How to prove that the Capital Repair Fund does not fulfill its obligations?

The regional capital repair operator is responsible for failure to fulfill its obligations and poor performance of contractors during capital repairs.

This means that if the owner’s roof leaks after a major repair due to the fault of a contractor, the regional operator of the major repair will pay for the repairs, compensate for moral damages and pay a fine.

How can owners of non-residential premises pay for major repairs?

Who is responsible for monitoring the overhaul?

To file a complaint, you will first need to know where to go. This will depend on how the fund for major repairs in a particular apartment building is formed.

Generally speaking, there are two possible ways to form a fund of funds for major repairs:

• funds can be accumulated in a special account, in which case the contractor for the major repairs is the Management Company, which means that this organization is responsible for the quality of the major repairs;
• funds are accumulated in a regional fund; in this case, the Overhaul Fund, which manages the accumulated funds, is responsible for carrying out repairs.

So, if you know exactly where to complain about the quality of major repairs and who will answer your questions, then the next step is to prepare the complaint itself about poor-quality major repairs of an apartment building.

Collective complaint

A collective complaint looks more significant in the eyes of the Foundation. The more owners involved in the claim, the more serious the attention it will receive. If the contractors are doing a poor job of renovating the house, you should organize a meeting of the owners and file a complaint.

The rules for drawing up a collective document are similar to an individual one. The difference is that the header lists all the initiators, their full names and addresses. At the end, all owners, dissatisfied with the quality of the overhaul, put their signatures and transcripts.

How to properly file a complaint

You can draw up a complaint against the capital repair fund or the management company yourself; its template is not regulated in any way, and it is drawn up independently in any form. The main thing is that the application must reflect all the necessary points:

• there must be the full name of the organization to which the complaint is sent;
• the full details of the applicant are indicated: last name, first name and patronymic, as well as address and contact details;
• it is necessary to provide the name of the organization that carries out the repairs, as well as the address at which this work is carried out;
• the problem that caused the complaint is fully described and the complaints are listed, indicating their essence;
• if there is data confirming existing claims (photos, results of examination by a third party, etc.), such documents must be attached.

If any documents are attached to the complaint, it is better to use copies for this, having them certified yourself. It is also recommended to draw up a complaint in two copies, so that you can give one copy and keep the second with a receipt stamp.

Another way to file a complaint is by mail with return receipt requested. Such a letter is sent to the body responsible for monitoring the repair; it is more correct to call it a claim. In this way, you can monitor the receipt of the application and track the timing of their consideration.

What is included in a major home renovation?

This form of maintaining a normal standard of living for the population as a major overhaul is less radical than renovation programs and the provision of free housing under a social lease agreement, as well as subsidizing mortgages. A bank for the overhaul of Russian houses is being formed systematically, implying monthly payments from each apartment in apartment buildings.

The content of major repairs is determined for each object individually depending on many factors: the material base, the degree of deterioration of various building fragments and life support systems, the occurrence of situational unplanned destruction due to unforeseen disasters, etc.

List of repairs according to art. 166 of the RF Housing Code applies to:

• in-house housing and communal services systems: electricity, heat, gas supply, water supply and water disposal;
• roof, facade and foundation of the house;
• communal basements;
• elevator engineering of the house (complete modernization and replacement of elevators is also carried out here).

It is logical that the older a residential building, the more it is exposed to the adverse effects of time, the environment, and human influence. In this case, the nature of the operation of the building by the apartment owners and the timely implementation of repairs by the management company (on whose balance sheet the house is located under an agreement concluded with the residents) are of particular importance.

Where else can you file a complaint?

Where can I file a complaint about repairs if the management company or the Fund do not respond? The next authority in the hierarchy is the State Housing Inspectorate, which is available in each region. The complaint is drawn up identically, but it is additionally worth mentioning that you have already contacted the repair customers, and they have not responded to your complaint.

An effective means when contacting the State Housing Inspectorate is to draw up a collective complaint that reflects the interest of the majority of residents of an apartment building.

Where else can I file a complaint about home renovations? The higher levels of the hierarchy are Rospotrebnadzor and the prosecutor's office. You can file a complaint against the capital repair fund with the prosecutor's office, and the application is considered within the framework of civil proceedings.

The prosecutor's office is the final authority for pre-trial proceedings. And when contacting the prosecutor’s office, as a rule, the application indicates a request to conduct a prosecutor’s inspection or restore (protect) the rights of citizen-residents of a particular apartment building.

