As you know, May 8, 2015 order of the Ministry of Construction RF No. 882 / pr “On approval of information disclosure forms by organizations operating in the field of apartment building management” was registered with the Ministry of Justice and entered into force on the 25th.
This order contains a list of 13 forms, which, according to clause 2 of Decree of the Government of the Russian Federation No. 988 of September 27, 2014 “On Amendments to the Information Disclosure Standard ...” must be filled out and placed in in electronic format on the website of the Housing and Utilities Reform, and on the stand in the office of the management company in printed form.
In other words, now all information about the activities of your company should be open and transparent not only for the inspection authorities, but also for the residents covered by this Criminal Code. Moreover, the information is laid out not in an arbitrary format as before, but in the forms approved for this by the Ministry of Construction.
Forms must be completed both electronically and printed on paper. A paper version is necessary to issue an information stand in the office of your company. Electronic variant will be stored on the site. Housing reform and on . So, more about these forms.
Form creates content
All forms marked 1 relate directly to the activities of your management company. And the forms marked 2 relate directly to information about each MKD. Note that all forms starting with 2 , are filled for each individual apartment building.
Where and how to fill out forms
As we said earlier, forms are filled out in 3 places (Housing and communal services reform, the website of the Criminal Code, stands). Let's take a closer look at how to fill out all these forms on the Housing Reform website. First, you need to register there. After registration, you will open Personal Area to fill in personal data.
On the right there will be a button "Go to information disclosure". By clicking on it, you apply for registration of your MC. After its approval and approval, the “Workspace” will open for you, in which, in fact, the entire workflow will take place. Please note that you must be assigned the status of Administrator of the MA on the site so that you can enter and correct your data.
Now let's go directly to Workspace". To the left of you is a panel with sections. You need to go to the "Disclosure" section. In the "Management of operators" subsection, you need to specify the name of your UK, TIN, your name and address Email.
Next, go to the second subsection "My organizations". An Organization Questionnaire will open here, in which you need to fill in all the indicated fields, especially those marked with *. On the left you will again have a panel with subsections "Requisites", " General information”, “Main financial indicators”, “Violations”, “Licenses”, “Archive of questionnaires”.
For all these subsections, you need to click and fill in all the indicated columns. After filling out, do not forget to save your actions.
In the subsection "My houses" information is already indicated for all MKDs that you manage. The Home Profile tab will open. On the left, the "Passport" panel will again be available with subsections: "General information", "Constructive elements", " Engineering systems”, “Elevators”, “Metering devices”.
You will need to go through all these tabs and fill in all the proposed columns. Bring in as many houses as you have under contracts. For each house, information is filled in separately. No field should be left blank.
Next, we fill in all the columns in the sections “Management”, “Works / Services Performed”, “Utilities”, “Common Property”, “Information on Major Repairs” and “General Meetings of Owners”. When you are done with the first house, move on to the second. And so on until the end.
Section "Management reports". Here, too, there are subcategories that are required to be filled out. Go through all the subsections "General Information", "Works/Services Performed", "Claims for the Quality of Works", "Volumes for Utilities", "Utilities", "Claims and Litigation Work". These are reporting documents, so here you need to provide information about the work done or upcoming.
Well, the last section in this category “Archive of questionnaires” requires you to enter information about the past reporting quarterly and annual periods. That is, all the same information is entered for each house as in the previous sections, but with reference to closed reporting periods.
Then there is the "Advanced" tab. Here you need to specify the history of management of each house in the tab of the same name. That is, in the fields provided for filling, write down the subject, his address, the name of his management company, the common house area, the date of commencement and termination of management under the contract. And so on for each individual MKD in your department.
If one of your houses moved to another management company or, conversely, came to you from some management company, then this must also be indicated. For this there is a special subsection "Transfer of control".
That seems to be all that needs to be filled in. Yes, it is a long, painstaking and tedious job. But by filling out all these fields once, you can get all the information on your MC website through integration with our platform, as well as print all the completed forms on paper.
All work takes place in automatic mode, you no longer have to drive in anything manually.
Read the article on how to create a website of the Criminal Code from the available data on the Housing and Utilities Reform in 10 minutes and print materials for stands.
MINISTRY OF CONSTRUCTION AND HOUSING AND UTILITIES
FARMS OF THE RUSSIAN FEDERATION
ORDER
ABOUT THE APPROVAL OF FORMS OF INFORMATION DISCLOSURE
In accordance with paragraph 2 of the Government Decree Russian Federation dated September 27, 2014 No. 988 "On Amendments to the Information Disclosure Standard by Organizations Operating in the Field of Management of Apartment Buildings" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2014, No. 40, item 5437) I order:
1. Approve the attached forms of information disclosure by organizations operating in the field of management of apartment buildings (hereinafter - the forms).
