New amendments to the Housing Code of tightening controls and eliminating HBC HOAPavel ChernyshovPrepared by the Ministry of Construction of the bill could lead to the redistribution of the housing management market. The amendments abolish the HBC for already built houses and facilitate the elimination of the HOA. At the same time the municipal authorities are able to appoint by management companies for homes left without control. Experts
fear that as a result of a number of homes will fall under the control
of the Criminal Code, affiliated with the local authorities. The
Ministry of Construction and Housing in Russia has made a number of
amendments to the Housing Code (LC, the text is at the disposal
"Gazety.Ru"), which can significantly alter the residential property
management market. In particular, significantly tightened responsibility HOA. Part 6 of Article 20 of the LCD supplement the provisions of that
zhilinspektsii authorities are obliged to apply to the court for
liquidation of homeowners (HOA) or housing cooperatives (HBC), if during
the month were not eliminated the violations found.
As explained in the Ministry of Construction, we are talking about violations of the requirements to the statute condominiums or to order the creation of condominiums.Today zhilinspektsii authorities already have the right to go to court, but the amendment makes such treatment mandatory. According to experts, for their right to eliminate HOA checking infrequently resort."While there was a controversial practice. Some organizations zhilnadzora after violations were found, issued orders, but then did not take any steps. Often complaints filed by tenants, on whose complaints and audited ", - says Alexander Kozlov, the head of the project" School of literate consumer. "In his view, although the tightening of control over the activities of HOA is justified, one month from the date of violation to the requirement of elimination in some cases can be extremely small."Many of the procedural aspects required to correct the violations, such as re-organization of the meeting, often require more than a month. Such a provision can lead to massive sweeps HOA "- said Kozlov.In turn, the press service of the Ministry of Construction said that "the deadline is sufficient to eliminate the violations."HBC abolished after the last installmentIn addition, the amendments require the elimination of HBC, which within three months after the last installment is paid for housing, should be dissolved. After that, the residents have to create condominiums. Meanwhile, as noted by Valery Novikov, head of the legal support of NP "utilities" Control ", now quite a significant number of homes is controlled by HBC."Many HBC has long been engaged in the management houses and do a good job with their responsibilities", - says the lawyer.Sami representatives of HBC also do not agree with the possible liquidation of cooperatives."We have sixty-odd years of the cooperative. Now the management of eight buildings in different locations, debugged already houses the control system. All made transparent, if not satisfied with the board, it can be re-elected.If HBC abolish, the residents will benefit from this are not exactly "- Sure Evdokia Gosteeva, Deputy Chairman of the Board of HBC, "The employees of the Academy of Sciences of the USSR."As she noted, in the case of the abolition of the HBC, at best, it breaks up into several condominiums, each of which will have to look for a new management company."In this case, assume that the HOA can easily be registered as a legal entity, it is not necessary to already have a lot of messages about the challenges it entails. Yes, and tenants are unlikely to manifest sufficient activity to gather and organize the HBC. Now meetings can only see the women of retirement age, "- said Gosteeva.According to her, it's all afoot to transfer the house to the management of the new management companies.A similar view is shared by some experts, who pay attention to the following paragraph of the amendments which entitles local governments themselves appoint management companies. This is the article 161 part 17, appendix."This rule defines the order of the apartment blocks in the period when the management company for any reason is not defined (for example, HOA liquidated, the owners do not control the organization chosen and announced by the Municipality of the competition did not take place). At that time, until the owners do not choose a method of controlling or managing organization or is not a competition, to ensure proper management of the house, the municipality has the right to "appoint" the management organization having a license to manage this house ", - explained in the press service of the Ministry of Construction.In the explanatory memorandum to the bill says only houses that need repair, so do not take them to the Criminal Code in control, fear of excessive costs. However, the elimination of HBC and stricter oversight of HOA suggest that the number of orphan homes, which operate sufficiently profitable, can significantly increase.It is no secret that the majority of tenants is quite passive and do not attend the meeting house. In this situation, quorum and approve new condominiums will be impossible."In this case it is assumed for an open competition for the management of the house.But then traced the interest on the part of local authorities, which can sabotage the competition, and then have the opportunity themselves to appoint a management company.I can not say that it will take a massive scale, but there is visible korruptsionnoemkaya component, which should pay attention, "- warns lawyer.Another dangerous moment - to change the vote-counting system in the meetings of homeowners. If voting is now determined by the number of square meters per property (1 sq. M equals one vote), the new rule requires that each property owner gets one vote. At first glance, quite fair offer, but even here there are pitfalls.One apartment can be jointly owned, then each of the co-owners of the right to vote poyavyatsya. It is including the ability for fraud in the meetings - organized several "rubber flats", whose owners can already make the majority at the meeting and push for necessary decisions, represents risks Novikov.
