Forms / 28.03.2020

Art 161 of the housing complex of the Russian Federation is in force. Section VIII. Management of apartment buildings. Information about changes

(as amended by Federal Law of 04.06.2011 N 123-FZ)

1. Management of an apartment building should ensure favorable and safe living conditions for citizens, proper maintenance common property in an apartment building, solving issues of using the specified property, as well as providing utilities citizens living in such a house, or in the cases provided for in Article 157.2 of this Code, the constant readiness of utilities and other equipment that are part of the common property of the owners of premises in an apartment building for the provision of utilities (hereinafter - ensuring readiness engineering systems). Government Russian Federation establishes standards and rules for management activities apartment buildings.

(as amended by Federal Laws of 04.06.2011 N 123-FZ, of 03.04.2018 N 59-FZ)

1.1. The proper maintenance of the common property of the owners of premises in an apartment building should 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, protection of consumer rights, and should ensure:

1) compliance with the requirements for the reliability and safety of an apartment building;

2) safety of life and health of citizens, property individuals, property legal entities, state and municipal property;

3) the availability of the use of premises and other property that is part of the common property of owners of premises in an apartment building;

4) observance of the rights and legitimate interests of the owners of premises in an apartment building, as well as other persons;

5) the constant readiness of utilities, metering devices and other equipment that are part of the common property of owners of premises in an apartment building to supply the resources necessary for the provision of public services to citizens living in an apartment building, in accordance with the rules for provision, suspension and restrictions provision of utilities to owners and users of premises in apartment buildings and residential buildings established by the Government of the Russian Federation.

(part 1.1 introduced Federal law from 04.06.2011 N 123-FZ)

(Part 1.2 is introduced by the Federal Law of 04.06.2011 N 123-FZ)

1.3. The activity for the management of apartment buildings is carried out on the basis of a license for its implementation, except for the case of such activity being carried out by a homeowners' partnership, housing cooperative or other specialized consumer cooperative and the case provided for in part 3 of Article 200 of this Code.

(Part 1.3 is introduced by Federal Law of 21.07.2014 N 255-FZ)

2. The owners of premises in an apartment building are obliged 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 not more than thirty;

(as amended by Federal Laws of 21.07.2014 N 255-FZ, of 29.06.2015 N 176-FZ)

2) management of a homeowners' association or a housing cooperative or other specialized consumer cooperative;

3) management of the managing organization.

(Part 2.1 was introduced by Federal Law of 04.06.2011 N 123-FZ; as amended by Federal Law of 29.12.2014 N 458-FZ)

2.2. When an apartment building is managed by a homeowners' partnership or a housing cooperative or other specialized consumer cooperative, the said partnership or cooperative is responsible for the maintenance of the common property in this building in accordance with the requirements technical regulations and the rules for maintaining common property in an apartment building established by the Government of the Russian Federation, for the provision of utilities, depending on the level of improvement of this 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 restriction of the provision of utilities to owners and users of premises in apartment buildings and residential buildings, or in the cases provided for in Article 157.2 of this Code, for ensuring the readiness of engineering systems. The specified partnership or cooperative may provide services and (or) perform work on the maintenance and repair of common property in an apartment building on their own or engage, on the basis of contracts, persons carrying out the relevant activities. When concluding an agreement for the management of an apartment building with a management organization, the said partnership or cooperative shall exercise control over the fulfillment by the management organization of obligations under such an agreement, including the provision of all services and (or) performance of work ensuring the proper maintenance of common property in this building, and the provision of utilities. services depending on the level of improvement of this 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 restriction of the provision of communal services to owners and users of premises in apartment buildings and residential buildings.

(Part 2.2 is introduced by Federal Law of 04.06.2011 N 123-FZ; as revised by Federal Law of 03.04.2018 N 59-FZ)

2.3. When managing an apartment building by a managing organization, it is responsible to the owners of premises in an apartment building for the provision of all services and (or) performance of work that ensure the proper maintenance of common property in this building and the quality of which must comply with the requirements of technical regulations and the maintenance rules established by the Government of the Russian Federation common property in an apartment building, for the provision of utilities, depending on the level of improvement of this 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 restriction of the provision of utilities to owners and users of premises in apartment buildings and residential buildings, or in cases , provided for in Article 157.2 of this Code, for ensuring the readiness of engineering systems.

(Part 2.3 was introduced by Federal Law of 04.06.2011 N 123-FZ; as revised by Federal Law of 03.04.2018 N 59-FZ)

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

3.1. When the management of an apartment building is terminated by a homeowners' partnership, a housing or housing construction cooperative, or another specialized consumer cooperative, the said partnership, cooperative, within three working days from the date of the decision of the general meeting of premises owners in an apartment building on changing the management method of such a building, are obliged to transfer technical documentation for an apartment building and other documents related to the management of such a house, keys to premises that are part of the common property of owners of premises in an apartment building, electronic access codes for equipment that is part of the common property of owners of premises in an apartment building, and other technical means and equipment necessary for the operation and management of an apartment building, to a person who has assumed obligations to manage an apartment building, or in the case of choosing a direct method of managing an apartment building of his own The tenant of a room in an apartment building specified in the decision of the general meeting of owners of premises in an apartment building on the choice of a direct method of managing an apartment building, or, if such an owner is not specified, to any owner of a room in such an apartment building.