2. The State Corporation - the Foundation for the Promotion of the Reform of the Housing and Communal Services, within 30 days from the date of entry into force of this order, finalize the official website on the Internet, intended for the disclosure of information by organizations operating in the field of managing apartment buildings - reformagkh.ru, according to the forms.
3. To impose control over the implementation of this order on the Deputy Minister of Construction and Housing and Communal Services of the Russian Federation A.V. Lapwing.
__________________________________________________
Approved
by order of the Ministry of Construction
and housing and communal services
Russian Federation
DISCLOSURE FORMS
ORGANIZATIONS CARRYING OUT ACTIVITIES IN THE SPHERE MANAGEMENT OF APARTMENT BUILDINGS
Forms of information disclosure by organizations operating in the field of apartment building management (hereinafter referred to as the forms) provide for detailing the types of information provided for in paragraph 3 of the Information Disclosure Standard by organizations operating in the field of managing apartment buildings, approved by Decree of the Government of the Russian Federation dated September 23, 2010 No. 731 "On approval of the information disclosure standard by organizations operating in the field of management of apartment buildings" (Collected Legislation of the Russian Federation, 2010, No. 40, Art. 5064; 2011, No. 25, Art. 3595; 2012, No. 7, Art. 875; No. 35, Art. 4834; 2013, No. 31, Art. 4216; 2014 , No. 9, item 919; No. 14, item 1627, No. 40, item 5437) (hereinafter referred to as the Standard), which ensures that the owners of premises in an apartment building fully exercise their powers.
Information is posted by organizations operating in the field of managing apartment buildings on the basis of a management agreement for an apartment building, homeowners associations, housing cooperatives and other specialized consumer cooperatives that manage an apartment building without concluding a management agreement (hereinafter referred to as the management organization, partnership, cooperative) on the official website on the Internet, determined by the authorized federal body executive branch, as well as on a site selected by the managing organization, partnership or cooperative from among the sites specified in subparagraph "a" of paragraph 5 and subparagraph "a" of paragraph 5(1) of the Standard, in accordance with the parameters of these forms.
_________________________________________________
Form 1. Information about the managing organization, partnership, cooperative
Form 1.1. General information about the managing organization, partnership, cooperative
Form 1.2. Information on the main indicators of the financial and economic activities of the managing organization, partnership, cooperative
Form 1.3. Information on bringing the managing organization, partnership, cooperative to administrative responsibility for violations in the management of apartment buildings (filled in for each fact of involvement)
Form 1.4. List of apartment buildings managed by a managing organization, partnership, cooperative
Form 1.5. The list of apartment buildings in respect of which management agreements with the managing organization were terminated in the previous calendar year; a list of apartment buildings, the owners of premises in which, in the previous calendar year at a general meeting, decided to terminate their association into partnerships for the joint management of common property in apartment buildings, as well as a list of apartment buildings in which members of cooperatives in the previous calendar year at their general meeting decisions were made to transform cooperatives into partnerships
Form 2. Information about the apartment building managed by the managing organization, partnership, cooperative (filled in for each apartment building)
Form 2.1. General information about the apartment building
Form 2.2. Information about the main structural elements apartment building, equipment and systems of engineering and technical support, which are part of the common property in an apartment building
Form 2.3. Information on the work performed (services rendered) for the maintenance and repair of common property in an apartment building, other services related to the achievement of the goals of managing an apartment building (to be completed for each work performed (service provided))
Form 2.4. Information about the utility services provided (to be filled in for each utility service)
Form 2.5. Information on the use of common property in an apartment building (filled in for each common property used)
Form 2.6. Information about the overhaul of common property in an apartment building
Form 2.7. Information about the general meetings of owners of premises in an apartment building (to be filled in for each meeting of owners of premises)
Form 2.8. Report on the execution of the management agreement by the managing organization, as well as a report on the fulfillment by the partnership, cooperative of estimates of income and expenses for the year
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> Hello A1-7! Please explain the procedure for filling in some lines of form 2.8 of the management company's report on the implementation of the management agreement. I want to understand and verify the information posted by the Criminal Code on the Housing Reform website on the maintenance and current repairs in the MKD for 2015. (...). Specifically, I am interested in filling out the form on lines 21-22, and then transcribing the works from these lines on lines 23-26. In the report of the management company, posted on the official website on the Internet "housing and communal services reform", I did not find a single detailed work expressed in natural terms - neither a square, nor a linear, nor a cubic meter, nor hours - the work is measured in "pieces". I found the same thing in the reports of some Criminal Codes of the cities of Uzbekistan. But without this information, it is impossible to understand and check the scope of work in physical terms!
- Hello, Alexander!
The actual volume of work on the maintenance and repair of housing in natural units of measurement is really not shown here. Obviously this is how the developers intended it. this report.
