Housing Code 161.1. Choice and legal status of the MKD council

In today's article we decided to talk about the legal status and election of the MKD council. In general, what is this organ, is it needed and how to choose it if necessary? Perhaps a house council is not needed at all and only an initiative group or a meeting of premises owners is enough to resolve issues on the agenda?

The MKD Council is a body that protects and defends the interests of the owners of premises in the house. The house council can be elected by decision owners of premises in apartment buildings in the apartment building that is managed by the Criminal Code (Part 1 of Article 161.1 of the Housing Code of the Russian Federation). That is, if a TSN, housing cooperative or other specialized consumer cooperative has been created in the house, then the MKD council can no longer be elected.

The MKD Council is elected for 2 years, unless a different period is established by the decision of the OSS (Part 10, Article 161.1 of the Housing Code of the Russian Federation). He can be re-elected at a general meeting of owners. The number of members of the council of apartment buildings is determined by the decision of the general meeting of premises owners (Part 4 of Article 161.1 of the Housing Code of the Russian Federation).

The decision to elect the MKD council is made within a year from the moment the house is put into operation. If the decision is not made or not implemented, then the local government body convenes within 3 months general meeting of owners of premises in the apartment building to select the council of the MKD (Part 2 of Article 161.1 of the Housing Code of the Russian Federation).

Apartment building council Maybe:

ensure compliance with the decisions of the OSS;
propose to the owners the procedure for using common property, a plan for organizing work for its maintenance and repair, discussion of issues of competence of the council of apartment buildings;
control the performance of work and the provision of services for the maintenance and repair of common property in the apartment building, as well as the quality of the provided utilities;
propose a report on the work done during the year for approval at the annual general meeting of owners;
approve the decision on the current repair of common property in the apartment building, if it was adopted at the OSS by a majority vote (Part 5 of Article 161.1 of the Housing Code of the Russian Federation).

To select an MKD council, you need to use the following algorithm of actions.

Step 1 Initiate a general meeting

The initiator can be any owner of the premises in the apartment building. He must formulate agenda items on the selection of the house council and its chairman, form a list of candidates, determine the date, place and form of the OSS, notify all owners about the meeting (Parts 2 and 5 of Article 45 of the Housing Code of the Russian Federation). To prepare the organization and holding a general meeting of owners It would be advisable to create an initiative group.

Step 2 Inform the owners about the general meeting

10 days before the date of the general meeting, each owner of the premises in this building must be notified. The notice of the OSS can be delivered personally to the owner against signature or sent by registered mail. By agreement with the general meeting of premises owners, you can post a message about the OSS in a publicly accessible place at home (Part 4 of Article 45 of the Housing Code of the Russian Federation).

Step 3 Holding a general meeting of owners

General meeting of owners of premises in apartment buildings can be carried out in the form of in-person, absentee and in-person-absentee voting (Article 44.1 of the Housing Code of the Russian Federation).

If the OCC is held in person, all participants in the meeting must be registered. If a quorum is reached, then the issue of electing the MKD council and its chairman can be considered (Part 6, Article 161.1 of the Housing Code of the Russian Federation).

If a quorum is not reached, an absentee vote is held. Each owner is given a ballot indicating the agenda items that need to be resolved. Owners must submit their written decisions to the place and address indicated in the notice of the OSS (Part 1 of Article 47 of the Housing Code of the Russian Federation).

If the owners decide at the general meeting, it is possible to conduct an OSS on this issue in form of absentee voting using GIS housing and communal services (part 1 of article 47.1 of the Housing Code of the Russian Federation).

The general meeting on the issue of selecting the MKD council can also be held in the form of absentee voting with the possibility of in-person discussion of the agenda and absentee decision-making (Part 3 of Article 47 of the Housing Code of the Russian Federation).

The decision to select the MKD council and its chairman is considered adopted if the majority of OCC participants vote for it. The decision to vest the chairman of the MKD council with the necessary powers is made by at least 2/3 of the votes of the total number of voters (part 1 of article 46, clause 4.3 of part 2 of article 44 of the Housing Code of the Russian Federation).

Step 4 Summing up voting results and notifying owners of the decision made

After summing up the voting results and formalizing the decision on the selection of the MKD council and its chairman OSS protocol, but no later than 10 days later, all owners must be notified of the decision made. The message must be placed in a place in the house accessible to all owners (Part 3 of Article 46 of the Housing Code of the Russian Federation).

The MKD Council is not a legal entity, therefore its registration is not necessary (Article 48 of the Civil Code of the Russian Federation, clause 2 of Article 161.1 of the Housing Code of the Russian Federation). The house council does not own its own property. The body cannot be a plaintiff, defendant or defender of the interests of owners in court. He also cannot acquire and exercise civil rights and bear responsibilities. The MKD council does not have the right to conduct business activities and receive funds from the owners of premises in this building.

To manage the activities of the MKD council, a chairman is elected from among its members (clause 6 of Article 161.1 of the Housing Code of the Russian Federation). Powers of the Chairman of the MKD Council are listed in clause 8 of Article 161.1 of the Housing Code of the Russian Federation.

The functions of the members of the MKD council cannot be entrusted, since all of them are enshrined in the decision and protocol of the OSS (clause 1 of Article 185 of the Civil Code of the Russian Federation). If one of the council members cannot perform the functions assigned to him, then they can only be entrusted by a notary.

But in this case it is necessary to indicate in voting ballots at the choice of the house council, the possibility of transferring powers and notarizing it (clause 3 of article 187 of the Civil Code of the Russian Federation). However, each fact of transfer of functions of a member of the house council is certified by a notary from each owner of the premises in the apartment building. In addition, according to the law, one of the council members cannot be expelled. Despite the fact that the MKD council performs its functions only in full force.