(Part 3.1 was introduced by Federal Law of December 31, 2017 N 485-FZ)

4. The local self-government body, in the manner established by the Government of the Russian Federation, shall hold an open tender for the selection of a managing organization in the cases specified in part 13 of this article and part 5 of article 200 of this Code, as well as if, within six months before the date of holding the specified competition, the owners of the premises in the apartment building did not choose the method of managing this building, or if decision the choice of how to manage this house was not implemented. An open tender is also held in the event that before the expiration of the term of the management agreement for an apartment building, concluded as a result of an open tender, the management method for this building has not been chosen, or if the decision to choose the management method for this building has not been implemented.

(as amended by Federal Laws of 29.12.2006 N 251-FZ, of 23.07.2008 N 160-FZ, of 27.07.2010 N 237-FZ, of 04.06.2018 N 134-FZ)

4.1. Information about an open tender for the selection of a management organization is posted on the official website of the Russian Federation in the information and telecommunications network "Internet" for posting information about the bidding (hereinafter - the official site on the Internet). The Government of the Russian Federation determines the official website on the Internet and the body authorized to maintain it. Until the Government of the Russian Federation determines the official website on the Internet, a notice of an open tender shall be posted on the official website municipality in the information and telecommunication network "Internet", and is also published in the official printed edition, designed to publish information about placing orders for municipal needs. Information about the holding of the specified tender should be available for familiarization to all interested parties without charging a fee. Information about the results of the open tender is posted on the website in the information and telecommunications network "Internet", where information about its holding was posted, no later than three days from the date of determination of such results, and is also published in the official print publication in which information about conducting it.

(Part 4.1 is introduced by the Federal Law of 06.12.2011 N 401-FZ)

5. The local self-government body, within ten days from the date of the open tender provided for in part 4 of this article, notifies all owners of premises in an apartment building of the results of the said tender and the terms of the contract for the management of this building. The owners of premises in an apartment building are obliged to conclude a management agreement for this building with a management organization selected based on the results of an open tender provided for in part 4 of this article, in the manner prescribed by article 445 of the Civil Code of the Russian Federation.

6. The local self-government body, no later than one month before the expiration of the contract for the management of an apartment building specified in part 5 of this article, shall convene a meeting of owners of premises in this building to decide on the choice of a method for managing this building, if such a decision was not previously made in accordance with with part 3 of this article.

(as amended by Federal Law of 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 tender provided for in parts 4 and 13 of this article is allowed if the specified tender is declared invalid in accordance with the legislation.

(as amended by Federal Law of 05.04.2013 N 38-FZ)

8.1. It is not allowed to conclude a management agreement for an apartment building based on the results of an open tender or if the said tender is declared invalid, earlier than ten days from the date of posting information about the results of the said tender on the official website on the Internet. This requirement does not apply until the Government of the Russian Federation determines the official website on the Internet.

(Part 8.1 is introduced by the Federal Law of 06.12.2011 N 401-FZ)

9. An apartment building can be managed by only one management organization.

10. The managing organization must ensure Free access to information on the main indicators of its financial and economic activities, on the services provided and on the work performed on the maintenance and repair of common property in an apartment building, on the procedure and conditions for their provision and implementation, on their cost, on prices (tariffs) for resources, necessary for the provision of utilities in accordance with the information disclosure standard approved by the Government of the Russian Federation. The specifics of disclosing information on the management of an apartment building and providing for review the documents provided for by this Code by a homeowners' partnership or a housing cooperative or other specialized consumer cooperative that manage an apartment building (without concluding an agreement with the managing organization) are established by this information disclosure standard. Control over the observance of this information disclosure standard by such a partnership, cooperative, management organization is carried out by the authorized executive bodies of the constituent entities of the Russian Federation, specified in part 2 of Article 20 of this Code, in the manner established by the authorized Government of the Russian Federation federal body executive power.

(Part 10 as amended by Federal Law of 21.07.2014 N 263-FZ)

(Part 10.1 is introduced by Federal Law of 21.07.2014 N 263-FZ; as amended by Federal Law of 28.12.2016 N 469-FZ)

11. In the case provided for in Article 157.2 of this Code, the managing organization, a homeowners' association or a housing cooperative or other specialized consumer cooperative that manages an apartment building, in the manner prescribed by the Government of the Russian Federation, must:

1) provide resource-supplying organizations, a regional operator for handling solid municipal waste with information necessary for calculating utility bills, including on the readings of individual metering devices (when such readings are provided by the owners of premises in an apartment building and tenants of residential premises under social employment contracts or contracts for the lease of residential premises of the state or municipal housing stock in this house, the management organization, the homeowners' association or the housing cooperative or other specialized consumer cooperative) and collective (common house) metering devices installed in an apartment building;

2) monitor the quality of communal resources and the continuity of their supply to the boundaries of the common property in an apartment building;

3) accept from the owners of premises in an apartment building and tenants of residential premises under social rental contracts or contracts for the rental of residential premises of the state or municipal housing stock in a given building on violations of the requirements for the quality of utilities and (or) the continuity of the provision of such services, violations in the calculation the amount of payment for utilities and interact with resource supplying organizations and a regional operator for handling solid municipal waste when considering these appeals, verifying the facts set forth in them, eliminating identified violations and sending information on the results of considering appeals in the manner established by the Government of the Russian Federation;

4) provide resource supplying organizations with access to common property in an apartment building to suspend or restrict the provision of utilities to owners of premises in an apartment building and tenants of residential premises under social employment contracts or contracts for the lease of residential premises of the state or municipal housing stock in this building or by agreement with resource supplying organizations to suspend or restrict the provision of utilities to owners of premises in an apartment building and tenants of residential premises under social rental contracts or rental contracts for residential premises of the state or municipal housing stock in this building.