What is shown in the maintenance and repair of housing:
Name of work - Performer - Periodicity.
What is shown for utilities:
Volumes in the form are shown.
Movement is also shown Money, Technical information about the house, which can be attributed to the merits of this report.
- AT this case"irremovable doubts" will be interpreted in favor of the party receiving these reports. Accordingly, the Fund for Assistance to Housing and Public Utilities Reform could give clarifications.
- Haven't seen the official ones.
- I can analyze the report based on the initial data sent. On a contractual basis. I will point out the shortcomings and controversial points in the reports, if any. This information can be useful when holding general meetings, when interacting with the management company, when planning changes.
The final price will be named after getting acquainted with the volume of the submitted documentation and the goals of the analysis you set.
From a practical point of view, the analysis of indicators in dynamics is also of interest. Accordingly, it is better to take reports for a number of years. And take the entire range of reports available to you (different forms).
We have experience in this work. Who is interested, please write to e-mail.
- Obligation is provided for by Part 11 of Art. 162 ZhK RF. Its form is the subject of the contract. Strictly speaking, the Criminal Code was not required to apply the form under Order No. 411 / pr before, either. it is called "exemplary". But after the publication of the second order, the value of the first decreased even more, although it has not been canceled.
"Disclosure" is a separate process. Therefore, published individual instructions, special shapes.
They are just different, these forms:
Order No. 411 / pr - " Approximate form management company's report.
Order No. 882 / pr - "Forms of information disclosure by managing organizations."
- Please.
| Form 1. Information about the managing organization, partnership, cooperative | |||
| Form 1.1. General information about the managing organization, partnership, cooperative | |||
| No. p / p | Parameter name | Unit rev. | Meaning |
| 1. | — | 27.05.2015 / 04.06.2015 / 30.12.2015 / 19.05.2016 / 06.02.2018 | |
| General information about the organization | |||
| 2. | Brand Name legal entities a (according to the charter of the organization) | — | Limited Liability Company Management Company"Housing and communal services Verkh-Tulinskoye" |
| 3. | short name | — | OOO UK "HKH Verkh-Tulinskoye" |
| 4. | Full name of the head | — | Volk Svetlana Evgenievna |
| 5. | Main state registration number/ main state registration number of an individual entrepreneur (OGRN / OGRNIP) | — | 1125476086450 |
| 6. | Taxpayer Identification Number (TIN) | — | 5433188961 |
| 7. | Place state registration legal entities (legal address) | — | |
| 8. | Mailing address | — | region Novosibirsk, district. Novosibirsk, p. Verkh-Tula, st. Sovetskaya, 3 |
| 9. | E-mail address | — | [email protected] |
| 10. | Official site on the Internet | — | website |
| 11. | The address of the actual location of the governing bodies | — | region Novosibirsk, district. Novosibirsk, p. Verkh-Tula, st. Sovetskaya, 3 |
| 12. | Contact phones, fax | — | 2933-248 Accounting 2933-146 Reception 2933-184 Cash desk |
| 13. | Working hours, including hours of personal reception of citizens | — | Saturday, Sunday closed The cash desk is open every second Saturday of the month from 8:00 a.m. to 12:00 p.m. Reception of citizens Friday from 10-00 to 12-00. |
| 14. | Information about the work of the dispatch service: | — | Monday 8:00 to 17:00 Lunch break 12:00 to 13:00 Tuesday 8:00 to 17:00 Lunch break 12:00 to 13:00 Wednesday 8:00 to 17:00 Lunch break 12-00 to 13-00 Thursday from 8-00 to 17-00 lunch break from 12-00 to 13-00 Friday from 8-00 to 14-00 without lunch Saturday, Sunday closed |
| 15. | - address | — | Novosibirsk region, district Novosibirsk, p. Verkh-Tula, st. Sovetskaya, 3 |
| 16. | — Contact phone numbers | — | 2933-221 Dispatching office of LLC Management Company "Housing and communal services Verkh-Tulinskoye". 2933-966 Unified Dispatch Service |
| 17. | - operating mode | — | Monday 8:00 to 17:00 Lunch break 12:00 to 13:00 Tuesday 8:00 to 17:00 Lunch break 12:00 to 13:00 Wednesday 8:00 to 17:00 Lunch break 12-00 to 13-00 Thursday from 8-00 to 17-00 lunch break from 12-00 to 13-00 Friday from 8-00 to 14-00 without lunch Saturday, Sunday closed |
| 18. | Share of participation of the subject of the Russian Federation in the authorized capital of the organization | % | 0 |
| 19. | Participation share of the municipality in the authorized capital of the organization | % | 0 |
| 20. | Number of houses under management | units | 5 |
| 21. | Area of houses under management | sq.m. | 10785,3 |
| 22. | Staff number (determined by the number of concluded employment contracts), incl. administrative staff, engineers, workers | people | 16 |
| 23. | Charter of a homeowners association or cooperative | — | — |
| Information about the license to carry out activities for the management of apartment buildings (to be completed for each license) | |||
| 24. | License number | — | 054-000031 |