OCC decisions adopted by more than 50% of the total votes

on the timing and procedure for conducting the annual OSS and the procedure for notifying decisions made thereon (Part 1, Article 45 of the RF Housing Code);
on holding a general meeting in the form of absentee voting using the GIS Housing and Communal Services (clause 3.2, part 2, article 44 of the Housing Code of the Russian Federation);
on determining the administrator of the general meeting when conducting an OSS using the GIS Housing and Communal Services (Clause 3.3, Part 2, Article 44 of the Housing Code of the Russian Federation);
on the procedure for the administrator of the general meeting to receive messages about the conduct of the general meeting, decisions on agenda items, and the duration of voting (clause 3.4, part 2, article 44 of the Housing Code of the Russian Federation);
on the procedure for financing expenses associated with convening, organizing and holding a general meeting at the request of an initiative group of owners of premises in an apartment building (clause 3.5, part 2, article 44 of the Housing Code of the Russian Federation);
about choice and change MKD control method(Clause 4, Part 2, Article 44, Part 3, Article 161 of the RF Housing Code);
on the creation of a partnership and approval of its charter (part 2 of article 135, part 1 of article 136 of the Housing Code of the Russian Federation);
on the reorganization of the partnership (Article 140 of the Housing Code of the Russian Federation);
on the liquidation of the partnership if its members do not have more than 50% of the total number of votes of the owners of premises in the apartment building (Part 2 of Article 141 of the Housing Code of the Russian Federation);
on the selection of a management company and determination of the terms of the management agreement for apartment buildings (Part 1 of Article 162 of the Housing Code of the Russian Federation);
on the election and re-election of the council of the apartment building, if a homeowners association, TSN, housing cooperative or other specialized consumer cooperative has not been created in this house (Article 161.1 of the Housing Code of the Russian Federation);
on the use of GIS housing and communal services in the activities of the council of apartment buildings, its chairman, commissions of owners of premises in this building if they are elected (Part 13 of Article 161.1 of the Housing Code of the Russian Federation);
about the amount of payment for maintenance of common property in the apartment building, if a partnership has not been created in it (Part 7, Article 156 of the RF Housing Code);
on payment for all or some utilities in the Russian North Ossetia (Part 7.1, Article 155 of the Housing Code of the Russian Federation);
on the current repair of common property in the apartment building (clause 4.1, part 2, article 44 of the Housing Code of the Russian Federation);
on the conclusion of contracts for the performance of work and the provision of services for the maintenance and repair of common property under direct management (Part 1 of Article 164 of the Housing Code of the Russian Federation);
on the selection of an authorized person on behalf of the owners in relations with third parties during the direct management of the house (Part 3 of Article 164 of the Housing Code of the Russian Federation);
on the place or address of storage of protocols and decisions of the OSS (Part 4 of Article 46 of the RF Housing Code);
on the election of a commission of owners of premises in the apartment building (Part 12, Article 161.1 of the Housing Code of the Russian Federation).

Decisions of the OCC adopted by a majority of at least two-thirds of the total number of votes

on the reconstruction of apartment buildings (extension or superstructure), construction of outbuildings and other buildings, structures, structures;
O major repairs of common property in the apartment building, on the use of the capital repair fund (clause 1, part 2, article 44 of the Housing Code of the Russian Federation);
on the choice of the method of formation and the minimum size of the capital repair fund, the amount of contribution for capital repairs;
on the selection of a person authorized to open a special account at home and carry out transactions with the funds located on it, the selection of a Russian credit institution in which a special account should be opened (clause 1.1, part 2, article 44 of the Housing Code of the Russian Federation);
on obtaining a loan or loan for major repairs of common property in an apartment building;
about the definition essential terms of the loan agreement or a loan agreement, conditions for obtaining a guarantee, surety, payment of interest on a loan or loan, payment from the capital repair fund of expenses for obtaining a guarantee or surety (clause 1.2, part 2, article 44 of the Housing Code of the Russian Federation);
on the use of a land plot under an apartment building, on the introduction of restrictions on use (clause 2, part 2, article 44 of the Housing Code of the Russian Federation);
on the use of common property by other persons, concluding agreements for the installation and operation of advertising structures (clause 3, part 2, article 44 of the Housing Code of the Russian Federation);
on the determination of persons who, on behalf of the owners of premises in apartment buildings, can enter into agreements on the use of common property on certain OSS conditions (clause 3.1, part 2, article 44 of the Housing Code of the Russian Federation);
on vesting the MKD council with the authority to make decisions on routine repairs of common property in the house (clause 4.2, part 2, article 44 of the Housing Code of the Russian Federation);
on vesting the chairman of the council of MKD with the authority to make certain decisions (clause 4.3, part 2, article 44 of the Housing Code of the Russian Federation);
on the creation of a partnership by owners of premises in several apartment buildings, if they are located on land plots with a common border, networks of engineering and technical communications and infrastructure elements for the joint use and maintenance of more than one residential building (Clause 1, Part 2, Article 136 of the Housing Code of the Russian Federation ).

If you have any questions, you can always contact us for advice. We also help management companies comply 731 RF PP on the Information Disclosure Standard(filling out the portal Housing and communal services reform, website of the Criminal Code, information stands) and Federal Law No. 209 (). And it will help to legally correctly hold a general meeting of owners to elect the MKD council.

Yurguru.ru / Housing Code of the Russian Federation / Articles of Section VIII of the Housing Code of the Russian Federation / Article 161.1. Apartment building council

Housing Code of the Russian Federation. Articles of Section VIII of the RF Housing Code

2. In the cases specified in part 1 of this article, provided that during a calendar year the decision to elect the council of an apartment building by the owners of the premises is not made or the corresponding decision is not implemented, the local government body, within three months, convenes a general meeting of the owners of the premises in an apartment building, the agenda of which includes issues on the election of a council of an apartment building in this building, including the chairman of the council of this building, or on the creation of a homeowners’ association in this building.

3. The council of an apartment building cannot be elected in relation to several apartment buildings.

4. The number of members of the council of an apartment building is established at a general meeting of owners of premises in the apartment building. Unless otherwise established by a decision of the general meeting of owners of premises in an apartment building, the number of members of the council of an apartment building is established taking into account the number of entrances, floors, and apartments available in the building.

5. Council of an apartment building:

1) ensures the implementation of decisions of the general meeting of owners of premises in an apartment building;

2) submits to the general meeting of owners of premises in an apartment building, as questions for discussion, proposals on the procedure for using common property in an apartment building, including the land plot on which the house is located, on the procedure for planning and organizing work on the maintenance and repair of common property in an apartment building, on the procedure for discussing draft agreements concluded by the owners of premises in a given building in relation to the common property in a given building and the provision of utilities, as well as proposals on issues of competence of the council of an apartment building, elected commissions and other proposals on issues on which decisions are made does not contradict this Code;

3) submits proposals to the owners of premises in an apartment building on issues of planning the management of an apartment building, organizing such management, maintenance and repair of common property in this building;

4) submits to the owners of premises in an apartment building, before consideration at the general meeting of owners of premises in this building, its conclusion on the terms of the draft agreements proposed for consideration at this general meeting. If a commission is elected in an apartment building to evaluate draft contracts, the specified conclusion is presented by the council of this building together with such a commission;

5) exercises control over the provision of services and (or) performance of work on the management of an apartment building, maintenance and repair of common property in an apartment building and the quality of utilities provided to owners of residential and non-residential premises in an apartment building and users of such premises, including premises, included in the common property in this house;

6) submits a report on the work done for approval to the annual general meeting of owners of premises in an apartment building.

