2006, are the main source in accordance with which the entire procedure takes place. Read in advance all the nuances specified in this act.

In recent years, the legislative system of our country has been reformed more and more often, and the Housing Code has not been spared innovations. Some articles reveal themselves more fully in Federal Law No. 38 of April 5, 2013. The act talks about the changes that have been made to the Housing Code, and also provides some comments on the articles.

Participants

The participants in the competition are, on the one hand, voters, that is, residents of the house and the local government body (SRO), and on the other hand, an applicant or applicants for mandatory management of the entire house.

The number of applicants is not limited, the main thing is to familiarize residents in advance with your participation in the auction.

Subject of the competition

The subject of the competition is the right to manage the house and common property, which will be expressed in the conclusion of an agreement between the parties for a limited or unlimited period.

The subject may also include funds that the management company will manage by providing reporting to residents.

Subject of the auction

The subject of bargaining is payment for the activities of the management company, as well as its capabilities in property management. So, if one management company has valued its services and work at a certain amount, another may lower the bar and thus be more interesting to the owners.

Reference: During the bidding, management companies introduce owners to the results of their work in other areas, talk about possible prospects for cooperation and the program of action for the first time.

How is the winner determined?

If the initiators of the competition are the owners of an apartment building, then the winner is determined by voting.

The competition can be:

In both cases, the results obtained are summarized and a management company is appointed. But there is one “but”.

If the sum of votes cast for the winner still does not reach the fifty percent mark, the company with the most votes does not pass the competition. Unanimity of owners is required, which manifests itself in voting, where more than half of all votes are cast for one candidate.

All or more than two thirds of all owners must be present during the competitive selection. If 2/3 of all residents of the house are absent, the competition cannot be considered objective and the management company cannot be elected.

If the initiator of the competition is a local government body, it itself appoints the management committee or adds its vote to the votes of residents.

Selection deadlines

The management company must be elected within a month from the moment the house is put into operation. If this does not happen, the self-government body has the right to help residents make their choice for another month. Thus, The entire procedure for appointing a management company should not take more than two months.

Who has the right to initiate a tender?

Only the following can initiate a competition to select a management company for an apartment building under the current Housing Code:

1. Residents who choose a management company immediately after the completion of a new building.
2. Local government - within a month the administration must receive information about the organization servicing the house. If this does not happen, the local government independently initiates the election of a management company through a competition.

Herself The management company does not have the right to call residents to meetings, arrange meetings and meetings.

How to choose a management company for an apartment building?

Homeowners need to be critical when choosing a management company so that the organization suits all owners.

All residents of the apartment building must be notified in advance about the choice., the most suitable for this is an evening walk-through of apartments (when all residents return from work) or information by phone/SMS/announcement at the entrance to the house.

Application for participation

Applications for participation are submitted on behalf of management companies. They must indicate the name of the management company, the responsible person, the program under which the cooperation should take place, conditions and contact information. You can accept an unlimited number of applications.

Notice

The notice of a competition to select a management organization must comply with a number of rules, and first of all, be available to every owner.

Here main ways to notify owners:

• personal notification to each owner by visiting the property;
• publication of information about the meeting in local media;
• publication on the website of a local government body;
• notification by invitation to the mailbox;
• placing information on stands at each entrance;
• calling each of the owners.

Voting procedure when choosing a management company

The first step is for the owners to familiarize themselves with all the applicants for the position of management company before voting begins.

For this The time and date of the meeting are determined, and the information is posted on a common stand, where all owners have access. It is also possible to personally invite each owner to the meeting.

All management companies, without exception, can introduce the terms of their cooperation to owners through personal communication, distributing leaflets, and publishing articles on Internet resources.

On the day of the competitive selection, representatives of management companies, as well as most of the residents of the house, must appear. Representatives of organizations once again familiarize residents with their conditions, proposing certain clauses in the contract. Next, voting begins, which can be either open or closed.

If the initiator of an open competition for the selection of a management organization is a municipal body, then information about the meeting should also be conveyed to the owners, but the presence of representatives of local government bodies will also be required at the meeting.

Important! In the absence of unanimity in the vote, it is the representative of the local government who appoints the management committee.

Opening envelopes and reviewing applications

Applications are reviewed carefully and discussed directly at the meeting. From these, a list of the most worthy and trustworthy candidates is formed, from which the winner is selected.

The moment of opening the envelopes with applications is recorded in the minutes of the meeting. Owners can ask questions of representatives in an attempt to obtain the most complete information.