| 25. | Date of receipt of the license | — | April 17, 2015 |
| 26. | Authority that issued the license | — | State Housing Inspectorate of the Novosibirsk Region |
| 27. | License Document | — | |
| 28. | License application document | — | No |
| Form 1.2. Information on the main indicators of the financial and economic activities of the managing organization, partnership, cooperative | |||
| No. p / p | Parameter name | Unit rev. | Meaning |
| 1. | Date of completion/modification | — | 05/27/2015/05/19/2016/ 01/16/2017/ 03/23/2017/ 02/22/2018 |
| 2. | Start date of the reporting period | 01.01.2015 | |
| 3. | Date of the end of the reporting period | 31.12.2015 | |
| Information on the main indicators of financial and economic activity | |||
| 4. | Annual financial statements | — | Balance sheet 2014 |
| 5. | Information on income received for the provision of services for the management of apartment buildings (according to separate accounting of income and expenses) | rub. | 2015 |
| 6. | Information on expenses incurred in connection with the provision of services for the management of apartment buildings (according to separate accounting of income and expenses) | rub. | 2015 |
| 7. | The total debt of the managing organization (individual entrepreneur) to resource-supplying organizations for communal resources, including: | rub. | 0 |
| 8. | — thermal energy, including: | rub. | 0 |
| 9. | – thermal energy for heating needs | rub. | 0 |
| 10. | – thermal energy for the needs of hot water supply | rub. | 0 |
| 11. | - cold water | rub. | 0 |
| 12. | – water disposal | rub. | 0 |
| 13. | — gas supply | rub. | 0 |
| 14. | - Electric Energy | rub. | 0 |
| 15. | — other resources (services) | rub. | 0 |
| 16. | Estimated income and expenses of a partnership or cooperative | — | — |
| 17. | Report on the implementation of the estimate of income and expenses of the partnership or cooperative | — | — |
| Form 1.3. Information on the involvement of managing organizations, partnerships, cooperatives, officials of these organizations, partnerships, cooperatives to administrative liability for violations in the management of apartment buildings | |||
| No. p / p | Parameter name | Unit rev. | Meaning |
| 1. | Date of completion/modification | — | 05/27/2015/01/16/2017/07/03/2017 |
| 2. | Date of bringing to administrative responsibility | — | 1) 08.08.2016 |
| 3. | Person held administratively liable | — | OOO UK "HKH Verkh-Tulinsoke" |
| 4. | The subject of an administrative violation | 1. The proper condition of the roof is not ensured. 2. Preventive testing of power supplies and distribution networks electrical installations at home. 3. The serviceability of sealing the joints of the brickwork of the outer wall is not ensured. Part 2 of Article 14.1.3 of the Code of Administrative Offenses: Implementation entrepreneurial activity on the management of apartment buildings in violation of license requirements. The amount of the fine is from 50,000 to 300,000 rubles. |
|
| 5. | Name of the controlling body | — | State Housing Inspectorate of the NSO. |
| 6. | Number of detected violations | units | 2 |
| 7. | The amount of the fine | rub. | 1) 250 000 |
| 8. | Document on the application of measures of administrative influence | — | Resolution on the appointment of an administrative offense dated 08/08/2016 Case No. 5-453 / 16-2 |
| 9. | Measures taken to eliminate violations and results of administrative impact | — | one). 1. Seal the seam around the ventilation pipe with cement mortar. 2. Sealing the seams of the brickwork of the outer wall of the house in the area of \u200b\u200bflat No. 10 with mortar. 3. Sealing of seams in the brickwork of the outer side of apartment No. 10. 4. Sealing the seam on the slate with silicone sealant in the area of \u200b\u200bflat No. 10-12. 5. Sealing a crack in the slate with a waterproof sealant According to the acts of work performed.2) Part 2 of Article 14.1.3 of the Code of Administrative Offenses: Carrying out entrepreneurial activities for the management of apartment buildings in violation of licensing requirements. The amount of the fine is from 50,000 to 300,000 rubles. |
| Form 1.4. List of apartment buildings managed by a managing organization, partnership, cooperative | |||
| No. p / p | Parameter name | Unit rev. | Meaning |
| 1. | Apartment building address | — | |
| 2. | Basis of management | — | 1. Management contract with. Verkh-Tula street 1 block 2
2. Management contract with. Verkh-Tula st.2 block d.3 3. Management contract with. Verkh-Tula st. Working d.10 5. Contract management p. Tulinsky st. Mira 1A |
| 3. | Management start date | — | |
| Form 1.5. The list of apartment buildings in respect of which management agreements with the managing organization were terminated in the previous calendar year, the list of apartment buildings, the owners of the premises in which, in the previous calendar year, at the general meeting decided to terminate their association into partnerships for the joint management of common property in apartment buildings , as well as a list of apartment buildings in which members of cooperatives in the previous calendar year at their general meeting decided to transform cooperatives into partnerships | |||