7. The chairman of the council of an apartment building manages the current activities of the council of the apartment building and is accountable to the general meeting of owners of premises in the apartment building.

8. Chairman of the board of an apartment building:

2) brings to the attention of the general meeting of owners of premises in an apartment building the results of negotiations on the issues specified in paragraph 1 of this part;

3) on the basis of a power of attorney issued by the owners of premises in an apartment building, concludes, under the conditions specified in the decision of the general meeting of owners of premises in this building, a management agreement for an apartment building or agreements specified in parts 1 and 2 of Article 164 of this Code. Under the management agreement for an apartment building, all owners of premises in the apartment building who have granted the chairman of the board of the apartment building powers certified by such powers of attorney acquire rights and become obligated. The owners of premises in an apartment building have the right to demand from the management organization a copy of this agreement, and in the case of direct management of an apartment building, the owners of premises in this building, copies of agreements concluded with persons providing services and (or) performing work on the maintenance and repair of common property in this building , from the specified persons;

4) exercises control over the fulfillment of obligations under concluded contracts for the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building on the basis of a power of attorney issued by the owners of premises in an apartment building, signs acceptance certificates for services provided and (or) work performed on maintenance and current repair of common property in an apartment building, acts of violation of quality standards or frequency of provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building, acts of failure to provide utilities or provision of utility services of inadequate quality, and also sends appeals to local government bodies about the management organization’s failure to fulfill the obligations provided for in Part 2 of Article 162 of this Code;

5) on the basis of a power of attorney issued by the owners of premises in an apartment building, acts in court as a representative of the owners of premises in this building in matters related to the management of this building and the provision of utilities.

9. The council of an apartment building operates until re-election at a general meeting of owners of premises in an apartment building or in the event of a decision to create a homeowners’ association until the election of the board of the homeowners’ association.

11. To prepare proposals on certain issues related to the management of an apartment building, commissions of owners of premises in a given building, which are collegial advisory bodies for managing the apartment building, may be elected.

12. Commissions of owners of premises in an apartment building are elected by decision of the general meeting of owners of premises in an apartment building or by decision of the council of the apartment building.

Article 161.1 Housing Code of the Russian Federation Council of an apartment building- the full text of the document with comments from lawyers and the opportunity to exchange opinions with legal professionals, ask questions or express your opinion regarding articles of regulatory legal acts, study comments from colleagues.

3. The council of an apartment building cannot be elected in relation to several apartment buildings.

5. Council of an apartment building:

1) ensures the implementation of decisions of the general meeting of owners of premises in an apartment building;

6) submit a report on the work done for approval at the annual general meeting of owners of premises in an apartment building;

7) makes decisions on the current repair of common property in an apartment building if a corresponding decision is made by the general meeting of owners of premises in an apartment building in accordance with clause 4.2 of part 2 of Article 44 of this Code.

8. Chairman of the board of an apartment building:

2) brings to the attention of the general meeting of owners of premises in an apartment building the results of negotiations on the issues specified in paragraph 1 of this part;

6) makes decisions on issues that are transferred for decision to the chairman of the council of an apartment building in accordance with the decision of the general meeting of owners of premises in an apartment building, adopted in accordance with clause 4.3 of part 2 of Article 44 of this Code.

10. The council of an apartment building is subject to re-election at a general meeting of owners of premises in an apartment building every two years, unless a different period is established by a decision of the general meeting of owners of premises in a given building. If the general meeting of owners of premises in an apartment building fails to make a decision on the re-election of the council of the apartment building within the prescribed period, the powers of the council of the apartment building are extended for the same period. In case of improper performance of its duties, the council of an apartment building may be re-elected early by the general meeting of owners of premises in the apartment building.

13. The general meeting of owners of premises in an apartment building may make a decision on the use of a system or other information system, taking into account the functions of these systems in the activities of the council of the apartment building, the chairman of the council of the apartment building, commissions of owners of premises in the apartment building if they are elected, as well as determining the persons who, on behalf of the owners of premises in an apartment building, are authorized to ensure the activities of the specified council, chairman, and commissions.

Note:
Section VIII also applies to relations arising from previously concluded agreements for the management of apartment buildings (Federal Law of December 29, 2004 N 189-FZ).

Article 161. Choosing a method for managing an apartment building. General requirements for the management of an apartment building

1. The management of an apartment building must ensure favorable and safe living conditions for citizens, proper maintenance of common property in the apartment building, resolving issues regarding the use of said property, as well as the provision of utilities to citizens living in such a building. The Government of the Russian Federation establishes standards and rules for the management of apartment buildings.
(as amended by Federal Law dated June 4, 2011 N 123-FZ)
1.1. Proper maintenance of the common property of the owners of premises in an apartment building must be carried out in accordance with the requirements of the legislation of the Russian Federation, including in the field of ensuring the sanitary and epidemiological well-being of the population, on technical regulation, fire safety, consumer rights protection, and must ensure:

1) compliance with the requirements for the reliability and safety of an apartment building;
2) safety of life and health of citizens, property of individuals, property of legal entities, state and municipal property;
3) availability of use of premises and other property included in the common property of the owners of premises in an apartment building;
4) compliance with the rights and legitimate interests of the owners of premises in an apartment building, as well as other persons;
5) constant readiness of utilities, metering devices and other equipment that are part of the common property of the owners of premises in an apartment building, to supply the resources necessary to provide public services to citizens living in an apartment building, in accordance with the rules of provision, suspension and restriction provision of utility services to owners and users of premises in apartment buildings and residential buildings, established by the Government of the Russian Federation.
(Part 1.1 introduced by Federal Law dated 04.06.2011 N 123-FZ)

1.2. The composition of the minimum list of services and works necessary to ensure proper maintenance of common property in an apartment building, the procedure for their provision and implementation are established by the Government of the Russian Federation.
(Part 1.2 introduced by Federal Law dated 04.06.2011 N 123-FZ)
1.3. Activities related to the management of apartment buildings are carried out on the basis of a license for its implementation, with the exception of the case when such activities are carried out by a homeowners’ association, housing cooperative or other specialized consumer cooperative and the case provided for in Part 3 of Article 200 of this Code.
(Part 1.3 introduced by Federal Law dated July 21, 2014 N 255-FZ)
2. Owners of premises in an apartment building are required to choose one of the methods of managing an apartment building:

1) direct management of the owners of premises in an apartment building, the number of apartments in which is no more than thirty;
(as amended by Federal Laws dated July 21, 2014 N 255-FZ, dated June 29, 2015 N 176-FZ)
2) management of a homeowners’ association or a housing cooperative or other specialized consumer cooperative;
3) management of the management organization.