Conducting the competition and summing up its results

A competition to select a management organization for an apartment building is held immediately at the meeting, after all candidates have been presented.

When all votes are recorded in the protocol, the result is announced. If the voting took place in the format of ballots, the papers are not thrown away, but remain in order, if necessary, to confirm the legality of the victory of a particular management company.

When the winner is announced, the prospects for the future contract are discussed with him, a document is drawn up and signed. The remaining candidates who do not receive the required votes leave the meeting.

Sample minutes of the general meeting

Examples of drawing up minutes of a general meeting to select a management company are presented below.

How does the administration choose a management company?

Reference: if the residents did not independently elect a management company within the specified period (one month), then the selection and appointment of a manager is the responsibility of the district administration.

In this case, specialists appoint a competition among management companies (both parties are required to be notified of the competition - the owners of the apartment building and all management organizations that may participate in it).

Actions of the administration in this process:

The developer can enter into a building management agreement with the management company no later than five days after the apartment building is put into operation. Residents of the house have the right to leave the same company within a month after putting the house into operation.

Concluding a management agreement for an apartment building

The final stage of the competition is. As a rule, it is drawn up in the presence of representatives of the owners and management company.

Once again, all the details, the duration of interaction, and possible reasons for termination of the contract are discussed. After this, the agreement is certified by a notary and signed by the parties.

The agreement is signed in two copies— one will be kept by the management company, the other by the owner’s representative.

Residents can specify their wishes for property management, but be sure to coordinate this with a representative of the organization. As soon as the agreement is signed, the management company can begin its direct responsibilities.

What types of violations are there?

Violations of the selection of the management company are associated with the election process itself:

Any violation of the selection process not only entails dissatisfaction among residents of the selected management company, but also jeopardizes the financial side of cooperation.

To appeal detected violations, apartment owners do the following::

1. statement of discovery of a violation;
2. collect signatures from residents indicating consent and participation in the accusatory process;
3. collect the necessary evidence. This could be video recording of the voting process, ballots, irregularities in the work of the management company, etc.

Persons who discover violations must contact the prosecutor's office or the district court.

The competition for selecting a management organization for an apartment building is not as complicated as it might seem at first glance. Remember your rights as an owner, and then no one will be able to infringe on them.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

Every apartment building is necessarily controlled by someone. Of course, residents need the support of the management company to maintain common property in proper condition. Let's consider how such an organization is selected. How is the competition for management of apartment buildings carried out, and what happens in the future.

On what grounds is a competition for management of apartment buildings held?

An open competition for the appointment of a management company (hereinafter referred to as the management company) for the administration of apartment buildings in terms of its relevance, rules and timing is regulated Decree of the Government of the Russian Federation No. 75, approved on 02/06/2006. Let's talk about the procedure and progress of this event.

At the legislative level basis for holding a competition is Article 162 of the Housing Code of the Russian Federation. We should not forget that apartment owners in apartment buildings have the right to choose the type of management of their high-rise building by general voting, both before the competition and during this procedure before the winner is announced.

Legal entities and individual entrepreneurs can be invited to participate in the competition for the management of apartment buildings. Its purpose is to obtain the rights to sign a house management agreement. The subject of the auction is the cost of all types of work on repairs and maintenance of the common property of the high-rise building.

In an open competition, the winner is the company that, given the amount of budget limited by the organizer, will offer the maximum list of works for servicing the general real estate of an apartment building.

It should be noted that according to the latest amendments made to the procedure for holding an open event for the election of a management company by Government Decree No. 191 dated March 4, 2015, the tender documentation must include a list of additional repair and maintenance work (services) with the conditions for the quality and scale of their implementation. The competition organizer calculates the cost of each of them independently.

The grounds for holding a competition for management of apartment buildings are the following situations:

1. The owners of premises in an apartment building have not chosen a method for managing this building, besides:

• there was no general meeting of apartment owners in the high-rise building to choose a method of managing this building or a decision on this issue could not be made;
• within two months from the date of entry into force of the court decision to recognize the general meeting of owners of premises in the apartment building on the choice of management method as invalid, a repeated meeting of residents was not held or a decision on this issue could not be made.

2. The decision made by the owners of premises in an apartment building to choose a method of managing the house was not implemented, including the following circumstances:

• the majority of apartment owners in a high-rise building have not drawn up contracts in accordance with Article 164 of the Housing Code of the Russian Federation;
• the owners of premises in the apartment building have not provided documents on the official registration of the HOA (cooperative) to the tax service;
• contracts for the management of the high-rise building have not been drawn up in accordance with Article 162 of the RF Housing Code.