| No. p / p | Parameter name | Unit rev. | Meaning |
| 1. | Apartment building address | — | 1. st. Zhilmassiv, 12 2. Zhilmassiv st., 11 3. street Working d.26 4. st. Raduzhny microdistrict, 17/1 |
| 2. | Management start date | — | 1. 01.12.2014 4. 22.04. 2015 |
| 3. | Management end date | — | 1. 23.12.2015 4. 06.06.2017 |
| 4. | Grounds for terminating control | — | Protocol 07 of December 23, 2015 Zhilmassiv 12 Protocol No. 01 dated 05.02.16. zh.m.11, ) (links) Form 2.1. General information about the apartment building Form 2.2. Information about the main structural elements of an apartment building, equipment and engineering support systems that are part of the common property in an apartment building Form 2.3. Information on the work performed (services rendered) for the maintenance and repair of common property in an apartment building, other services related to achieving the goals of managing an apartment building Form 2.4. Information about the provided public services Form 2.5. Information about the use of common property in an apartment building Form 2.6. Information about the overhaul of common property in an apartment building Form 2.7. Information about the general meetings of owners of premises in an apartment building Form 2.8. Report on the fulfillment by the managing organization of the management agreement, as well as on the fulfillment by the partnership, cooperative of estimates of income and expenses |
On May 25, 2015, the Order of the Ministry of Construction of the Russian Federation of December 22, 2014 No. 882/pr came into force, which approved the forms of information disclosure expected by December 1 of last year. In general, the procedure for filling them out should not cause difficulties, especially since they also contain some explanations. Let us dwell in detail only on individual fields.
According to the disclosure of the Criminal Code, HOA and ZhSK information on the Internet sites specified in pp. "a" p. 5(on the site www.reformagkh.ru and another site at the choice of the MC - the site of the MC itself, the site of the regional authority or the site of the local government) and pp. "a" n. 5 (1)(on the website www.reformagkh.ru and another website at the choice of the HOA - the website of the regional authority or the website of the local government), is carried out according to the forms approved by the Ministry of Construction. At the same time, due to item 8 of the same document, information is disclosed by the Criminal Code, HOA, ZhSK in the forms approved by the Ministry of Construction. Specified Forms should provide for details of the types of information provided for item 3 standard, which ensures that the owners of the premises in the MKD fully exercise the powers of the owners.
The second norm is more general, and it follows from it that the disclosure of information on all sources, and not only on Internet sites, is carried out exclusively according to approved forms.
Terms of completion
Based Clause 16 of the Disclosure Standard changes made to disclosed information, are subject to publication in the same sources in which the relevant information was originally posted, within the following periods:- on websites - within seven working days from the date of change of information;
- in official print media - within 30 days from the date of change of information;
- at information stands - within 10 working days from the date of change of information.
Information on the main indicators of financial and economic activity
It is very important that now there is clarity about the disclosure of information about the main indicators of financial and economic activity. The first footnote to form 1.2 indicates that such information is disclosed annually during the first quarter of the current year for prior year, in which the UK, HOA, ZhSK carried out activities to manage the MKD. Taking into account this explanation, in the current questionnaire of the organization, the start date of the reporting period is 01/01/2015, the end date of the reporting period is 12/31/2015. At the same time, information on income (expenses) received for the provision (incurred in connection with the provision) of services for the management of MKD (according to the data of separate accounting of income and expenses) is formed on an accrual basis and should be disclosed for the reporting period - 2015. Therefore, before the end of the year, there is no reason to fill in the corresponding fields.As for the second group of indicators, also disclosed in Form 1.2, namely, the debt of the management company to the RNO for utility resources (in total and broken down by type of resource), the explanations for the corresponding fields indicate that the amount of debt for the reporting period should be disclosed. However, since the amount owed is fixed at the balance sheet date, the words "debt for the reporting period" do not make sense. Due to the fact that the indicators should be disclosed based on the results of the calendar year, the amount of debt should be shown as of 12/31/2015. It turns out that during the year the indicator is not filled.
