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Management company in Buryatia suspected of fraud
From August 1, 2017 to June 2018, Kommunalny Service-M collected money for utilities from residents of 18 houses. At the same time, another management company, TES, was appointed responsible for this, the maintenance and repair of the houses.
On this fact in April last year a criminal case was opened under the article "Self-government". However, now in the actions of the "manager" they still see signs of fraud on a large scale. Residents were advised to go to court or to the prosecutor's office to receive money paid for utilities.
As the expert of the information portal Zhilfin.rf (within the framework of the project of the Ministry of Finance of Russia on financial literacy) Lolla Kirillova explains, in accordance with paragraph 10 of Art. 162 RF LC, the managing organization, within three working days from the date of termination of the apartment building management contract, is obliged to transfer the technical documentation for the apartment building and other documents related to the management of such an apartment building, keys to the premises that are part of the common property of the owners of the premises in the apartment building, electronic access codes for equipment that is part of the common property, and other technical means and equipment necessary for the operation of the house of the newly selected managing organization ui.
“If there is no new Criminal Code or Homeowners Association, and the choice of tenants fell on such a method as direct management of the house by the owners of the apartments or their shares, all of the above should be transferred to one of the owners' data specified in the decision of the general meeting of owners on choosing a method of managing such a house. If this owner is not indicated, to any owner of the premises in such a house, ”said Lolla Kirillova.
According to the expert, if the old Criminal Code has lost the technical documentation or part of it, it is obliged to restore it at its own expense within three months. The accumulated funds from the old management organization must also be transferred to the new one, after the termination of the management contract.
“In the event of an attempted judicial recovery from the residents of these amounts, one must refer to the fact that the apartment owners did not sign such a management contract with the new Criminal Code. And must sign at least 50% of the owners. Accordingly, the residents do not need to return their money from that organization, because this is done exactly at the moment referred to in paragraph 10 of Art. 162 of the LC RF, ”emphasizes Lolla Kirillova.
She notes that people who live in such a house start paying for the new management organization only after the State Housing Supervision Authorities include the house in the license of the new management organization. This information is easy to verify, since the organs of the Housing Duty Department are required to post them on their website.
“If there was no termination of the management contract, then the owners paid correctly precisely the previous management company. A new one does not have the right to recover these funds from residents. It is necessary to provide the two managing organizations to resolve this dispute in the arbitration court themselves, ”the expert concluded.
According to her, if the house switched to direct payments for communal resources, but the CC issues payments for utility services (not to be confused with payments for your old debts, if any), then the CC will have to pay the consumer a fine in half of the amount payable (Part 5 of Article 3 of the Federal Law dated 03.04.2018 No. 59-ФЗ). Except when she eliminates this violation before the tenants pay such a payment.
If the tenant pays the payment to the management organization and does not pay the payment set by the utility supplier, then the tenant’s obligation will still be fulfilled.