Note:
For details of the application of Part 2.1 of Article 161 regarding the management of municipal solid waste, see Part 9 of Article 23 of the Federal Law of December 29, 2014 N 458-FZ.

2.1. When carrying out direct management of an apartment building by the owners of premises in this building, persons performing work on the maintenance and repair of common property in an apartment building, providing cold and hot water supply and carrying out sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating ( heat supply, including the supply of solid fuel in the presence of stove heating), management of solid municipal waste, are responsible to the owners of the premises in this house for the fulfillment of their obligations in accordance with concluded agreements, as well as in accordance with the rules established by the Government of the Russian Federation for the maintenance of general property in an apartment building, rules for the provision, suspension and limitation of the provision of utility services to owners and users of premises in apartment buildings and residential buildings.
(Part 2.1 introduced by Federal Law dated June 4, 2011 N 123-FZ; as amended by Federal Law dated December 29, 2014 N 458-FZ)
2.2. When managing an apartment building by a homeowners' association or a housing cooperative or other specialized consumer cooperative, the said partnership or cooperative is responsible for the maintenance of common property in a given building in accordance with the requirements of technical regulations and the rules established by the Government of the Russian Federation for the maintenance of common property in an apartment building, for the provision of utilities services depending on the level of improvement of a given house, the quality of which must meet the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and limitation of the provision of public services to owners and users of premises in apartment buildings and residential buildings. The said partnership or cooperative may provide services and (or) carry out work on the maintenance and repair of common property in an apartment building on its own or attract, on the basis of contracts, persons carrying out the relevant types of activities. When concluding an agreement for the management of an apartment building with a management organization, the specified partnership or cooperative exercises control over the management organization’s fulfillment of obligations under such an agreement, including the provision of all services and (or) performance of work ensuring the proper maintenance of the common property in this building, the provision of utilities services depending on the level of improvement of a given house, the quality of which must meet the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and limitation of the provision of public services to owners and users of premises in apartment buildings and residential buildings.
(Part 2.2 introduced by Federal Law dated 06/04/2011 N 123-FZ)
2.3. When managing an apartment building by a management organization, it is responsible to the owners of the premises in the apartment building for the provision of all services and (or) performance of work that ensure the proper maintenance of the common property in this building and the quality of which must meet the requirements of technical regulations and maintenance rules established by the Government of the Russian Federation common property in an apartment building, for the provision of utility services depending on the level of improvement of the building, the quality of which must meet the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and limitation of the provision of utility services to owners and users of premises in apartment buildings and residential buildings.
(Part 2.3 introduced by Federal Law dated 06/04/2011 N 123-FZ)

Note:
If you change the method of managing apartment buildings or select a management organization, you can decide to maintain the previous procedure for the provision of utility services and payments for them (Federal Law of June 29, 2015 N 176-FZ).

3. The method of managing an apartment building is chosen at a general meeting of owners of premises in the apartment building and can be chosen and changed at any time based on its decision. The decision of the general meeting on the choice of management method is mandatory for all owners of premises in an apartment building.

4. The local government body, in the manner established by the Government of the Russian Federation, holds an open competition for the selection of a management organization, if within a year before the date of the said competition, the owners of premises in an apartment building have not chosen a method of managing this building or if a decision has been made to choose a method of managing this the house was not realized. An open competition is also held if, before the expiration of the management agreement for an apartment building, concluded as a result of an open competition, a method of managing this building has not been chosen or if the decision made to choose a method of managing this building has not been implemented.
(as amended by Federal Laws dated December 29, 2006 N 251-FZ, dated July 23, 2008 N 160-FZ, dated July 27, 2010 N 237-FZ)
4.1. Information about an open competition for the selection of a management organization is posted on the official website of the Russian Federation on the Internet information and telecommunications network for posting information about bidding (hereinafter referred to as the official website on the Internet). The Government of the Russian Federation determines the official website on the Internet and the body authorized to maintain it. Before the Government of the Russian Federation determines an official website on the Internet, a notice of an open competition is posted on the official website of the municipality on the Internet information and telecommunications network, and is also published in the official printed publication intended for publishing information on the placement of orders for municipal needs . Information about the said competition must be available for review to all interested parties without charging a fee. Information about the results of an open competition is posted on the website on the Internet information and telecommunications network, on which information about its conduct was posted, no later than three days from the date of determination of such results, and is also published in the official printed publication in which information about it was published its implementation.
(Part 4.1 introduced by Federal Law dated December 6, 2011 N 401-FZ)
5. The local government body, within ten days from the date of the open competition provided for in Part 4 of this article, notifies all owners of premises in an apartment building about the results of the said competition and the terms of the management agreement for this building. The owners of premises in an apartment building are required to enter into a management agreement for this building with a management organization selected based on the results of an open competition provided for in Part 4 of this article, in the manner established by Article 445 of the Civil Code of the Russian Federation.
6. The local government body, no later than a month before the expiration of the term of the apartment building management agreement specified in Part 5 of this article, convenes a meeting of the owners of the premises in this building to decide on the choice of method of managing this house, if such a decision has not previously been made in accordance with part 3 of this article.
(as amended by Federal Law dated December 29, 2006 N 251-FZ)
7. Any owner of premises in an apartment building may apply to the court with a demand to oblige local governments to choose a management organization in accordance with the provisions of Part 4 of this article.
8. The conclusion of an agreement for the management of an apartment building without holding an open competition provided for in parts 4 and 13 of this article is permitted if the said competition is declared invalid in accordance with the law.
(as amended by Federal Law dated 04/05/2013 N 38-FZ)
8.1. It is not allowed to conclude an agreement for the management of an apartment building based on the results of an open competition or if the said competition is declared invalid, earlier than ten days from the date of posting information about the results of the said competition on the official website on the Internet. This requirement does not apply until the Government of the Russian Federation determines an official website on the Internet.
(Part 8.1 introduced by Federal Law dated December 6, 2011 N 401-FZ)
9. An apartment building can be managed by only one management organization.
9.1. No longer valid on September 1, 2014. - Federal Law of July 21, 2014 N 255-FZ.