Here we pay attention to the explanation in the order of filling in the indicators of debt to the RSO: in the case of a direct supply of a communal resource to consumers, a zero value is indicated. It appears that we are talking about the situation when RSO acts as a contractor of utility services for consumers. With the chosen method of management of the management company (HOA), this is possible if the new manager has not yet concluded a resource supply agreement ( pp. "b" clause 17 of the Rules for the provision of public services) and the RSO independently conducts settlements with the owners of the premises (see the answer to question 9 of Review of the judicial practice of the Supreme Court of the Russian Federation 1 (2014) approved by the Presidium of the Armed Forces of the Russian Federation on December 24, 2014). In all other cases, it is the MC that acts as the executor and must have all necessary information. If the owners of the premises have switched to direct settlements with RSO, this does not change legal status manager as a contractor of public services, the only question is information exchange between the manager and RSO.
Information about bringing to administrative responsibility
With regard to filling out form 1.3, devoted to data on bringing the management company, HOA, housing cooperative and their officials to administrative responsibility, managers may have a question: for what period should the information be disclosed according to new forms? To answer it, it should be remembered that information posted on Internet sites must be available for five years ( Clause 6 of the Disclosure Standard). Until 05/25/2015, managers had to post information in the previous forms, but in a new (actual from 12/01/2014) volume. Thus, it seems that new violations (for which the obligation to disclose information arose after 05/25/2015) should be covered in new forms, and all the rest, if data about them are stored on the site, should not be re-disclosed.Management contract
When disclosing information about the management agreement (Form 2.1), it is required to indicate the date of its conclusion, the date of commencement of management of the house and attach a copy of the management agreement in electronic form as a file.In accordance with paragraph 1 of Art. 432 of the Civil Code of the Russian Federation the contract is considered concluded if the parties have reached an agreement on all essential terms of the contract in the form required in the relevant cases. An agreement in writing can be concluded by drawing up one document signed by the parties, as well as by exchanging documents by postal, telegraph, teletype, telephone, electronic or other communication, which makes it possible to reliably establish that the document comes from the party under the agreement ( paragraph 2 of Art. 434 of the Civil Code of the Russian Federation). The housing code contains special requirements to the form of an MKD management agreement: it is concluded in writing or in electronic form using the system by drawing up one document signed by the parties (Part 1 Art. 162). Thus, the decision made by the general meeting of the owners of the premises on the terms of the management contract, drawn up in the minutes, is not yet the conclusion of the contract. According to the same norm, owners of premises with more than 50% of the votes from total number votes of the owners of the premises in this house, act as one side of the contract. From this we can conclude that the management agreement is considered concluded from the moment when it was signed by the owners with more than 50% of the votes.
The date of commencement of management should be considered the date when the management company began to execute the contract (in particular, it began to provide services for the maintenance of common property). AT parts of 7 art. 162 ZhK RF it is stated that it is necessary to start implementing the management agreement no later than 30 days from the date of its signing (it seems that we are talking about signing, again, by the owners with a majority of votes), unless a different period is established by the management agreement itself.
Regarding the publication of a copy of the MKD management agreement, in practice, a completely logical question arises as to what exactly is placed: a management agreement template (due to Part 4 Art. 162 ZhK RF the terms of the MKD management agreement are set the same for all owners of the premises in the house) or an agreement signed by the owners of the premises. In our opinion, a template that reflects the conditions for a particular house is enough. If you want to place a signed contract, you should remember the need to comply with the legislation on the protection of personal data.
Overhaul Information
Form 2.1 should indicate the method of forming the capital repair fund. The explanation notes that the method chosen by the owners of the premises in accordance with Art. 170 ZhK RF, the field is filled with the chosen method formation of a capital repair fund. Meanwhile, in many houses, the owners of the premises themselves did not make such a decision, the LSG did it for them ( Part 7 Art. 170 ZhK RF). It seems that in this situation, the method of formation of the fund still needs to be specified.Special form 2.6, devoted to information about the overhaul, remains empty if the fund is formed on the account regional operator("boiler method"). If the fund is formed on a special account (it doesn’t matter if the UK or a regional operator) and the UK is instructed to organize a major overhaul of the house, the form must be filled out. Homeowners associations and housing cooperatives disclose information if the fund is formed on a special account.
Information about services and works for the maintenance and repair of common property
Form of the same name 2.3 in the final version Order of the Ministry of Construction of the Russian Federation No. 882/pr significantly different from the original version available on the Internet. Now the management company should disclose for each work (service) its name and annual planned cost. Form authors abandoned the fields that indicated the unit of measure, cost per unit of measure, date of validity fixed size fees, the basis for establishing the cost, the frequency of provision and, most importantly, the performer of works (services). By the way, almost all of this data had to be disclosed before 12/01/2014, but even now they appear in the report on the implementation of the management agreement (form 2.8).Due to the fact that the specifics of the maintenance of common property in the MKD is due to the seasonality of many services and works, it is possible to consider the maintenance service fully rendered only at the end of the year, and since the fee is set for at least a year, when determining the amount of the fee, the annual cost of each work (service) is initially determined , then it is divided into 12 months and the total area of residential and non-residential premises in the house. As a result, after summing up the rate of payment for all works (services), the amount of payment per month per 1 sq. m area of the owner's premises.