(Part 11 as revised by Federal Law of 03.04.2018 N 59-FZ)

11.1. In the case of direct management of an apartment building by owners of premises in an apartment building, the utility service for handling solid municipal waste to owners and users of premises in this building is provided by a regional operator for handling solid municipal waste.

(Part 11.1 is introduced by Federal Law of December 29, 2014 N 458-FZ)

(Part 12 was introduced by Federal Law of 04.06.2011 N 123-FZ; as amended by Federal Laws of 29.12.2014 N 458-FZ, of 31.12.2017 N 485-FZ, of 03.04.2018 N 59-FZ)

13. Within twenty days from the date of issuance, in accordance with the procedure established by the legislation on urban planning activities, permits for the commissioning of an apartment building, the local government shall place a notice of an open tender 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 placement of such a notice, conducts an open tender in accordance with part 4 of this article. Within ten days from the date of the open tender, the local government shall notify all persons who have received from the developer (the person providing the construction of an apartment building) after the issuance of a permit to enter the apartment building into operation of the premises in this building under a deed of transfer or other transfer document, on the results of an open tender and on the terms of the contract for the management of this house. These persons are obliged to conclude a contract for the management of this house with a management organization selected based on the results of an open tender. 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 shall be deemed concluded on the terms determined by the open tender.

(as amended by Federal Laws of 05.04.2013 N 38-FZ, of 29.06.2015 N 176-FZ)

14. Prior to the conclusion of an agreement for the management of an apartment building between the person specified in clause 6 of part 2 of Article 153 of this Code and the management organization selected by the results of an open tender, the management of the apartment building shall be carried out by the management organization, with which the developer must conclude a management agreement for the apartment building not later than five days from the date of receipt of permission to commission an apartment building.

(Part 14 as amended by Federal Law of June 29, 2015 N 176-FZ)

14.1. In case of termination of the use of the building as a rented house, the owner, who owns all the premises in an apartment building, makes decisions on issues related to the management of an apartment building in the manner prescribed 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 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 select such owners at a general meeting and implement the method of managing this apartment building ...

(Part 14.1 is introduced by Federal Law of 21.07.2014 N 217-FZ)

15. The organization that supplies the resources necessary for the provision of utilities is responsible for the supply of these resources of proper quality to the boundaries of the common property in the apartment building and the boundaries of the external networks of engineering and technical support of this building, unless otherwise provided by an agreement with such an organization.

(Part 15 is introduced by the Federal Law of 04.06.2011 N 123-FZ)

(Part 15.1 is introduced by Federal Law of December 29, 2014 N 458-FZ; as amended by Federal Law of December 29, 2015 N 404-FZ)

16. A person who is responsible for the maintenance and repair of common property in an apartment building, within the scope of the provision of these services, is obliged to ensure the condition of the common property in an apartment building at the level necessary for the provision of public services of adequate quality.

(Part 16 is introduced by the Federal Law of 04.06.2011 N 123-FZ)

17. Management of an apartment building, in respect of which the owners of premises in an apartment building have not chosen the method of management of such a building in the manner prescribed by this Code, or the chosen management method has not been implemented, the management organization has not been determined, including due to the recognition as invalid of an open tender for the selection a management organization conducted by a local government in accordance with this Code is carried out by a management organization licensed to carry out entrepreneurial activities to manage apartment buildings, determined by a decision of the local government in the manner and under the conditions established by the Government of the Russian Federation. Such a managing organization carries out activities for the management of an apartment building until the owners of premises in an apartment building choose a method for managing an apartment building or before concluding an agreement on managing an apartment building with a management organization determined by the owners of premises in an apartment building or following an open tender provided for in part 4 of this article, but no more than one year.

Section IV. SPECIALIZED HOUSING FUND

Chapter 9. RESIDENTIAL PREMISES OF THE SPECIALIZED HOUSING FUND
Chapter 10. PROVISION AND USE OF SPECIALIZED RESIDENTIAL SPACES

Section V. HOUSING AND HOUSING-BUILDING COOPERATIVES

Chapter 11. ORGANIZATION AND ACTIVITIES OF HOUSING AND HOUSING-BUILDING COOPERATIVES
Chapter 12. LEGAL STATUS OF MEMBERS OF HOUSING COOPERATIVES

Section VI. HOUSING OWNERSHIP

Chapter 13. ESTABLISHMENT AND ACTIVITIES OF THE HOUSING OWNERS 'ASSOCIATION
Chapter 14. LEGAL STATUS OF MEMBERS OF HOUSING OWNERS

Section VII. FEE FOR RESIDENCE AND UTILITIES

Section VIII. MANAGEMENT OF APARTMENT BUILDINGS

Section IX. ORGANIZATION OF MAJOR REPAIRS OF COMMON PROPERTY IN APARTMENT BUILDINGS (introduced by the Federal Law of 25.12.2012 N 271-FZ)

Chapter 15. GENERAL PROVISIONS ON OVERALL REPAIRS OF COMMON PROPERTY IN APARTMENT BUILDINGS AND THE PROCEDURE OF ITS FINANCING
Chapter 16. FORMATION OF A CAPITAL REPAIR FUND ON A SPECIAL ACCOUNT
Chapter 17. FORMATION OF CAPITAL REPAIR FUNDS BY A REGIONAL OPERATOR. ACTIVITIES OF THE REGIONAL OPERATOR ON FINANCING THE OVERALL REPAIRS OF COMMON PROPERTY IN APARTMENT BUILDINGS
Chapter 18. CARRYING OUT A CAPITAL REPAIR OF COMMON PROPERTY IN AN APARTMENT BUILDING