Where can I complain about the fund if the repairs have not been completed or are bad?

The work is carried out by contracting companies on behalf of a specialized Fund, in the account of which funds contributed by the owners are accumulated. Major repairs are paid exclusively by residents, so they have the right to evaluate and demand high-quality work from the contractor.

If there is clearly misappropriation of funds or a negligent attitude of contractors towards their obligations, this must be dealt with. State authorities have sufficient powers to hold accountable and force the Foundation and repair contractors to act in accordance with the stated regulations.

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The first step is to write directly to the Foundation. After 30 days, applicants will receive a response. If they are not satisfied with it, you can move on.

Housing inspection

The state authority where you can apply to protect the rights and interests of the consumer of utility services is the Housing Inspectorate. Its branches are in cities and regional centers. This is where you should complain about poorly performed or unfinished major repairs. Based on the results of the inspection of the activities of the Fund and contractors, the inspector has the right to impose an administrative penalty in the form of a fine.

Complaints, statements, and appeals to government agencies are drawn up according to general rules:

1. Indicate the name of the authority - the addressee.
2. Next, the initiator indicates his data and address.

ADVICE! Anonymous complaints will not be accepted for consideration.

1. Below in the center of the page is the name of the document - Complaint.
2. Then you need to describe the problem in detail:

• indicate who is the customer for the home renovation work and with whom the contract was concluded;
• state what work is included in the contract, what of the entire scope remained unfulfilled or was done poorly;
• list what steps the owners took to confirm the low level of services, for example, they ordered an examination.

1. Inform of your intention to seek protection of rights from higher authorities if the issue is not resolved at this level.
2. At the end there is the date of drawing up the document and the signature of the initiator.
3. Attachments to the complaint - a copy of the contract, a certificate of ownership, paid receipts for major repairs confirming the absence of debt, an extract from the Fund on the formation of the amount for repairs, correspondence with the Fund and other authorities.

IMPORTANT! The complaint must be written in legally competent language. Emotional assessments and insults are excluded. If the conditions are not met, the authorities have the right to leave the document without movement.

Rospotrebnadzor

This is a government body that is vested with extensive powers to combat unscrupulous performers of contractual obligations in any area of ​​service provision.
They are especially concerned with the issue of housing and communal services. It involves not only deception of customers by performers, but also maintenance of a residential building in inadequate sanitary conditions. Lack of major repairs can lead to the proliferation of rodents, the formation of fungus, mold, structural destruction, and environmental pollution, which makes living in the building dangerous.

This combination of two core issues for Rospotrebnadzor in one is the reason to go there to identify those responsible for poor overhauls and punish them.

You can complain to this body if deficiencies are identified within 5 years after the overhaul, that is, about hidden deficiencies.

Based on the results of the unscheduled inspection, an order to eliminate violations will be issued and an administrative fine will be imposed. In the event of an unlawfully increased fee for services, the penalty will be half of the overcharged amount.

If government authorities do not act, the owners can only contact the prosecutor's office.

Prosecutor's office

This is a supervisory body where you can complain about violations of laws, including housing. It makes no sense to contact the prosecutor's office without going through all the previous authorities, otherwise the complaint will be sent down for consideration by the relevant departments.

If the prosecutor finds grounds, an inspection of the activities of the Fund and the company performing the work will be organized, and an assessment will be made of the negligent actions of officials.

The result of the prosecutor's inspection is an order to eliminate violations and, if there are grounds, a fine.

Features of the complaint procedure

If previously any communication with government authorities or other supervisory and control organizations was carried out mainly in person, now a complaint about the major repairs of an apartment building can also be submitted via the Internet. Just choose the method that is convenient for you:

• personally;
• by mail with acknowledgment of delivery;
• by calling the hotline, if such a method of filing complaints is provided for by the regulations;
• using the Internet.

When drafting a document, you should keep the formal style in mind. It is preferable to present the problem and complaints dryly, in official language, observing the rules of the Russian language, avoiding emotional statements and insults. The presence of obscene expressions or offensive statements may become grounds for rejecting the complaint.

Complaints are made not only in case of poor-quality repairs, but if repairs to the house have not been carried out for a long time. It should be noted that the question of timing is quite ambiguous. The Housing Code [1] does not provide precise answers to the question of timing. Therefore, it is recommended to focus on the recommendations given in GOST standards for the relevant materials or elements of the house.