3. Before the expiration of the management agreement for an apartment building, concluded based on the results of the competition, the method of managing this building has not been chosen or the decision made on the type of management of the apartment building has not been implemented.

4. In accordance with the procedure established by the legislation of the Russian Federation on urban planning activities, permission was issued to put into operation an apartment building (new building).

According to Article 161 of the Housing Code, owners of premises in a high-rise building have the right, at a general meeting, to determine the method of management for their building before the announcement of a competition for the management of apartment buildings and in the process of its holding (but before choosing the winner), as well as to independently choose the type of administration of the building and another management system.

After the selection of the winning company of this event and its entry into its rights, the owners of the premises of the high-rise building may terminate the previously concluded agreement, provided that the organization fails to comply with the provisions of this agreement.

How is the competition for the right to manage apartment buildings regulated by law?

The economic management of large and multi-apartment buildings is controlled by the housing inspectorate, therefore, the choice of management companies mainly falls under the Housing Code.

To confirm this, let us cite as an example part 2 of Article 161, which requires that owners of premises in apartment buildings must choose one of the types of management of their building and common property.

However, the limitation by paragraphs of the Code alone is not enough to competently conduct a competition for the right to manage an apartment building. It is also necessary to be guided by the Rules for the implementation of this procedure, approved by Government Decree of 02/06/2006. for No. 75, which detail the procedure for choosing a management company.

Thus, paragraph 3 of these Rules warns: if within one month the owners of a high-rise building have not elected a management company and a method of effective management has not been determined, then the local government body must independently and without fail appoint an organization capable of managing the common property of the building.

Additionally, each municipality develops and approves its own local regulations, which work at the local level and are consistent with the Code and federal law, and, for their part, also regulate the competition procedure for managing apartment buildings.

To familiarize yourself with the legal acts of your municipality, you need to visit the official portal of the city administration.

Recently, Russian legislation has been undergoing steady reforms, which, in terms of innovations, also affected the Housing Code. A number of articles are more fully reflected in Law No. 38-FZ of 04/05/2013. The amendments made to the LCD are highlighted here, with comments on some articles.

What principles should the competition for management of apartment buildings comply with?

Principle 1. Fair competition

An open competition to select a management company must be based on fair competition. Otherwise, if the principle of equality is violated, you need to send a claim to the FAS.

Principle 2: Level playing field

During the competition for the management of apartment buildings, uniform conditions must be met for everyone: both organizations and private entrepreneurs (IP), regardless of their form of ownership.

Principle 3. Effective use of funds

Organizations that won the competition and became management companies should actively use the funds of owners of high-rise buildings only to ensure their safety and comfortable living. Each homeowner has the right to request a detailed report on the use of material resources.

Principle 4: Open access to information

Information about an open competition for the management of apartment buildings must be publicly available. The selection procedure itself must be completely transparent. To organize this event and announce the results of the selection, a special commission is created represented by the appointed Management Committee.

How to organize a competition for managing an apartment building

Before publishing the competition announcement (five working days in advance), the organizer forms a competition commission, appointing its chairman and approving the work procedure. In this case, several commissions can be created on a permanent basis with a term of office of up to two years.

Members of these commissions cannot include persons interested in the outcome of the competition. These include: applicants and participants of the competition; persons who work in applicant companies and organizations participating in the event; relatives of the applicant (participant) who works in applicant companies or structures participating in the competition, as well as individuals under the influence of applicants (participants) of the event (including shareholders of interested organizations, members of their boards, employees of higher structures and creditors of participating persons) . If these violations are detected, the organizer of the competition for management of apartment buildings must immediately remove these people from the commission and replace them with new members.

The publication announcing the competition is posted by the organizer (or his authorized person) on the official government website torgi.gov.ru, where all information of this kind about the purpose of the auction appears.

A notice (announcement) about the start of the competition is published by the event organizer (authorized person) on the specified portal no later than 30 days before the deadline for accepting applications from participants.