Note:
Part 10 art. 161 applies until 01/01/2018, in the years. Moscow, St. Petersburg, Sevastopol - until 07/01/2019. In the constituent entities of the Russian Federation that have entered into agreements on the operation of GIS housing and communal services, it does not apply after 4 months after the date of entry into force of such agreements (Federal Law of July 21, 2014 N 263-FZ).

10. The management organization must provide free access to information about the main indicators of its financial and economic activities, about the services provided and about the work performed for the maintenance and repair of common property in an apartment building, about the procedure and conditions for their provision and implementation, about their cost, on prices (tariffs) for resources necessary for the provision of public services, in accordance with the information disclosure standard approved by the Government of the Russian Federation. The specifics of disclosing information about the activities of managing an apartment building and providing for review of documents provided for by this Code, a homeowners' association or a housing cooperative or other specialized consumer cooperative managing an apartment building (without concluding an agreement with the management organization) are established by this information disclosure standard. Control over compliance with this information disclosure standard by such a partnership, cooperative, or management organization is carried out by the authorized executive authorities of the constituent entities of the Russian Federation, specified in Part 2 of Article 20 of this Code, in the manner established by the federal executive authority authorized by the Government of the Russian Federation.
(Part 10 as amended by Federal Law dated July 21, 2014 N 263-FZ)

Note:
Part 10.1 art. 161 from 07/01/2017 is applied in the territories of all regions, and in the cities. Moscow, St. Petersburg, Sevastopol - from 07/01/2019 (Federal Law dated 07/21/2014 N 263-FZ).

10.1. The management organization is obliged to provide free access to information about the main indicators of its financial and economic activities, about the services provided and about the work performed for the maintenance and repair of common property in an apartment building, about the procedure and conditions for their provision and implementation, about their cost, about prices (tariffs) for the provided utilities through its placement in the system. The procedure, composition, terms and frequency of posting in the system information about the activities of managing an apartment building and providing for review of documents provided for by this Code, a homeowners' association or a housing cooperative or other specialized consumer cooperative managing an apartment building (without concluding an agreement with the management organization ), are established by the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of information technology, together with the federal executive body, carrying out the functions of developing and implementing state policy and legal regulation in the field of housing utilities, unless a different period for posting the specified information in the system is established by federal law.
(Part 10.1 introduced by Federal Law dated July 21, 2014 N 263-FZ; as amended by Federal Law dated December 28, 2016 N 469-FZ)
11. In the case of concluding an agreement for the management of an apartment building by a homeowners’ association or a housing cooperative or other specialized consumer cooperative with a management organization, utility services to the owners and users of premises in this building are provided by the management organization; in other cases, utilities to the specified owners and users are provided by persons responsible for the maintenance of engineering and technical support networks that are part of the common property of the owners of premises in a given building.
(Part 11 introduced by Federal Law dated June 4, 2011 N 123-FZ)

Note:
For details of the application of Part 11.1 of Article 161 regarding the management of municipal solid waste, see Part 9 of Article 23 of the Federal Law of December 29, 2014 N 458-FZ.

11.1. When an apartment building is directly managed by the owners of the premises in the apartment building, the utility service for the management of municipal solid waste is provided to the owners and users of the premises in this building by the regional operator for the management of municipal solid waste.
(Part 11.1 introduced by Federal Law dated December 29, 2014 N 458-FZ)

Note:
On the specifics of applying Part 12 of Article 161 in relation to the management of municipal solid waste, see Part 9 of Article 23 of the Federal Law of December 29, 2014 N 458-FZ.

12. Management organizations, homeowners’ associations or housing cooperatives or other specialized consumer cooperatives that manage apartment buildings do not have the right to refuse to conclude, in accordance with the rules specified in Part 1 of Article 157 of this Code, contracts with resource supply organizations that provide cold and hot water supply, sewerage, electricity supply, gas supply (including supplies of domestic gas in cylinders), heating (heat supply, including supplies of solid fuel in the presence of stove heating), and a regional operator for the management of municipal solid waste. Owners of premises in apartment buildings do not have the right to refuse to enter into contracts specified in Part 2 of Article 164 of this Code.
(Part 12 introduced by Federal Law dated June 4, 2011 N 123-FZ; as amended by Federal Law dated December 29, 2014 N 458-FZ)
13. Within twenty days from the date of issuance, in the manner established by the legislation on urban planning, permission to put into operation an apartment building, the local government body publishes a notice of an open competition for the selection of a management organization on the official website on the Internet and no later than within forty days from the date of publication of such a notice, conducts an open competition in accordance with Part 4 of this article. Within ten days from the date of the open competition, the local government body notifies all persons who accepted from the developer (the person providing the construction of the apartment building) after issuing permission to put the apartment building into operation of the premises in this building under the transfer deed or other transfer document, on the results of an open competition and on the terms of the management agreement for this house. These persons are required to enter into a management agreement for this house with a management organization selected based on the results of an open competition. If within two months from the date of the open tender the owners have not concluded a management agreement with the management organization, such an agreement is considered concluded on the terms determined by the open tender.
(as amended by Federal Laws dated 04/05/2013 N 38-FZ, dated 06/29/2015 N 176-FZ)
14. Before concluding an agreement for the management of an apartment building between the person specified in paragraph 6 of part 2 of Article 153 of this Code and a management organization selected based on the results of an open competition, the management of the apartment building is carried out by the management organization, with which the developer must conclude an agreement for the management of the apartment building not later than five days from the date of receipt of permission to put into operation an apartment building.
(Part 14 as amended by Federal Law dated June 29, 2015 N 176-FZ)
14.1. In the event of termination of the use of the building as a rental house, the owner, who owns all the premises in the apartment building, makes decisions on issues related to the management of the apartment building in the manner established by Part 7 of Article 46 of this Code. In the event of the sale or otherwise alienation of the first premises in this apartment building, the owners of the premises in this apartment building, within one year from the date of sale or otherwise alienation of the first premises in this apartment building, must choose at a general meeting of such owners and implement a method for managing this apartment building .
(Part 14.1 introduced by Federal Law dated July 21, 2014 N 217-FZ)
15. The organization that supplies the resources necessary for the provision of public services is responsible for the supply of these resources of appropriate quality to the boundaries of the common property in an apartment building and the boundaries of the external networks of engineering and technical support for this building, unless otherwise established by an agreement with such an organization.
(Part 15 introduced by Federal Law dated 04.06.2011 N 123-FZ)

Note:
On the specifics of applying Part 15.1 of Article 161 in relation to the management of municipal solid waste, see Part 9 of Article 23 of the Federal Law of December 29, 2014 N 458-FZ.