Section X. LICENSING OF MANAGEMENT ACTIVITIES OF APARTMENT BUILDINGS (introduced by Federal Law of 21.07.2014 N 255-FZ)

Chapter 19. LICENSING OF MANAGEMENT ACTIVITIES OF APARTMENT BUILDINGS (introduced by Federal Law of 21.07.2014 N 255-FZ)

Article 161 of the LC RF. Choosing a way to manage an apartment building. General requirements to activities for the management of an apartment building

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(as amended by Federal Law of 04.06.2011 N 123-FZ)

1. Management of an apartment building should ensure favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building, resolving issues of using said property, as well as providing public services to citizens living in such a building, or in cases provided for article 157.2 of this Code, the constant readiness of utilities and other equipment that are part of the common property of owners of premises in an apartment building for the provision of utilities (hereinafter - ensuring the readiness of engineering systems). The Government of the Russian Federation sets standards and rules for the management of apartment buildings.

(as amended by Federal Laws of 04.06.2011 N 123-FZ, of 03.04.2018 N 59-FZ)

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) the availability of the use of premises and other property that is part of the common property of owners of premises in an apartment building;

4) observance of the rights and legitimate interests of the owners of premises in an apartment building, as well as other persons;

(Part 1.1 is introduced by the Federal Law of 04.06.2011 N 123-FZ)

(Part 1.2 is introduced by the Federal Law of 04.06.2011 N 123-FZ)

1.3. The activities for the management of apartment buildings are carried out on the basis of a license for its implementation, with the exception of the case of the implementation of such activities by a homeowners' partnership, housing cooperative or other specialized consumer cooperative and provided part 3 of article 200 of this Case Code.

(Part 1.3 is introduced by Federal Law of 21.07.2014 N 255-FZ)

2. The owners of premises in an apartment building are obliged 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 not more than thirty;

(as amended by Federal Laws of 21.07.2014 N 255-FZ, of 29.06.2015 N 176-FZ)

2) management of a homeowners' association or a housing cooperative or other specialized consumer cooperative;

3) management of the managing organization.

ConsultantPlus: note.

On the features of the application of Part 2.1 of Art. 161 to contracts for services for the management of MSW, concluded before 01.01.2016 for a period of more than 10 years, see the Federal Law of December 29, 2014 N 458-FZ.

(Part 2.1 was introduced by Federal Law of 04.06.2011 N 123-FZ; as amended by Federal Law of 29.12.2014 N 458-FZ)

2.2. When an apartment building is managed by a homeowners' partnership or a housing cooperative or other specialized consumer cooperative, the said partnership or cooperative is responsible for the maintenance of common property in this building in accordance with the requirements of technical regulations and the rules for maintaining common property in an apartment building established by the Government of the Russian Federation, for the provision of utilities. services depending on the level of improvement of this 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 restriction of the provision of utilities to owners and users of premises in apartment buildings and residential buildings, or in cases provided for article 157.2 of this Code, for ensuring the readiness of engineering systems. The specified partnership or cooperative may provide services and (or) perform work on the maintenance and repair of common property in an apartment building on their own or engage, on the basis of contracts, persons carrying out the relevant activities. When concluding an agreement for the management of an apartment building with a management organization, the said partnership or cooperative shall exercise control over the fulfillment by the management organization of obligations under such an agreement, including the provision of all services and (or) performance of work ensuring the proper maintenance of common property in this building, and the provision of utilities. services depending on the level of improvement of this 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 restriction of the provision of communal services to owners and users of premises in apartment buildings and residential buildings.

(Part 2.2 is introduced by the Federal Law of 04.06.2011 N 123-FZ; as revised by the Federal Law of 03.04.2018 N 59-FZ)

2.3. When managing an apartment building by a managing organization, it is responsible to the owners of premises in an apartment building for the provision of all services and (or) performance of work that ensure the proper maintenance of common property in this building and the quality of which must comply with the requirements of technical regulations and the maintenance rules established by the Government of the Russian Federation common property in an apartment building, for the provision of utilities, depending on the level of improvement of this 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 restriction of the provision of utilities to owners and users of premises in apartment buildings and residential buildings, or in cases foreseen article 157.2 of this Code, for ensuring the readiness of engineering systems.

(Part 2.3 was introduced by Federal Law of 04.06.2011 N 123-FZ; as revised by Federal Law of 03.04.2018 N 59-FZ)

ConsultantPlus: note.

When changing the method of managing apartment buildings or choosing a managing organization, you can decide to maintain the previous procedure for the provision of utilities and payments for them ( FZ dated June 29, 2015 N 176-FZ).

(Part 3.1 was introduced by Federal Law of December 31, 2017 N 485-FZ)

4. The local self-government body, in the manner established by the Government of the Russian Federation, conducts an open tender for the selection of a management organization in the cases specified in part 13 of this article and part 5 of article 200 of this Code, as well as in the event that, within six months prior to the date of the said competition, the owners of premises in an apartment building did not choose the way to manage this building, or if the decision to choose a way to manage this building was not implemented. An open tender is also held in the event that before the expiration of the term of the management agreement for an apartment building, concluded as a result of an open tender, the management method for this building has not been chosen, or if the decision to choose the management method for this building has not been implemented.