Please note that you need to fill out this form for each house, even if you use the same parameters for the MKD group.
Information about the use of common property
Form 2.5 contains many fields, but they must be filled out as part of the disclosure of information about the management of MKD, while meeting two conditions.Firstly, the object must be transferred for use to third parties, and it does not matter whether it is paid or free of charge (if the object is not transferred to anyone for use, but is used by the owners of the premises themselves in connection with the use of the premises themselves, it makes no sense to list such objects).
Secondly, representatives of the MKD manager must participate in general meetings at which a decision is made on the transfer of common property for use, and (or) the management company must be entitled to conclude agreements with users of common property. In this case, all circumstances related to the transfer of common property to third parties are described in detail. If the manager did not take part in the meeting and did not enter into relations with the user of the common property, only the first part of the form (lines 1-4) should be filled in, which only describes the element of the common property transferred for use (name, purpose, area).
Information about general meetings of owners of premises…
... is also disclosed only in case of participation in these meetings of officials of the Criminal Code, HOA, ZhSK. Managers have a question about the period for which data should be posted on the website www.reformagkh.ru. First of all, it must be said that until December 1, 2014, only the minutes of general meetings of members of HOAs and cooperatives should have been published. The requirement to disclose information about general meetings of owners of premises appeared in Disclosure Standard from 01.12.2014, respectively, it applies to meetings held from that date. Thus, if the website contains data on meetings held between 01.12.2014, new form need to disclose information about new meetings. By the way, it is known that some managers, who want to insure themselves before checking license requirements, posted on their website electronic copies minutes of all meetings held during the management period.Report on the execution of the management agreement by the management company
Perhaps this is the most interesting form. After all, it is precisely on this basis that the management company must now report to the owners of the premises at all sources of information disclosure (and additionally in a different form, if it is approved by the concluded management agreement). This report provides information separately for each MKD for the past calendar year, which is disclosed during the first quarter of the next year ( 9(3) of the Disclosure Standard). This means that if the report for 2014 was posted on the website www.reformagkh.ru on time and was preserved during the technical work, the next report will be published only at the end of 2015.Please note that the form consists of several sections, which can be broadly combined into three groups:
- information about services and works for the maintenance and current repair of common property;
- information about utilities;
- information on the conduct of claims and lawsuits in relation to consumers-debtors.
Let's start with the maintenance and current repair of common property. We emphasize that when disclosing most indicators, it is allowed to indicate zero values. First of all, information is disclosed on advance payments and debts of consumers both at the beginning and at the end of the reporting period. Advance payments should be understood as amounts actually paid by consumers in an amount exceeding accruals. Accordingly, the debt of consumers is the excess of charges over actually made payments. Since the payment for housing and utilities is accrued at the end of the month, and most consumers pay it at the beginning of the next month in accordance with the law and the contract, a debt in the amount of the monthly payment will be recorded at the end of the reporting period. By the way, it is important to understand that some consumers may be in arrears, and some may make an advance payment. Therefore, both fields can be filled in the report at the same time. However, such information should be in accounting, even if a single counterparty “population” is adopted in the accounting program, and analytical accounting for the owners of premises is organized in another software product or even outsourced.
Special attention should pay attention to such an indicator as carry-over cash balances at the beginning of the reporting period. In order to complete given field indicated what is meant here the amount of funds not used for the previous reporting period for the apartment building, formed as a result of the payment by consumers for services (work) for the maintenance and current repair of common property in the MKD and transferred to the current (subsequent) reporting period. The same way discloses the indicator at the end of the reporting period. It seems that we are talking about the amounts of fees to certain funds (for example, to the current repair fund, created by decision of the general meeting and described in detail in the management agreement), which will certainly be used in another reporting period. This article of information disclosure may be especially relevant for non-profit associations of citizens. Moreover, it must reflect the actually paid (and not accrued, presented for payment in payment documents) amounts that are transferred from one period to another.
Next, you need to indicate the amounts accrued to consumers in this MKD for services (works) for the maintenance and current repair of common property, the total amount (meaning the amounts billed to consumers for payment in payment documents) and broken down by type of service: separately for home maintenance, current repairs, management services. This approach once again confirms that the MKD management service should be separated in the contract. However, in fairness it should be noted that any of the three indicators can be zero(the explanation says: zero value is allowed).
The next indicator is the total amount of funds received for the reporting period under the MKD for the provision of maintenance and current repairs. It needs to be distributed, but not by type of service, like accruals, but by type of income (any indicator can be zero):
- funds from owners, tenants of premises;
- targeted contributions from owners, tenants of premises;
- subsidies;
- funds from the use of common property;
- other supply.