15.1. The regional operator for the management of municipal solid waste is responsible for the provision of public services for the management of municipal solid waste starting from the place of accumulation of municipal solid waste, unless otherwise established by the contract.
(Part 15.1 introduced by Federal Law dated December 29, 2014 N 458-FZ; as amended by Federal Law dated December 29, 2015 N 404-FZ)
16. The person who is responsible for the maintenance and repair of common property in an apartment building, within the scope of providing these services, is obliged to ensure the condition of the common property in the apartment building at the level necessary to provide utility services of proper quality.
(Part 16 introduced by Federal Law dated June 4, 2011 N 123-FZ)

Article 161.1. Apartment building council

(introduced by Federal Law dated June 4, 2011 N 123-FZ)

1. If a homeowners’ association has not been created in an apartment building or the building is not managed by a housing cooperative or other specialized consumer cooperative and there are more than four apartments in this building, the owners of the premises in this building at their general meeting are required to elect a council of the apartment building houses from among the owners of premises in this house. Registration of the council of an apartment building with local authorities or other bodies is not carried out.
2. In the cases specified in part 1 of this article, provided that during a calendar year the decision to elect the council of an apartment building by the owners of the premises is not made or the corresponding decision is not implemented, the local government body, within three months, convenes a general meeting of the owners of the premises in an apartment building, the agenda of which includes issues on the election of a council of an apartment building in this building, including the chairman of the council of this building, or on the creation of a homeowners’ association in this building.
3. The council of an apartment building cannot be elected in relation to several apartment buildings.
4. The number of members of the council of an apartment building is established at a general meeting of owners of premises in the apartment building. Unless otherwise established by a decision of the general meeting of owners of premises in an apartment building, the number of members of the council of an apartment building is established taking into account the number of entrances, floors, and apartments available in the building.
5. Council of an apartment building:

1) ensures the implementation of decisions of the general meeting of owners of premises in an apartment building;
2) submits to the general meeting of owners of premises in an apartment building, as questions for discussion, proposals on the procedure for using common property in an apartment building, including the land plot on which the house is located, on the procedure for planning and organizing work on the maintenance and repair of common property in an apartment building, on the procedure for discussing draft agreements concluded by the owners of premises in a given building in relation to the common property in a given building and the provision of utilities, as well as proposals on issues of competence of the council of an apartment building, elected commissions and other proposals on issues on which decisions are made does not contradict this Code;
3) submits proposals to the owners of premises in an apartment building on issues of planning the management of an apartment building, organizing such management, maintenance and repair of common property in this building;
4) submits to the owners of premises in an apartment building, before consideration at the general meeting of owners of premises in this building, its conclusion on the terms of the draft agreements proposed for consideration at this general meeting. If a commission is elected in an apartment building to evaluate draft contracts, the specified conclusion is presented by the council of this building together with such a commission;
5) exercises control over the provision of services and (or) performance of work on the management of an apartment building, maintenance and repair of common property in an apartment building and the quality of utilities provided to owners of residential and non-residential premises in an apartment building and users of such premises, including premises, included in the common property in this house;
6) submit a report on the work done for approval at the annual general meeting of owners of premises in an apartment building;
7) makes decisions on the current repair of common property in an apartment building if a corresponding decision is made by the general meeting of owners of premises in an apartment building in accordance with clause 4.2 of part 2 of Article 44 of this Code.
(Clause 7 introduced by Federal Law dated June 29, 2015 N 176-FZ)

6. From among the members of the council of an apartment building, at a general meeting of owners of premises in an apartment building, the chairman of the council of the apartment building is elected.
7. The chairman of the council of an apartment building manages the current activities of the council of the apartment building and is accountable to the general meeting of owners of premises in the apartment building.
8. Chairman of the board of an apartment building:

1) before the general meeting of owners of premises in an apartment building makes a decision on concluding a management agreement for an apartment building, the right to enter into negotiations regarding the terms of the said agreement, and in the case of direct management of an apartment building, the owners of premises in this building have the right to enter into negotiations regarding the terms of the agreements specified in parts 1 and 2 articles 164 of this Code;
2) brings to the attention of the general meeting of owners of premises in an apartment building the results of negotiations on the issues specified in paragraph 1 of this part;
3) on the basis of a power of attorney issued by the owners of premises in an apartment building, concludes, under the conditions specified in the decision of the general meeting of owners of premises in this building, a management agreement for an apartment building or agreements specified in parts 1 and 2 of Article 164 of this Code. Under the management agreement for an apartment building, all owners of premises in the apartment building who have granted the chairman of the board of the apartment building powers certified by such powers of attorney acquire rights and become obligated. The owners of premises in an apartment building have the right to demand from the management organization a copy of this agreement, and in the case of direct management of an apartment building, the owners of premises in this building, copies of agreements concluded with persons providing services and (or) performing work on the maintenance and repair of common property in this building , from the specified persons;
4) exercises control over the fulfillment of obligations under concluded contracts for the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building on the basis of a power of attorney issued by the owners of premises in an apartment building, signs acceptance certificates for services provided and (or) work performed on maintenance and current repair of common property in an apartment building, acts of violation of quality standards or frequency of provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building, acts of failure to provide utilities or provision of utility services of inadequate quality, and also sends appeals to local government bodies about the management organization’s failure to fulfill the obligations provided for in Part 2 of Article 162 of this Code;
5) on the basis of a power of attorney issued by the owners of premises in an apartment building, acts in court as a representative of the owners of premises in this building in matters related to the management of this building and the provision of utilities;
6) makes decisions on issues that are transferred for decision to the chairman of the council of an apartment building in accordance with the decision of the general meeting of owners of premises in an apartment building, adopted in accordance with clause 4.3 of part 2 of Article 44 of this Code.
(Clause 6 introduced by Federal Law dated June 29, 2015 N 176-FZ)