(as amended by Federal Laws of 29.12.2006 N 251-FZ, of 23.07.2008 N 160-FZ, of 27.07.2010 N 237-FZ, of 04.06.2018 N 134-FZ)

4.1. Information about an open tender for the selection of a management organization is posted on the official website of the Russian Federation in the information and telecommunications network "Internet" for posting information about the 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. Prior to the determination by the Government of the Russian Federation of the official website on the Internet, a notice of an open tender shall be posted on the official website of the municipality in the information and telecommunications network Internet, and also published in the official printed publication intended to publish information on placing orders for municipal needs ... Information about the holding of the specified tender should be available for familiarization to all interested parties without charging a fee. Information about the results of the open tender is posted on the website in the information and telecommunications network "Internet", where information about its holding was posted, no later than three days from the date of determination of such results, and is also published in the official print publication, in which information about conducting it.

(Part 4.1 is introduced by the Federal Law of 06.12.2011 N 401-FZ)

5. The local government body, within ten days from the date of the open competition, provided for part 4 of this article, notifies all owners of premises in an apartment building about the results of the specified competition and about the terms of the contract for the management of this building. The owners of premises in an apartment building are obliged to conclude a management agreement for this building with a management organization selected based on the results of the stipulated part 4 of this article of an open tender, in the manner prescribed by article 445 of the Civil Code of the Russian Federation.

6. The local government body no later than one month before the expiration date specified in part 5 of this article of the contract for the management of an apartment building convenes a meeting of owners of premises in this house to decide on the choice of a method for managing this house, if such a decision was not previously made in accordance with part 3 of this article.

(as amended by Federal Law of December 29, 2006 N 251-FZ)

7. Any owner of premises in an apartment building may apply to the court with a requirement to oblige local governments to choose a management organization in accordance with the provisions part 4 of this article.

(as amended by Federal Law of 05.04.2013 N 38-FZ)

(Part 8.1 is introduced by the Federal Law of 06.12.2011 N 401-FZ)

9. An apartment building can be managed by only one management organization.

ConsultantPlus: note.

Part 10 of Art. 161 (as amended by the Federal Law of 21.07.2014 N 263-FZ ) applies until 01.01.2018, in years. Moscow, St. Petersburg, Sevastopol - until 07/01/2019.

10. The managing organization must provide free access to information on the main indicators of its financial and economic activities, on the services provided and on the work performed for the maintenance and repair of common property in an apartment building, on the procedure and on the conditions for their provision and implementation, on their cost, on prices (tariffs) for resources required for the provision of utilities in accordance with the information disclosure standard approved by the Government of the Russian Federation. The specifics of disclosing information on the management of an apartment building and providing for review the documents provided for by this Code by a homeowners' partnership or a housing cooperative or other specialized consumer cooperative that manage an apartment building (without concluding an agreement with the managing organization) are established by this information disclosure standard. Control over the observance of this standard of information disclosure by such a partnership, cooperative, management organization is carried out by authorized executive bodies 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 body authorized by the Government of the Russian Federation.

(Part 10 as amended by Federal Law of 21.07.2014 N 263-FZ)

ConsultantPlus: note.

Part 10.1 of Art. 161 from 01.07.2017 is applied in the territories of all regions, and in years. Moscow, St. Petersburg, Sevastopol - from 01.07.2019 (Federal Law of 21.07.2014 N 263-FZ).

(Part 10.1 is introduced by Federal Law of 21.07.2014 N 263-FZ; as amended by Federal Law of 28.12.2016 N 469-FZ)

11. In the case provided article 157.2 of this Code, a managing organization, a homeowners' association or a housing cooperative or other specialized consumer cooperative that manages an apartment building, in the manner prescribed by the Government of the Russian Federation, are obliged to:

1) provide resource-supplying organizations, a regional operator for handling solid municipal waste with information necessary for calculating utility bills, including on the readings of individual metering devices (when such readings are provided by the owners of premises in an apartment building and tenants of residential premises under social employment contracts or lease agreements for residential premises of the state or municipal housing stock in this house of the management organization, a homeowners' partnership or a housing cooperative or other specialized consumer cooperative) and collective (common house) metering devices installed in an apartment building;

2) monitor the quality of communal resources and the continuity of their supply to the boundaries of the common property in an apartment building;

ConsultantPlus: note.

On the features of the use of Part 12 of Art. 161 to contracts for services for the management of MSW, concluded before 01.01.2016 for a period of more than 10 years, see 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 may not refuse to conclude in accordance with the rules specified in part 1 of article 157 of this Code, contracts, including in relation to utility resources consumed when maintaining common property in an apartment building, with resource supplying organizations that provide cold and hot water supply, water disposal, electricity, gas supply (including supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating), and the regional operator for the handling of solid municipal waste, with the exception of cases provided for by the procedure established by the legislation on urban planning, permits for the commissioning of an apartment building, the local government shall place a notice on holding an open tender for the selection of a managing organization on the official website on the Internet and, no later than forty days from the date of posting such a notice, conducts in accordance with part 4 of this article is an open competition. Within ten days from the date of the open tender, the local government shall notify all persons who have received from the developer (the person providing the construction of an apartment building) after the issuance of a permit to enter the apartment building into operation of the premises in this building under a deed of transfer or other transfer document, on the results of an open tender and on the terms of the contract for the management of this house. These persons are obliged to conclude a contract for the management of this house with a management organization selected based on the results of an open tender. 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 shall be deemed concluded on the terms determined by the open tender.