Carrying out major repairs in a house is the right of residents; violation of this right should be defended. If funds for major repairs are accumulated in a special account, it is much easier to carry out repairs and find those responsible if the repairs turn out to be of poor quality. But if funds are accumulated in a regional fund, then it is possible to resolve the situation if you know the procedure for filing a complaint.

Features of written complaints

An application to the management company or to the capital property fund can be individual or collective. There is no single template for an appeal; however, regardless of the authority to which the document is sent, it is drawn up in compliance with the official business style and must contain the following information:

• Name of the organization, full name of the head and applicant with contact information.
• Title of the request.
• Contents with a detailed description of the problem.
• Request to correct deficiencies or conduct an inspection.
• Date and signature of the applicant.
• List of attached documents.

A written complaint is submitted during a personal visit or by mail. The electronic version can be sent by E-mail or by filling out an online form on the website of the authorized organization. Oral requests are accepted by telephone.

Where to contact if the problem is not solved

For violations related to ongoing repairs, the next authority may be the city housing inspection. This body must monitor the work of the management company.

In addition, you can contact the following organizations:

• Rospotrebnadzor.
• Prosecutor's office.
• City Hall.
• Court.

A similar letter is written to all of the above institutions. As you apply to various authorities, the evidence base will accumulate. So, for example, if there is no response from the management company, this must be noted in the text of the document.

The shipping methods also do not differ from those indicated previously. If no service has exercised the legal right of the residents, a statement of claim is drawn up in accordance with Article 131 of the Code of Civil Procedure of the Russian Federation and sent to the court at the place of residence.

Master craftsman

The repairman tried to fix the equipment on the spot, but caused a short circuit and cut off power to half the apartment. I also had to call an electrician. As a result, Ilya took the computer to the workshop, stipulating that he would charge two thousand for the work. As usual, we drew up an agreement - here it is, in Ivan’s hands.

The next day Ilya called: pick up the equipment, but the amount of repairs has increased slightly. Six times. Up to 11 thousand 800 rubles.

“No one even tried to coordinate these changes with me,” Kolodyazhny is indignant. “It turned out that the contract was also drawn up with errors (for example, there was no seal, no address where to look for the contractor), so it does not have much force. It was with great sorrow that I found the ends of this company in Kazan.

For two weeks there were telephone conversations in raised tones, where words such as “prosecutor’s office” and “Rospotrebnadzor” appeared. The computer was returned to the client and they charged three thousand for the work. But the settings were lost, the image on the screen was jumping, and the antivirus program disappeared. Another repair was needed.

In Yekaterinburg, they once asked for the cost of three new ones to repair an old computer. Human rights activists helped the consumer

The situation is not pleasant. The problem is that, as it turns out, no single organization is held accountable for performance and quality. Before publishing such advertisements, the newspaper is not obliged to request any documents from the client (they should ask for a license only if we are talking about licensed goods and work - for example, medical or educational).

“Private owners register only with the tax office, so we cannot control them,” explains Galina Andreeva, chief specialist of the committee for organizing consumer services for the population of the Yekaterinburg administration. — Each district has its own officially registered service centers. But sometimes we find them after the fact: we try to establish relationships, get to know the manager, and immediately warn that the law on the protection of consumer rights cannot be violated.

Experts assure: if you analyze the requests, most often “home craftsmen” deceive clients by inflating the cost of work; first they quote one amount, but in the end they charge more. Moreover, they force you to pay under the threat of non-return of the equipment. In Yekaterinburg, they once asked for the cost of three new ones to repair an old computer. Human rights activists helped the consumer.

According to statistics, 90 percent of disputes between clients and service providers are resolved through claims. The proportion of successful outcomes in the topic under study could be the same if not for situations where it is impossible to find a performer. In this case, you should no longer contact legal consultants, but the police.

It is difficult to determine at what age consumers are most often deceived. Thus, Galina Andreeva believes that pensioners, who have always been at risk, have now been taught not to trust dubious craftsmen.

— A couple of years ago this happened - grandmothers complained about the quality of refrigerator repairs. However, recently, on the contrary, complaints are coming from young people and middle-aged people,” she says. - In the end, if you cannot do without a specialist visiting your home, it is better to contact a stationary service center - many companies also have a service to call a technician.

Or copies of documents, or - goodbye

RG asked Yanina Golubeva, director of the Yekaterinburg Consumer Protection Center, about how to protect yourself from scammers hiding under the guise of craftsmen and repairmen.