8.1. The general meeting of owners of premises in an apartment building has the right to decide on the payment of remuneration to members of the council of the apartment building, including the chairman of the council of the apartment building. Such a decision must contain the conditions and procedure for paying the specified remuneration, as well as the procedure for determining its size.
(Part 8.1 introduced by Federal Law dated June 29, 2015 N 176-FZ)
9. The council of an apartment building operates until re-election at a general meeting of owners of premises in an apartment building or in the event of a decision to create a homeowners’ association until the election of the board of the homeowners’ association.
10. The council of an apartment building is subject to re-election at a general meeting of owners of premises in an apartment building every two years, unless a different period is established by a decision of the general meeting of owners of premises in a given building. In case of improper performance of its duties, the council of an apartment building may be re-elected early by the general meeting of owners of premises in the apartment building.
11. To prepare proposals on certain issues related to the management of an apartment building, commissions of owners of premises in a given building, which are collegial advisory bodies for managing the apartment building, may be elected.
12. Commissions of owners of premises in an apartment building are elected by decision of the general meeting of owners of premises in an apartment building or by decision of the council of the apartment building.
13. The general meeting of owners of premises in an apartment building may make a decision on the use of a system or other information system, taking into account the functions of these systems in the activities of the council of the apartment building, the chairman of the council of the apartment building, commissions of owners of premises in the apartment building if they are elected, as well as determining the persons who, on behalf of the owners of premises in an apartment building, are authorized to ensure the activities of the specified council, chairman, and commissions.
(Part 13 introduced by Federal Law dated July 21, 2014 N 263-FZ)

Article 162. Apartment building management agreement

1. An agreement for the management of an apartment building is concluded with a management organization that has been granted a license to carry out activities for the management of apartment buildings in accordance with the requirements of this Code, in writing or in electronic form using the system by drawing up one document signed by the parties. When choosing a management organization by a general meeting of owners of premises in an apartment building, a management agreement is concluded with each owner of premises in such a building on the terms specified in the decision of this general meeting. In this case, the owners of premises in this building, having more than fifty percent of the votes of the total number of votes of the owners of premises in this building, act as one party to the concluded agreement.
(as amended by Federal Laws dated 06/04/2011 N 123-FZ, dated 07/21/2014 N 263-FZ, dated 07/21/2014 N 255-FZ)
1.1. In the case provided for in Part 13 of Article 161 of this Code, with each person who has accepted from the developer (the person providing the construction of an apartment building) after issuing permission to put an apartment building into operation, premises in this building under a transfer deed or other transfer document shall be concluded management agreement for an apartment building. Moreover, such persons act as one party to the concluded agreement if they constitute more than fifty percent of their total number.
(Part 1.1 introduced by Federal Law dated 04/05/2013 N 38-FZ)
2. Under an agreement for the management of an apartment building, one party (the management organization) on the instructions of the other party (the owners of the premises in the apartment building, the management bodies of the homeowners' association, the management bodies of a housing cooperative or the management bodies of another specialized consumer cooperative, the person specified in paragraph 6 of part 2 Article 153 of this Code, or in the case provided for in Part 14 of Article 161 of this Code, the developer) within an agreed period for a fee undertakes to perform work and (or) provide services for the management of an apartment building, provide services and perform work on the proper maintenance and repair of common property in such a house, provide utility services to the owners of premises in such a house and persons using the premises in this house, and carry out other activities aimed at achieving the goals of managing an apartment building.
(as amended by Federal Laws dated 06/04/2011 N 123-FZ, dated 04/05/2013 N 38-FZ, dated 07/21/2014 N 255-FZ)
2.1. The management agreement for an apartment building, concluded in the manner established by this article, must be placed by the management organization in the system in the manner established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of information technology, together with the federal an executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of housing and communal services.

3. The management agreement for an apartment building must indicate:

1) the composition of the common property of the apartment building in respect of which management will be carried out, and the address of such a building;
2) a list of works and (or) services for managing an apartment building, services and works for the maintenance and repair of common property in an apartment building, the procedure for changing such a list, as well as a list of utilities provided by the management organization;
(as amended by Federal Law dated July 21, 2014 N 255-FZ)
3) the procedure for determining the price of the contract, the amount of payment for the maintenance and repair of residential premises and the amount of payment for utilities, as well as the procedure for making such payment;
4) the procedure for monitoring the management organization’s fulfillment of its obligations under the management agreement.

4. The terms of the management agreement for an apartment building are established the same for all owners of premises in the apartment building.
5. The management agreement for an apartment building is concluded:

1) in the case specified in part 1 of this article, for a period of not less than one year, but not more than five years;
2) in the cases specified in parts 4 and 13 of Article 161 of this Code, for a period of no less than one year, but not more than three years;
3) in the case specified in part 14 of Article 161 of this Code, for a period of no more than three months.
(Part 5 as amended by Federal Law dated 04/05/2013 N 38-FZ)

6. In the absence of an application from one of the parties to terminate the management agreement for an apartment building at the end of its validity period, such an agreement is considered extended for the same period and on the same conditions as provided for in such an agreement.
7. Unless otherwise established by the management agreement for an apartment building, the management organization is obliged to begin implementing such an agreement no later than thirty days from the date of its signing.
8. Changes and (or) termination of the management agreement for an apartment building are carried out in the manner prescribed by civil legislation.
8.1. Owners of premises in an apartment building unilaterally have the right to refuse to execute a management agreement for an apartment building, concluded as a result of an open competition provided for in parts 4 and 13 of Article 161 of this Code, after each subsequent year from the date of conclusion of the said agreement if, before the expiration of the term validity of such an agreement, the general meeting of owners of premises in an apartment building made a decision to choose or change the method of managing this building.
(Part eight.1 introduced by Federal Law dated December 29, 2006 N 251-FZ, as amended by Federal Law dated June 4, 2011 N 123-FZ)
8.2. Owners of premises in an apartment building, on the basis of a decision of the general meeting of owners of premises in an apartment building, unilaterally have the right to refuse to fulfill the management agreement for an apartment building if the management organization does not comply with the terms of such agreement, and decide to select another management organization or change the method of managing this home.
(part eight.2 introduced by Federal Law dated December 29, 2006 N 251-FZ, as amended by Federal Law dated June 4, 2011 N 123-FZ)
9. Management of an apartment building, which is owned by a housing cooperative or in which a homeowners’ association has been created, is carried out taking into account the provisions of sections V and VI of this Code.
10. Thirty days before the termination of the management agreement for an apartment building, the management organization is obliged to transfer technical documentation for the apartment building and other documents related to the management of such a house to the newly selected management organization, homeowners’ association or housing cooperative or other specialized consumer cooperative, or in the case of direct management of such house by the owners of the premises in such a house to one of these owners, indicated in the decision of the general meeting of these owners on the choice of the method of managing such a house, or, if such an owner is not indicated, to any owner of the premises in such a house.
11. Unless otherwise established by the management agreement for an apartment building, the management organization annually, during the first quarter of the current year, submits to the owners of premises in the apartment building a report on the implementation of the management agreement for the previous year, and also places the specified report in the system.