Notice about the competition contains information:

• the basis for holding the event, indicating the relevant regulatory framework;
• information about the organizer of the competition for managing an apartment building (name, actual address, location, contact e-mail and telephone number);
• parameters of the competition object (address of the apartment building, year of construction, number of apartments, number of floors, area of ​​(non) residential premises and common areas, types of improvement, type and series of buildings, cadastral number (if available), size of the land plot related to the common property of the owners high-rise buildings);
• a list of required works (services) for repair and maintenance of the exhibited facility, which are provided for by the MKD management agreement based on the results of an open competition (hereinafter referred to as mandatory works (services));
• calculation of the amount of contributions (performed by the competition organizer) for the repair and maintenance of a residential building, taking into account its design and technical features, number of floors, degree of wear, presence of elevators and other electromechanical and sanitary equipment, composition of walls and roofing material, other characteristics, as well as quantity and scale of mandatory work (services);
• a list of utility services of the management company, which it provides in accordance with the legislation of the Russian Federation;
• link to the official website that publishes the competition documentation, the rules and deadlines for its submission, the location of the competition for the management of apartment buildings, the amount of the fee for access to the specified documentation (if any), the deadline and procedure for depositing money;
• regulations and deadline for submitting applications for competition participants, place of their acceptance;
• date, time and place of opening envelopes with applications of those wishing to participate in the event, as well as clarification of the time and place of their discussion by the competition commission;
• time and place of the competition;
• amount of the application security for participation in the event.

Before the procedure for printing envelopes (no later than 25 days before) with applications from potential participants in the competition, its organizer must notify about the day of the event for the following persons:

• owners of premises in apartment buildings by posting notices in public places that are convenient for review: on information boards located in each entrance of a high-rise building or in the local area adjacent to the building, as well as by publishing a message about the competition for management of apartment buildings on the official portal;
• citizens who accepted from the developer (according to the act, other documents) premises in this building after the latter received approval to put the apartment building into operation, by posting advertisements in public places convenient for review: on information boards in each entrance of the high-rise building; in the local area adjacent to the building; on the official portal in the form of a publication about the event.

How to submit an application for managing an apartment building through a competition

“The rules for holding an open competition by a local government body for the selection of a management organization to manage an apartment building” establishes some requirements:

• compliance with federal legislative acts (Article 161 of the RF Housing Code);
• absence of bankruptcy or liquidation procedures of the enterprise;
• no suspension of activities;
• absence of debt on mandatory payments, taxes and fees for the previous reporting period (more than ¼ of the value of assets);
• absence of accounts payable (more than 70% of the total assets);
• depositing a certain amount of money to secure an application for managing an apartment building through a competition.

Anyone wishing to participate in the competition should pay special attention to the preparation of their application.

Interested parties fill out an application form to participate in the event. The period for submitting them should not be shorter than 25 days. Shortly before the procedure for printing envelopes with participants' applications, the acceptance of documents stops.

Application the competition participant must contain:

1. Information and documents about the applicant

• For legal entities - name of the organization, form of ownership, location, postal address.
• For a private entrepreneur (IP) - last name, first name and patronymic, details of a passport or other identification card, place of residence.
• Contact number.
• For legal entities - an extract from the Unified State Register of Legal Entities.
• For a private entrepreneur (IP) - an extract from the Unified State Register of Entrepreneurs.
• A trust document on the basis of which this person is authorized to represent an organization or private entrepreneur who wishes to participate in the competition.
• Bank account details for the return of the amount of money deposited to secure an application for managing an apartment building under a competition.

1. Documents confirming the applicant’s compliance with the established requirements for participation in the competition, or their officially certified copies

• Documentary confirmation of payment for the application security of the event participant.
• Documentary confirmation (copy) of the applicant’s compliance with the conditions of clause 15, clause 1 of the current Rules, if federal legislation imposes requirements on the performers of work (services) that are provided for in the management agreement of the apartment building.
• Approved financial balance (copy) for the previous reporting period.

1. Bank account details, to which payment for the repair (maintenance) of housing construction and utilities is paid by the owners of all premises of the high-rise building, as well as the persons who accepted them under the act and tenants of apartments in accordance with social tenancy agreements and rental of living space of the state (municipal or local) housing stock.

If, by the time the envelopes are opened, there are no submitted applications from those wishing to participate in the competition for the management of apartment buildings, the organizer must, within three months from the date of the deadline for accepting applications, hold a repeat competition in accordance with the current Rules. In addition, the organizer can change the terms of the competition and must increase the estimated fee for repairs and maintenance of the high-rise by 10% or more.

The procedure for considering applications for the competition for management of apartment buildings

At the appointed time, members of the competition commission print envelopes with applications received from potential participants, which the event organizer received before the start of their consideration procedure. All applicants or authorized persons may be present.