Yanina Golubeva:

There are often cases when people choose repairmen from advertisements in newspapers, on fences and at bus stops. There are not many complaints about such specialists, but they certainly exist. And, as a rule, they are associated with the fact that consumers, having objective reasons for making a claim, do not know where to look for a contractor. This is a big problem, because if the service is provided by an ordinary individual, not an individual entrepreneur, such legal relations are not covered by the consumer rights protection law. In this case, we cannot refer to either the presumption of guilt, or the right to information, or the collection of penalties, that is, to use all the advantages given by law when protecting violated rights.

What do you need to know when looking for a computer specialist or other specialist?

Yanina Golubeva:

We still recommend concluding contracts in stationary workshops - with organizations that have offices, call centers, where there are stands with information about the service provider, where you can discuss the details with the administrator. Firstly, such companies are required to provide information about themselves: name, address, TIN. The second thing that is very important and valuable is price information: a list of work that the contractor performs and a price list. If the final price does not correspond to the stated one and we have evidence, we determine a violation of the right to information. In addition, when contacting specialists who provide services in a particular premises, the consumer can always visually assess how reliable this organization is.

But, you must admit, it is not always possible to bring the equipment to the workshop yourself...

Yanina Golubeva:

Of course, especially when we are talking about elderly people, sedentary people or, conversely, very busy people. When we invite a person to an apartment, it is very difficult to check which company he works for, even if the master shows his passport and power of attorney. We don't know for sure that it's not a fake. The first thing you need to find out is the name of the organization or the last name, first name and patronymic of the individual entrepreneur.

Should an individual entrepreneur have some special document?

Yanina Golubeva:

Both an individual entrepreneur and an organization have the right to work in the market from the moment they are included in a special register (the Unified Federal Register of Legal Entities or the register of individual entrepreneurs). After your potential counterparty provides his details, you can go to the official website of the Federal Tax Service and check whether such a company or businessman really exists. This is done instantly and free of charge. We explain to older people: if you do not have the Internet, contact your neighbors, children, and friends so that they can find the organization in the registry.

Should this be done at the stage of telephone communication?

Yanina Golubeva:

Yes, and immediately ask: “Bring me your price list and registration certificate.” It is advisable that these are copies that will remain with you. You can even invite the specialist to put his name and signature at the bottom of the page. Be sure to see if the names and titles on all papers match. It happened that consumers called one organization, they were brought documents for a second, and the price list generally indicated a third.

How to draw up a contract correctly?

Yanina Golubeva:

The best form is a work order, but a receipt will do. The main thing is that it doesn’t just say “TV repair,” but at least lists a preliminary list of operations. If at first glance it is impossible to determine the cause of the breakdown, the order should indicate “diagnostics”. If it is free, then “0 rubles”; if it is paid, you must indicate the amount. A competent technician will immediately determine which parts need to be replaced and how much the repair will cost. In this case, ask him to record all the information on the receipt. If he begins to doubt, refuse: “what if I was mistaken,” it is better to say goodbye to him. After all, the person responsible for his work is ready to issue the receipt as expected.

What if the master plans to take the equipment with him?

Yanina Golubeva:

Make sure that the receipt contains a description: not just “computer”, but the brand, serial number, special features. And in an amicable way, in accordance with the rules for the provision of household services, the cost of the thing being transferred. If the equipment is new, the consumer still remembers the price at which he bought it, otherwise he negotiates the amount with the contractor. This is important because if the item is lost or damaged, you can make a claim based on the stated price and not contact an appraiser, which is also not cheap. Make sure that the receipt indicates the surname, position, signature of the receiving person, as well as the name of the organization or details of the individual entrepreneur. If it is not the entrepreneur or the head of the organization who came to you, ask for a power of attorney to conclude contracts or sign receipts. It is advisable to keep a copy of it for yourself too.

That is, after the master’s visit, the consumer must have three documents: a receipt, copies of the price list and a power of attorney?

Yanina Golubeva:

I assure you, conscientious performers draw up documents in this way, they have nothing to fear. And scammers simply won’t come to you after such a conversation. And this is the best option!

On a note

Affected consumers can seek free consultation at the Ekaterinburg Municipal Consumer Protection Center: st. Malysheva, 31a. Autoinformer: (343) 371-13-16.

Major repairs in Moscow: who will answer your questions

Photo: TASS/Sergey Fadeichev

Major renovation work in Moscow began last year. But often work is not completed on time, it is done poorly or not done at all. Where and who you can contact if this happens in your home - in the material m24.ru.