The question arises: how do the funds received from the owners differ from the targeted contributions of the owners of the premises? Most likely, targeted contributions take place only for HOA and housing cooperatives, in contrast to the management company, in which all income from owners and tenants of premises is a payment for services.
In line 17 “Total funds, including balances” of Form 2.8, the amount of funds received for services (work) for the maintenance of common property in the MKD for the reporting period for the house, taking into account advance payments from consumers and funds not used in such a period, should be given. It seems to be meant here total amount funds actually received by the management company at its disposal for the purpose of maintaining a particular house, which consists of advance payments from consumers at the beginning of the reporting period (line 4), carry-over cash balances at the beginning of the period (line 5) and receipts (line 11).
AT following lines reflects information about the services rendered and the work performed. In line 21 indicate the name of the work (services), in line 22 - their annual actual cost. These indicators, in all likelihood, should be correlated with the data from form 2.3, which also gives the name of the work (services) and their cost, but not actual, but planned. Based on the planned cost, the amount of payment for the maintenance and repair of common property, the amount of accruals are established. What is meant by actual value? Some experts believe that we are talking about the actual costs of the Criminal Code for the performance of work, the provision of services. However, let us disagree with this approach. We are convinced that the management company is not obliged to report to the owners of the premises for the actual amount of expenses incurred in connection with the maintenance and repair of a particular house (such information is disclosed in relation to the entire organization as a whole). Indeed, the increase in prices for contract work, prices of materials, fuels and lubricants, tax rates is not the basis for increasing the amount of payment (the management company has the right only to propose to the owners to change the price of the contract, but they are not obliged to agree), which is directly correlated with the planned cost of work, services. In the same way, the management company's savings on expenses are not recognized as grounds for reducing the amount of fees, and, accordingly, do not lie in the sphere of interests of the owners of the premises. The actual figure may differ from the planned one down due to officially conducted recalculations (due to the provision of services inadequate quality or with unacceptable breaks - the recalculation amount is indicated below in line 30), to a larger one - due to an increase in the amount of the fee during the calendar year. At the same time, the HOA may and even is obliged to disclose information on the actual costs of maintaining and current repairs of common property.
Then it is necessary to detail the information on each work (service) given in line 21, namely, indicate the name, frequency of performance (rendering) (for example, once a year, as needed, weekly, daily, etc.), unit of measure, cost per unit of measure. The explanation notes that the last of the named indicators are filled in if there is information on the detailed work (service).
Utilities
Next, we turn to utilities. Here you also need to start by indicating advance payments, consumer debt at the beginning and end of the reporting period, as well as carry-over balances. It seems that carry-over balances can be understood as the amounts accrued and paid by consumers towards the provision of services in the next year (this is possible in the case of accruing heating fees according to the previous rules with subsequent adjustments). Below you will have to disclose information in the context of each public service separately. The footnote to form 2.8 indicates that the manager fills out this section if he is a utility service provider for consumers in the MKD. As mentioned at the beginning of the article, the transition to direct settlements by the decision of the owners of the premises does not remove the status of a service provider from the manager, as well as the absence of a resource supply agreement, if the manager himself calculates and collects utility bills.
What should the HOA pay attention to?
The information provided is of particular relevance to the Criminal Code, since compliance with Disclosure Standard regarded as license requirement. However, in full this document also applies to HOAs (TSN), housing cooperatives, and other cooperatives that manage MKD. They are required to disclose the same amount of information as the Criminal Code, plus additionally publish annual estimates of income and expenses (line 17 of form 1.1), as well as a report on their implementation (line 18 of form 1.1) in relation to the partnership, cooperative as a whole. Also included in addition general information the charter of a non-profit association of citizens should be disclosed about the company (line 34 of Form 1.1).Interestingly, according to pp. "and" p. 3,3(1) of the Disclosure Standard a report on the execution of estimates of income and expenses of the partnership, cooperative for the year is disclosed in relation to each house, which is managed by the partnership, cooperative. However, there is no space in Form 2.8 to attach such a report, which is necessary if the HOA manages several MKDs and publishes a general estimate of income and expenses for its activities and a report on its implementation. But in any case, all indicators from Form 2.8 must be filled in by each manager: UK, HOA, ZhSK.
The effective forms of disclosure of information on the management of MKDs should facilitate the work of managers of MKDs, since they contain specific requirements. Previously, local inspectors, taking advantage of the legal vacuum, put forward the most diverse and not always justified claims to the disclosure of information in a new volume according to the previous forms on the website www.reformagkh.ru.
Approved by Decree of the Government of the Russian Federation of September 23, 2010 No. 731.
For more details, see the section "Analytical accounting for account 62" in the article by E. A. Peshcherskaya "Principles accounting in housing and communal services” (No. 1, 2015, p. 20).