After opening the envelopes, the secretary of the competition commission draws up a corresponding protocol, which is signed by all its members observing this process. Next, the protocol is published on the official resource either by the organizer of the competition for managing the apartment building, or by an organization authorized to do so, right on the day of signing.

Based on the results of consideration of received applications, the commission decides which applicants are allowed to participate in the competition and which are rejected for one reason or another. The secretary of the commission draws up a protocol on the consideration of applications from candidates, which is then signed by all its members present, indicating as the date the completion of the discussion of applications from potential competitors.

Persons not admitted to the competition receive written notification from the commission of its decision the next day after approval of the corresponding protocol on the discussion of applications.

If only one applicant is allowed to participate in the competition, then no later than three working days after consideration of applications, the organizer of the event must hand over to him a draft management agreement for the apartment building based on the results of the open competition, attached to the competition documentation. At the same time, this agreement requires the management company to perform the mandatory work (services) described in the announcement of the competition and related documentation, with payment for repairs and maintenance of the residential building, pre-calculated and officially announced before the start of the competition. The winning participant can no longer refuse to sign the contract for the management of the apartment building.

If, based on the results of discussion of applications submitted for the competition, the commission decided to refuse participation to all candidates, the organizer must hold a repeat competition within three months in accordance with the current Rules. In addition, the organizer can change the conditions of its holding.

Three stages of the competition for management of apartment buildings

Stage 1. Identification of the winner of the competition

Having started the competition procedure for managing an apartment building, the commission announces the name of the participant whose application the organizer received first, and also names the amount of payment for repairs and maintenance of the residential building.

Each of the bidders offers their overall assessment of additional work (services), based on their initial cost, determined by the tender documentation.

If, after announcing the proposed maximum cost of the specified works (services) three times, no one has named a larger amount, the competition commission announces the winner of the auction who made the most favorable offer for assessing the additional maintenance of the apartment building. Next, this participant lists all the additional functions, the cost of which should fit into the proposal he voiced.

If the winner of the competition refuses these requirements, the working commission announces the name of the next participant whose proposal for the maximum amount preceded the winning option.

This participant in the competition for the management of an apartment building undertakes to carry out all basic work and additional services proposed by him for a fee for the repair and maintenance of a high-rise building, officially announced before the competition and specified in the attached documentation, to provide utilities and fulfill all obligations in accordance with the draft agreement for the management of an apartment building.

If, after three times announcing the amount of payment for repairs and maintenance of a residential building along with the name of the organization (for legal entities) or full name (for individual entrepreneurs), none of the bidders made a more advantageous offer for the assessment of additional work (services), then this participant is considered the winner of the competition.

Stage 2. Drawing up a protocol

During the bidding, the tender commission draws up a protocol in the form approved by Appendix 8 and signs it on the same day. The document is filled out in triplicate, and one of them is given to the event organizer. The latter, no later than three working days after approval of the protocol, hands over one copy to the winning bidder along with a draft management agreement for the apartment building based on the results of an open competition.

At the same time, the cost of each type of work (service) from the list of basic and additional functions determined based on the results of the competition and included in the above agreement must be recalculated. The basis for this is that the total cost of all work and services, including additional ones, fixed during the competition, must be equal to the payment for the repair and maintenance of the apartment building, officially announced before the auction and recorded in the attached documentation.

The contents of the competition protocol are published on the official website on the same day torgi.gov.ru the organizer of the event or an authorized organization. After the publication of this document, the contestant can write a written request to the organizer for clarification of the results of the competition for the management of the apartment building. To which the latter is obliged to respond in writing no later than two working days from the date of registration of the incoming request.

All competition materials (protocols, applications for participation, working documentation with amendments and clarifications, audio recordings of the opening of envelopes with applicants’ applications and the conduct of the competition itself) must be stored by the organizer for three years.

Stage 3. Notification of competition results

Within ten working days after signing the competition protocol, its organizer is obliged to notify each owner of the premises in the apartment building and the citizens who accepted these premises about the results of the open auction and the terms of the high-rise building management agreement by publishing a draft document in accordance with clause 40 of the current Rules.

When and how is a contract for management of apartment buildings concluded based on a competition?

After the end of the competition, the winner submits to the organizer of this event an approved contract for managing the apartment building for the competition in the form of a project, along with ensuring the fulfillment of obligations. Ten working days are officially allotted for this from the date of signing the tender protocol.

Then he must, within 20 days after drawing up the competition protocol and 10 days after its publication on the state website, send out approved draft management agreements to all owners of high-rise apartments and persons who have accepted the premises, for the purpose of signing these documents in accordance with Article 445 of the Civil Code country code.