"Our town"

The “Our City” portal was created on the initiative of Sergei Sobyanin. Using the service, you can monitor the timeliness and quality of work carried out in the city, report violations found, and offer work to improve courtyard areas. During the existence of the portal, more than a million problems have been solved, and almost 43 thousand requests from Muscovites are currently being processed.

To complain about problems associated with major home repairs, you need to register on the portal. Then everything is simple: you need to specify a keyword or phrase that characterizes the appeal, or select “apartment buildings” in the object categories. Also note the problematic topic: the work was not completed or partially completed, not completed on time or of inadequate quality. After this, you need to either indicate the address of the house, or select it from the list or on the map. And then the most important thing is to describe the problem. In addition, you can attach five photos.

Photo: TASS/Alexander Shcherbak

You will have to wait 15 days for a response to your message. This is longer than for other requests: you can find out about their decision after 8 days. In June of this year, nine complaints were filed related to poor quality work. Two complaints are pending until the problem is confirmed by a resident of the house, and the rest have already been resolved. Thus, problems related to the operation of the elevator and cold water supply systems, leakage of hot water supply risers, and holes in the walls after replacing electrical networks were corrected.

In the mobile application for iOS, Android or Windows Phone, you can currently only report problems related to poor quality maintenance of a residential building.

Fund for capital repairs of the city of Moscow

On the website of the Capital Repair Fund there is a section “Electronic Reception”, where you can send an application electronically. The application will be considered by the executive authorities of the capital, that is, the Department of Housing and Communal Services and Public Improvement and the Moscow Housing Inspectorate.

You can attach no more than 10 documents to your application (the format of acceptable files is indicated on the website). The answer can be received either by email or postal address.

Photo: m24.ru/Roman Balaev

In addition, the application will not be accepted if there is no information about the last name, first name, patronymic (if any), if the email address is incomplete or incorrect, if the application contains obscene or offensive language, threats to the life, health and property of an official.

State Housing Inspectorate

If you need to complain about unfair work, you can use the electronic reception on the website of the Moscow Housing Inspectorate. The rules for accepting applications are the same as those of the Capital Repair Fund. The application can be left either on the inspection website or sent to the address, and the Moscow Housing Inspectorate does not correspond with citizens by e-mail.

You can also send an appeal by mail addressed to the head of the Moscow Housing Inspectorate, Oleg Vladimirovich Kichikov, at the address: 129090, Moscow, Mira Avenue, 19, building 1.

The application must indicate the reason for the appeal, if possible, briefly and without unnecessary details that are not related to the problem. It is recommended to attach copies of previous requests with responses from authorized persons and write a contact number. If the application does not indicate the surname and address, then it is considered anonymous and will not be accepted for consideration. The more necessary information is provided in the request, the faster it will be considered and the problem will be resolved.

Photo: TASS/Anton Novoderezhkin

In addition, you can personally contact the heads of the Moscow Housing Inspectorate and the heads of departments in Moscow districts. If the problem is not resolved at the level of inspections, which are part of the structure of the Moscow Housing Inspectorate, then you can contact the deputy chiefs. You can find out when to file your complaint on the housing inspection website.

Moscow Housing Inspectorate hotline, information: 8 (499) 763-18-56.

detailed information

All the necessary information about major home renovations can be found on the Moscow government services portal. The service allows you to learn about ways to form a capital repair fund, the grounds for including a house in a regional program, calculations and payment of contributions for a house, and deadlines for completing work.

To search for information, you must indicate the address and payer code (if applicable). If the house was excluded from the regional program or not included, then the user can find out the reasons why his house was not included in this list.

Victoria Senichkina

Topics: Major renovations in residential buildings, Convenient city: everything you need to know

How to write a complaint to Rospotrebnadzor

A complaint should be filed with Rospotrebnadzor if none of the previously submitted appeals led to a resolution of the issue on the merits. The document reflects the essence of the problem, the result of consideration of the claim by the management company, the operator or the State Housing Property Inspectorate.

You can also complain if the shortcomings of the overhaul were not identified immediately, but after a certain time. The minimum period for maintaining the facility in proper condition after major repairs is 5 years (Article 182 of the Housing Code of the Russian Federation).

Methods of contact:

1. By phone.
2. Personal reception by specialists of territorial departments and departments. Address for residents of the capital: 129626, Moscow, lane. Grafsky, 4, bldg. 2, 3, 4.
3. By mail. Address of the Main Directorate of Rospotrebnadzor: 127994, Moscow, per. Vadkovsky d. 18, pp. 5 and 7.
4. Through the website: www.rospotrebnadzor.ru using the “Acceptance of requests” function.