(as amended by Federal Laws of 05.04.2013 N 38-FZ, of 29.06.2015 N 176-FZ)

14. Prior to the conclusion of 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 the management organization selected based on the results of an open tender, 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 no later than five days from the date of receipt of permission to commission the apartment building.

(Part 14 as amended by Federal Law of June 29, 2015 N 176-FZ)

14.1. In the event of the termination of the use of the building as a rented house, the owner who owns all the premises in an apartment building makes decisions on issues related to the management of an apartment building in the manner prescribed 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 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 select such owners at a general meeting and implement the method of managing this apartment building ...

(Part 14.1 is introduced by Federal Law of 21.07.2014 N 217-FZ)

(Part 15 is introduced by the Federal Law of 04.06.2011 N 123-FZ)

ConsultantPlus: note.

On the features of the application of part 15.1 of Art. 161 to contracts for services for the management of MSW, concluded before 01.01.2016 for a period of more than 10 years, see the Federal Law of December 29, 2014 N 458-FZ.

(Part 15.1 is introduced by Federal Law of December 29, 2014 N 458-FZ; as amended by Federal Law of December 29, 2015 N 404-FZ)

(Part 16 is introduced by the Federal Law of 04.06.2011 N 123-FZ)

17. Management of an apartment building, in respect of which the owners of premises in an apartment building have not chosen the method of management of such a building in the manner prescribed by this Code, or the chosen management method has not been implemented, the management organization has not been determined, including due to the recognition as invalid of an open tender for the selection a management organization conducted by a local government body in accordance with this Code is carried out by a management organization licensed to carry out entrepreneurial activities for the management of apartment buildings, determined by a decision of the local government in the manner and under the conditions established by the Government of the Russian Federation. Such a management organization carries out activities for the management of an apartment building until the owners of premises in an apartment building choose a method for managing an apartment building or before concluding a management agreement for an apartment building with a management organization determined by the owners of premises in an apartment building or based on the results of an open tender provided for part 4 of this article, but not more than one year.

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

Section 161. Choosing a way to manage an apartment building. General requirements for the management of an apartment building

1. Management of an apartment building should ensure favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building, solving issues of using said property, as well as providing public services to citizens living in such a building. The Government of the Russian Federation sets standards and rules for the management of apartment buildings.
(as amended by Federal Law of 04.06.2011 N 123-FZ)
1.1. The proper maintenance of the common property of the owners of premises in an apartment building should 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, protection of consumer rights, and should 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) the availability of the use of premises and other property that is part of the common property of owners of premises in an apartment building;
4) observance of the rights and legitimate interests of the owners of premises in an apartment building, as well as other persons;
5) the constant readiness of utilities, metering devices and other equipment that are part of the common property of owners of premises in an apartment building to supply the resources necessary for the provision of public services to citizens living in an apartment building, in accordance with the rules for provision, suspension and restrictions provision of utilities to owners and users of premises in apartment buildings and residential buildings established by the Government of the Russian Federation.
(Part 1.1 is introduced by the Federal Law of 04.06.2011 N 123-FZ)

1.2. The composition of the minimum list of services and works necessary to ensure the 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 is introduced by the Federal Law of 04.06.2011 N 123-FZ)
1.3. The activity for the management of apartment buildings is carried out on the basis of a license for its implementation, except for the case of such activity being carried out by a homeowners' partnership, housing cooperative or other specialized consumer cooperative and the case provided for in part 3 of Article 200 of this Code.
(Part 1.3 is introduced by Federal Law of 21.07.2014 N 255-FZ)
2. The owners of premises in an apartment building are obliged 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 not more than thirty;
(as amended by Federal Laws of 21.07.2014 N 255-FZ, of 29.06.2015 N 176-FZ)
2) management of a homeowners' association or a housing cooperative or other specialized consumer cooperative;
3) management of the managing organization.

Note:
On the peculiarities of the application of part 2.1 of Article 161 in terms of solid municipal waste management, see part 9 of Article 23 of the Federal Law of December 29, 2014 N 458-FZ.

2.1. In the implementation of 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 water disposal, 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), the handling of solid municipal waste, are liable to the owners of the premises in this house for the fulfillment of their obligations in accordance with the concluded agreements, as well as in accordance with the rules for maintaining general property in an apartment building, the rules for the provision, suspension and restriction of the provision of utilities to owners and users of premises in apartment buildings and residential buildings.
(Part 2.1 was introduced by Federal Law of 04.06.2011 N 123-FZ; as amended by Federal Law of 29.12.2014 N 458-FZ)
2.2. When an apartment building is managed by a homeowners' partnership or a housing cooperative or other specialized consumer cooperative, the said partnership or cooperative is responsible for the maintenance of common property in this building in accordance with the requirements of technical regulations and the rules for maintaining common property in an apartment building established by the Government of the Russian Federation, for the provision of utilities. services depending on the level of improvement of this 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 restriction of the provision of communal services to owners and users of premises in apartment buildings and residential buildings. The specified partnership or cooperative may provide services and (or) perform work on the maintenance and repair of common property in an apartment building on their own or engage, on the basis of contracts, persons carrying out the relevant activities. When concluding an agreement for the management of an apartment building with a management organization, the said partnership or cooperative shall exercise control over the fulfillment by the management organization of obligations under such an agreement, including the provision of all services and (or) performance of work ensuring the proper maintenance of common property in this building, and the provision of utilities. services depending on the level of improvement of this 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 restriction of the provision of communal services to owners and users of premises in apartment buildings and residential buildings.
(Part 2.2 is introduced by the Federal Law of 04.06.2011 N 123-FZ)
2.3. When managing an apartment building by a managing organization, it is responsible to the owners of premises in an apartment building for the provision of all services and (or) performance of work that ensure the proper maintenance of common property in this building and the quality of which must comply with the requirements of technical regulations and the maintenance rules established by the Government of the Russian Federation common property in an apartment building, for the provision of utilities, depending on the level of improvement of this 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 restriction of the provision of utilities to owners and users of premises in apartment buildings and residential buildings.
(Part 2.3 is introduced by the Federal Law of 04.06.2011 N 123-FZ)

