In March 2005, entered into force on the new Housing Code, which contain the rules governing the "control residential house and establishment and operation of homeowners. I would not recommend anyone mindlessly adhere to this Housing Code, as this document legally illiterate, its rules contradict each other and with other laws, they are vague and unclear. In particular, it does not define the concept of "stewardship", there is no such thing, and in other laws, but this term actually means the provision of maintenance services to homeowners at home. The position of housing officials, lobbying for the adoption of poorly versed in the laws of homeowners making a "choice of ways to manage the house," is understandable, under the guise of self-government they will be easier to manipulate such incompetent landlords, while officials in this situation, two problems: 1 - absolve themselves of responsibility for the contents of the house; 2 - direct the flow of money (rent) in the right direction. Against this background, I venture to give homeowners advice - do not let yourself confuse spells such as "housing reform," "way to manage the house", "homeowners" and simply try to "separate flies from cutlets, what I try to help you. Let's look at the situation: there is a residential house in which more than half the apartments are privately owned large numbers of individuals (homeowners). The apartment itself is a property of its owner (although this is fairly conventional, and whose property is the floor of your apartment, which is the ceiling of the lower flat-?), The common property of the house (the land, foundation, roof, stairs, attics, basements, communications from vvoda in house before entering into apartments, etc.) is in the common property of all owners of premises in the home (homeowners). What part of the contents of the house the landlord can do individually, and why you need to combine efforts of all homeowners? In the single apartment can install metering devices and to conclude contracts for delivery in the apartment heating, hot and cold water and sewerage, electricity, gas, telephone, TV signal. BUT: to deliver all this abundance supplier agrees only to enter the house, but not in the apartment. In the single apartment can make routine repairs, not affecting other people's property. Overhaul of home maintenance and repair of common property at home improvement related to the home territory, garbage collection, passport service tenants may carry only a centralized way, in one of the following forms: Option 1: 1. Choose the managing organization. 2. Conclude agreements between landlords and managing organization. Option 2: 1. Write HOA. 2. Assigned to the HOA as the administering organization. Option 3: 1. Write HOA. 2. Choose the managing organization. 3. To conclude the contract between the HOA and the management organization (serving, of course not one house). Creation of condominiums at the skillful approach can provide several benefits to homeowners: receive free property adjacent to the home territory and dispose of it, getting in the management of public non-residential premises in the house, the possibility of reconstruction of houses, etc., but most importantly - selection, maintenance and home payment for its services directly to the recipients of these services, ie owners of premises. It is very important personality of the head HOA (chairman or manager). If homeowners do not take any action, then under current law, the administering organization and procedure of its activities on the contents of the house determines the district administration. Its selection of the management company shall conclude contracts with all homeowners, which is almost never done - why the management organization to take assume any obligation, if it so homeowners get the money, nothing for it is not responding. A dissatisfied public services residents will only have the right to complain to the known and available to them to court, which will be their skillful "football" and feed the unfulfilled promises. There is no other way to have impact on the residents administering organization is not and can not be, because the rent they pay the same organization, they must serve another organization, and to no one or the other tenants, there is no contractual relationship, the mutual obligations, and the refusal of one of the tenants to pay nepoluchaemyh services they will have no effect on these organizations. Force them to comply with the requirements of tenants can only massive, organized and informed refusal of tenants to pay the tenants nepoluchaemye their services. As a result of the above, give advice: - If you are the owner of the premises in a building, you're happy with in the utilities and you have no claims to the content at home, you do not need to take any action, and you only have to pay rent in the prescribed amount. - If you are the owner of the premises in a building and you have something wrong with its content, you need to share with other homeowners to choose one of three forms of detention homes. In order to make the necessary decisions required the consent of more than half of votes of owners of premises in your home, including government-owned apartments. For several reasons, which can not explain briefly, I recommend choosing Option 3. Any sensible person realizes that the consumer only effective way to get quality and valuable services, is direct consumer choice performer, and payment of services directly to consumers performer. To do this, and should form an association of homeowners, including in the form of condominiums.
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