Article 163. Management of an apartment building in state or municipal ownership

1. The procedure for managing an apartment building, all premises in which are owned by the Russian Federation, a constituent entity of the Russian Federation or a municipal entity, is established accordingly by the federal executive body authorized by the Government of the Russian Federation, the state government body of the constituent entity of the Russian Federation and the local government body.
(as amended by Federal Law No. 160-FZ of July 23, 2008)
2. Management of an apartment building in which the share of the Russian Federation, a constituent entity of the Russian Federation or a municipality in the right of common ownership of common property in an apartment building is more than fifty percent, is carried out on the basis of a management agreement for this building concluded with a management organization selected based on the results an open competition, which is held in the manner established by the Government of the Russian Federation in accordance with Part 4 of Article 161 of this Code.
(Part 2 as amended by Federal Law dated 04.06.2011 N 123-FZ)

Article 164. Direct management of an apartment building by the owners of premises in such a building

1. When an apartment building is directly managed by the owners of premises in such a house, contracts for the provision of services for the maintenance and (or) performance of repairs of common property in such a house with persons carrying out the relevant types of activities, the owners of premises in such a house conclude on the basis of decisions of the general meeting of the said owners. In this case, all or most of the owners of premises in such a house act as one party to the concluded agreements.
(as amended by Federal Laws dated 06/04/2011 N 123-FZ, dated 07/21/2014 N 255-FZ)
1.1 - 1.2. No longer in force on September 1, 2014. - Federal Law of July 21, 2014 N 255-FZ.

Note:
For details of the application of Part 2 of Article 164 regarding the management of municipal solid waste, see Part 9 of Article 23 of Federal Law No. 458-FZ of December 29, 2014.

2. Agreements for hot water supply, cold water supply, sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating), and management of solid municipal waste are concluded by each owner of the premises , carrying out direct management of an apartment building, on its own behalf.
(as amended by Federal Laws dated December 7, 2011 N 417-FZ, dated December 29, 2014 N 458-FZ)
2.1. Agreements concluded, including in electronic form using the system, by the owners of premises in an apartment building who directly manage such a building, in the cases provided for by this article, must be placed by these owners in the system in the manner established by the federal executive body exercising functions for the development and implementation of state policy and legal regulation in the field of information technology, together with the federal executive body exercising functions for the development and implementation of state policy and legal regulation in the field of housing and communal services.
(Part 2.1 introduced by Federal Law dated July 21, 2014 N 263-FZ)
3. Based on the decision of the general meeting of owners of premises in an apartment building, directly managing such a house, one of the owners of premises in such a house or another person having authority certified by a power of attorney has the right to act on behalf of the owners of premises in such a house in relations with third parties, issued to him in writing by all or the majority of the owners of the premises in such a house.

Article 165. Creating conditions for managing apartment buildings
(as amended by Federal Law dated July 21, 2014 N 263-FZ)

1. In order to create conditions for the management of apartment buildings, local government bodies:

1) provide equal conditions for the activities of management organizations, regardless of organizational and legal forms;
2) may provide management organizations, homeowners’ associations or housing cooperatives or other specialized consumer cooperatives with budget funds for capital repairs of apartment buildings;
3) contribute to improving the level of qualifications of persons managing apartment buildings and organizing training for persons who intend to carry out such activities;
4) promote the creation and activities in the municipality of public associations and other non-profit organizations specified in Part 8 of Article 20 of this Code.
(Clause 4 introduced by Federal Law dated June 28, 2014 N 200-FZ)

1.1. A local government body on the basis of an appeal from the owners of premises in an apartment building, the chairman of the council of an apartment building, the governing bodies of a homeowners' association or the governing bodies of a housing cooperative or the governing bodies of another specialized consumer cooperative specified in Part 8 of Article 20 of this Code of Public Associations, other non-profit organizations on If the management organization fails to fulfill the obligations provided for in Part 2 of Article 162 of this Code, within five days it conducts an unscheduled inspection of the activities of the management organization. If, based on the results of this inspection, it is revealed that the management organization has failed to comply with the terms of the agreement for the management of an apartment building, the local government body, no later than fifteen days from the date of the corresponding request, convenes a meeting of the owners of the premises in this building to resolve issues of terminating the agreement with such a management organization and choosing a new management organization or changing the way the house is managed.
(Part 1.1 introduced by Federal Law dated 06/04/2011 N 123-FZ, as amended by Federal Laws dated 06/25/2012 N 93-FZ, dated 06/28/2014 N 200-FZ)
2. Local government bodies, management organizations, homeowners’ associations or housing cooperatives or other specialized consumer cooperatives are obliged to provide citizens upon their requests with information, including using the system, on established prices (tariffs) for services and work on the maintenance and repair of common property in apartment buildings and residential premises in them, on the amount of payment in accordance with established prices (tariffs), on the volume, on the list and quality of services provided and (or) work performed, on prices (tariffs) for provided utilities and payment amounts these services, on the participation of representatives of local government bodies in annual and extraordinary general meetings of owners of premises in apartment buildings.
(as amended by Federal Laws dated June 4, 2011 N 123-FZ, dated July 21, 2014 N 263-FZ)
3. Local government bodies are obliged to provide citizens, upon their requests, with information, including using the system, about municipal programs in the housing sector and in the field of public services, about the regulatory legal acts of local government bodies regulating relations in these areas, about the condition of those located on territories of municipal formations of municipal and engineering infrastructure facilities, about the persons operating the specified objects, about the production programs and investment programs of organizations supplying the resources necessary for the provision of public services, about compliance with the established quality parameters of goods and services of such organizations, about the state of payments of persons who manage apartment buildings, with persons engaged in the production and sale of resources necessary for the provision of public services, as well as with persons engaged in wastewater disposal.
(Part 3 introduced by Federal Law dated 06/04/2011 N 123-FZ, as amended by Federal Laws dated 07/21/2014 N 263-FZ, dated 07/29/2017 N 257-FZ)
4. Organizations supplying resources necessary for the provision of utility services, as well as persons providing services, performing work on the maintenance and repair of common property of premises owners in apartment buildings and providing utility services, are required to place in the system the information provided for by the legislation on state information housing and communal services system.
(Part 4 as amended by Federal Law dated July 21, 2014 N 263-FZ)
5. The procedure, forms, terms and frequency of posting information in the system specified in part 4 of this article are established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of information technology, together with the federal executive body authorities carrying out the functions of developing and implementing state policy and legal regulation in the field of housing and communal services, unless a different period for posting this information in the system is established by federal law.
(as amended by Federal Laws dated July 21, 2014 N 263-FZ, dated December 28, 2016 N 469-FZ)