Note:
When changing the method of managing an apartment building or choosing a managing organization, you can decide to maintain the previous procedure for the provision of utilities and payments for them (Federal Law of June 29, 2015 N 176-FZ).

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

4. The local self-government body, in accordance with the procedure established by the Government of the Russian Federation, shall hold an open tender for the selection of a managing organization if, within a year prior to the day of the said tender, the owners of premises in an apartment building have not chosen a method of managing this building, or the house was not realized. An open tender is also held in the event that before the expiration of the term of the management agreement for an apartment building, concluded as a result of an open tender, the management method for this building has not been chosen, or if the decision to choose the management method for this building has not been implemented.
(as amended by Federal Laws of December 29, 2006 N 251-FZ, of July 23, 2008 N 160-FZ, of July 27, 2010 N 237-FZ)
4.1. Information about an open tender for the selection of a management organization is posted on the official website of the Russian Federation in the information and telecommunications network "Internet" for posting information about the 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. Prior to the determination by the Government of the Russian Federation of the official website on the Internet, a notice of an open tender shall be posted on the official website of the municipality in the information and telecommunications network Internet, and also published in the official printed publication intended to publish information on placing orders for municipal needs ... Information about the holding of the specified tender should be available for familiarization to all interested parties without charging a fee. Information about the results of the open tender is posted on the website in the information and telecommunications network "Internet", where information about its holding was posted, no later than three days from the date of determination of such results, and is also published in the official print publication, in which information about conducting it.
(Part 4.1 is introduced by the Federal Law of 06.12.2011 N 401-FZ)
5. The local self-government body, within ten days from the date of the open tender provided for in part 4 of this article, notifies all owners of premises in an apartment building of the results of the said tender and the terms of the contract for the management of this building. The owners of premises in an apartment building are obliged to conclude a management agreement for this building with a management organization selected based on the results of an open tender provided for in part 4 of this article, in the manner prescribed by article 445 of the Civil Code of the Russian Federation.
6. The local self-government body, no later than one month before the expiration of the contract for the management of an apartment building specified in part 5 of this article, shall convene a meeting of owners of premises in this building to decide on the choice of a method for managing this building, if such a decision was not previously made in accordance with with part 3 of this article.
(as amended by Federal Law of 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 tender provided for in parts 4 and 13 of this article is allowed if the specified tender is declared invalid in accordance with the legislation.
(as amended by Federal Law of 05.04.2013 N 38-FZ)
8.1. It is not allowed to conclude a management agreement for an apartment building based on the results of an open tender or if the said tender is declared invalid, earlier than ten days from the date of posting information about the results of the said tender on the official website on the Internet. This requirement does not apply until the Government of the Russian Federation determines the official website on the Internet.
(Part 8.1 is introduced by the Federal Law of 06.12.2011 N 401-FZ)
9. An apartment building can be managed by only one management organization.
9.1. Abolished on September 1, 2014. - Federal Law of 21.07.2014 N 255-FZ.

Note:
Part 10 of Art. 161 applies until 01.01.2018, in 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 is not applied after 4 months after the date of entry into force of such agreements (Federal Law of July 21, 2014 N 263-FZ).

10. The managing organization must provide free access to information on the main indicators of its financial and economic activities, on the services provided and on the work performed for the maintenance and repair of common property in an apartment building, on the procedure and on the conditions for their provision and implementation, on their cost, on prices (tariffs) for resources required for the provision of utilities in accordance with the information disclosure standard approved by the Government of the Russian Federation. The specifics of disclosing information on the management of an apartment building and providing for review the documents provided for by this Code by a homeowners' partnership or a housing cooperative or other specialized consumer cooperative that manage an apartment building (without concluding an agreement with the managing organization) are established by this information disclosure standard. Control over the observance of this information disclosure standard by such a partnership, cooperative, management organization is carried out by the authorized executive bodies 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 body authorized by the Government of the Russian Federation.
(Part 10 as amended by Federal Law of 21.07.2014 N 263-FZ)

Note:
Part 10.1 of Art. 161 from 01.07.2017 is applied in the territories of all regions, and in years. Moscow, St. Petersburg, Sevastopol - from 01.07.2019 (Federal Law of 21.07.2014 N 263-FZ).