As explained in the Ministry of Construction, we are talking about violations of the requirements to the statute condominiums or to order the creation of condominiums.Today zhilinspektsii authorities already have the right to go to court, but the amendment makes such treatment mandatory. According to experts, for their right to eliminate HOA checking infrequently resort."While there was a controversial practice. Some organizations zhilnadzora after violations were found, issued orders, but then did not take any steps. Often complaints filed by tenants, on whose complaints and audited ", - says Alexander Kozlov, the head of the project" School of literate consumer. "In his view, although the tightening of control over the activities of HOA is justified, one month from the date of violation to the requirement of elimination in some cases can be extremely small."Many of the procedural aspects required to correct the violations, such as re-organization of the meeting, often require more than a month. Such a provision can lead to massive sweeps HOA "- said Kozlov.In turn, the press service of the Ministry of Construction said that "the deadline is sufficient to eliminate the violations."HBC abolished after the last installmentIn addition, the amendments require the elimination of HBC, which within three months after the last installment is paid for housing, should be dissolved. After that, the residents have to create condominiums. Meanwhile, as noted by Valery Novikov, head of the legal support of NP "utilities" Control ", now quite a significant number of homes is controlled by HBC."Many HBC has long been engaged in the management houses and do a good job with their responsibilities", - says the lawyer.Sami representatives of HBC also do not agree with the possible liquidation of cooperatives."We have sixty-odd years of the cooperative. Now the management of eight buildings in different locations, debugged already houses the control system. All made transparent, if not satisfied with the board, it can be re-elected.If HBC abolish, the residents will benefit from this are not exactly "- Sure Evdokia Gosteeva, Deputy Chairman of the Board of HBC, "The employees of the Academy of Sciences of the USSR."As she noted, in the case of the abolition of the HBC, at best, it breaks up into several condominiums, each of which will have to look for a new management company."In this case, assume that the HOA can easily be registered as a legal entity, it is not necessary to already have a lot of messages about the challenges it entails. Yes, and tenants are unlikely to manifest sufficient activity to gather and organize the HBC. Now meetings can only see the women of retirement age, "- said Gosteeva.According to her, it's all afoot to transfer the house to the management of the new management companies.A similar view is shared by some experts, who pay attention to the following paragraph of the amendments which entitles local governments themselves appoint management companies. This is the article 161 part 17, appendix."This rule defines the order of the apartment blocks in the period when the management company for any reason is not defined (for example, HOA liquidated, the owners do not control the organization chosen and announced by the Municipality of the competition did not take place). At that time, until the owners do not choose a method of controlling or managing organization or is not a competition, to ensure proper management of the house, the municipality has the right to "appoint" the management organization having a license to manage this house ", - explained in the press service of the Ministry of Construction.In the explanatory memorandum to the bill says only houses that need repair, so do not take them to the Criminal Code in control, fear of excessive costs. However, the elimination of HBC and stricter oversight of HOA suggest that the number of orphan homes, which operate sufficiently profitable, can significantly increase.It is no secret that the majority of tenants is quite passive and do not attend the meeting house. In this situation, quorum and approve new condominiums will be impossible."In this case it is assumed for an open competition for the management of the house.But then traced the interest on the part of local authorities, which can sabotage the competition, and then have the opportunity themselves to appoint a management company.I can not say that it will take a massive scale, but there is visible korruptsionnoemkaya component, which should pay attention, "- warns lawyer.Another dangerous moment - to change the vote-counting system in the meetings of homeowners. If voting is now determined by the number of square meters per property (1 sq. M equals one vote), the new rule requires that each property owner gets one vote. At first glance, quite fair offer, but even here there are pitfalls.One apartment can be jointly owned, then each of the co-owners of the right to vote poyavyatsya. It is including the ability for fraud in the meetings - organized several "rubber flats", whose owners can already make the majority at the meeting and push for necessary decisions, represents risks Novikov.
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