If the winner of the competition, within the period allotted by the Rules (clause 90), has not handed over to the organizer a personally approved draft agreement for the management of the apartment building along with security for the fulfillment of obligations (a notarized copy of the liability insurance policy, an official copy of the collateral deposit agreement or an irrevocable bank guarantee), it is considered that he refused to sign a management agreement for a residential building. In the event that the winning bidder evades the execution of a contract for the management of an apartment building under a competition, the organizer of the event offers this deal to the previous competitor who offered the maximum cost of additional maintenance of the high-rise at that time. Now this applicant must enter into a management agreement for an apartment building.

If this competitor is also found to have evaded signing the document on the management of the building, the organizer of the competition can legally force him to conclude this agreement with compensation for the costs caused by evading the execution of the transaction.

In the event that the only applicant participating in the competition evades drawing up an apartment management agreement, the organizer of the competition (again in court) can force him to do this and compensate for losses caused by the actions of the negligent competitor.

Is it possible to appeal the competition for managing an apartment building?

If the owners are not satisfied with the results of the competition for the management of apartment buildings or the authorized representatives of competing organizations have identified a catch, they can appeal this decision in court. They need to contact the judicial authority with the provision of the minutes of the commission meeting, ballots and eyewitness testimony.

If, during the voting, irregularities were indeed discovered that changed the course of the procedure, the court may annul the decision and organize a re-vote under the supervision of an official representative. If the suspicions turn out to be unfounded, the case will not be considered.

If the competition for management of the apartment building did not take place, then what to do next?

The reasons for declaring an open competition for the management of apartment buildings invalid are:

• lack of applications for participation in tenders;
• refusal of participation for all registered applicants.

It would seem that everything is logical: without participants, the competition will not take place. But here everything is more complicated. The rules for holding an open competition in part 59 state that if there are no applications for participation before the opening of the envelopes, the competition organizer announces a new auction, which it conducts for three months from the date of completion of applications. In addition, the organizer may change the conditions of the competition and must increase the estimated fee for the maintenance and repair of a residential building by 10% or more.

Consequently, according to the Open Competition Rules, if the tender fails, the local government authority (LGU) must hold a repeat competition for the management of apartment buildings. In addition, this event can be considered failed a certain number of times (legally there is no limit on holding repeat auctions if the previous ones were cancelled).

If during an open competition for the appointment of a management company it does not take place, the local self-government body announces a new competition in accordance with the current Rules for its conduct. Unfortunately, the procedure for organizing and holding this event takes a lot of time. And the management of apartment buildings must be carried out constantly, and only then will the goals outlined by the country’s Housing Code be achieved (Article 161, paragraph 1). Therefore, local authorities, based on paragraph 8 of the same article, can offer the owners of high-rise buildings to enter into an administration agreement with a management company of their choice. This document will remain in force until the management company is elected on a competitive basis, and the owners of the premises cannot be forced to sign this agreement, since this is illegal (clause 5 of the mentioned article only indicates the need to formalize an agreement with the organization that won the open competition).

Let us also add that such an agreement cannot be concluded if a competition for the election of the Management Committee was not held at all. This is also supported by materials from judicial practice. Thus, on the basis of the decision of the Arbitration Court of the Far Eastern Branch NF03-A51/07-1/5799 dated December 25, 2007, the management agreement for the apartment building, including the provision of services for its maintenance, repair of housing stock and sanitary maintenance, taking into account the adjacent areas of the high-rise building, was declared invalid (Article 168 Civil Code) as concluded not as a result of an open competition for the election of a management company.

Here it is worth emphasizing the presence of two situations: firstly, the competition was not held; secondly, it was held, but was declared invalid.

Expert opinion

Why is there no competition for managing an apartment building in a new building?

Olesya Leshchenko,

Executive Director of the Association of Management Organizations "Comfortable Home"

Each developer has the right to draw up a management agreement for an apartment building with any management company for a period of no more than three months before the local authority holds an open competition to select one. The basis for this is Article 161 (Part 14) of the Housing Code. After the management company is elected through an open competition, the owners of the apartment building premises must sign a management agreement with it.

But often in practice it happens differently: local self-government bodies, knowing that the high-rise building is managed by the developer’s management company, reflect in the reports that this type of management is being implemented without announcing a competition. This fact violates a special provision of the Code. Housing inspectors and the Federal Antimonopoly Service of the Russian Federation are trying to counteract this, but judicial practice is currently very contradictory.