10.1. The managing organization is obliged to provide free access to information on the main indicators of its financial and economic activities, on the services provided and on the work performed for the maintenance and repair of common property in an apartment building, on the procedure and on the conditions for their provision and implementation, on their cost, on prices (tariffs) for the provided utilities by placing it in the system. The procedure, composition, timing and frequency of placement in the system of information on the management of an apartment building and the provision of documents for review, provided for by this Code, by a homeowners' partnership or a housing cooperative or other specialized consumer cooperative that manages an apartment building (without concluding an agreement with the management organization ), are established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of information technology, together with the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing utilities, unless a different period for posting this information in the system is established by federal law.
(Part 10.1 is introduced by Federal Law of 21.07.2014 N 263-FZ; as amended by Federal Law of 28.12.2016 N 469-FZ)
11. In case of concluding an agreement for the management of an apartment building by a homeowners' partnership or a housing cooperative or other specialized consumer cooperative with a management organization, utilities are provided to the owners and users of premises in this building by the managing organization, in other cases, utilities are provided to the specified owners and users 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 this house.
(Part 11 is introduced by the Federal Law of 04.06.2011 N 123-FZ)

Note:
For the specifics of the application of part 11.1 of Article 161 in terms of solid municipal waste management, see part 9 of Article 23 of the Federal Law of December 29, 2014 N 458-FZ.

Note:
For the specifics of applying part 12 of article 161 in terms of solid municipal waste management, see part 9 of article 23 of the Federal Law of December 29, 2014 N 458-FZ.

12. Managing organizations, homeowners' associations or housing cooperatives or other specialized consumer cooperatives that manage apartment buildings are not entitled to refuse to conclude, in accordance with the rules specified in part 1 of Article 157 of this Code, contracts with resource supplying organizations that carry out cold and hot water supply, sewerage, power supply, gas supply (including supply of domestic gas in cylinders), heating (heat supply, including supply of solid fuel in the presence of stove heating), and a regional operator for handling solid municipal waste. The owners of premises in apartment buildings shall not have the right to refuse to conclude the contracts specified in part 2 of Article 164 of this Code.
(Part 12 is introduced by Federal Law of 04.06.2011 N 123-FZ; as revised by Federal Law of 29.12.2014 N 458-FZ)
13. Within twenty days from the date of issuance, in accordance with the procedure established by the legislation on urban planning activities, permits for the commissioning of an apartment building, a local government body shall post a notice of an open tender 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 placement of such a notice, conducts an open tender in accordance with part 4 of this article. Within ten days from the date of the open tender, the local government shall notify all persons who have received from the developer (the person providing the construction of an apartment building) after the issuance of a permit to enter the apartment building into operation of the premises in this building under a deed of transfer or other transfer document, on the results of an open tender and on the terms of the contract for the management of this house. These persons are obliged to conclude a contract for the management of this house with a management organization selected based on the results of an open tender. 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 shall be deemed concluded on the terms determined by the open tender.
(as amended by Federal Laws of 05.04.2013 N 38-FZ, of 29.06.2015 N 176-FZ)
14. Prior to the conclusion of an agreement for the management of an apartment building between the person specified in clause 6 of part 2 of Article 153 of this Code and the management organization selected by the results of an open tender, the management of the apartment building shall be carried out by the management organization, with which the developer must conclude a management agreement for the apartment building not later than five days from the date of receipt of permission to commission an apartment building.
(Part 14 as amended by Federal Law of June 29, 2015 N 176-FZ)
14.1. In case of termination of the use of the building as a rented house, the owner, who owns all the premises in an apartment building, makes decisions on issues related to the management of an apartment building in the manner prescribed 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 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 select such owners at a general meeting and implement the method of managing this apartment building ...
(Part 14.1 is introduced by Federal Law of 21.07.2014 N 217-FZ)
15. The organization that supplies the resources necessary for the provision of utilities is responsible for the supply of these resources of proper quality to the boundaries of the common property in the apartment building and the boundaries of the external networks of engineering and technical support of this building, unless otherwise provided by an agreement with such an organization.
(Part 15 is introduced by the Federal Law of 04.06.2011 N 123-FZ)

Note:
For the specifics of the application of part 15.1 of Article 161 in terms of solid municipal waste management, 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 municipal solid waste management services starting from the place of accumulation of municipal solid waste, unless otherwise specified in the contract.
(Part 15.1 is introduced by Federal Law of December 29, 2014 N 458-FZ; as amended by Federal Law of December 29, 2015 N 404-FZ)
16. A person who is responsible for the maintenance and repair of common property in an apartment building, within the scope of the provision of these services, is obliged to ensure the condition of the common property in an apartment building at the level necessary for the provision of public services of adequate quality.
(Part 16 is introduced by the Federal Law of 04.06.2011 N 123-FZ)

Article 161.1. Apartment building board

(introduced by the Federal Law of 04.06.2011 N 123-FZ)

1. In the event that an association of homeowners has not been created in an apartment building, or this house is not managed by a housing cooperative or other specialized consumer cooperative, and at the same time there are more than four apartments in this house, the owners of premises in this house at their general meeting are obliged to elect the council of an apartment building from among the owners of premises in this house. Registration of the council of an apartment building with local governments 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 on the election of the council of an apartment building by the owners of the premises in it is not made or the corresponding decision is not implemented, the local government shall convene a general meeting of owners of premises within three months. an apartment building, the agenda of which includes issues on the election of the council of an apartment building in this house, including the chairman of the council of this house, or on the creation of an association of homeowners in this house.
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 the general meeting of owners of premises in an 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, apartments available in this building.
5. Council of the 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 issues for discussion of proposals on the procedure for using common property in an apartment building, including land plot, on which this 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 this house in relation to common property in this house 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, the adoption of decisions on which does not contradict this Code;
3) submits proposals to the owners of premises in an apartment building on planning management of an apartment building, organizing such management, maintaining and repairing common property in this building;
4) submit to the owners of premises in an apartment building, prior to consideration at the general meeting of owners of premises in this building, its opinion on the terms of draft agreements proposed for consideration at this general meeting. In the event that a commission for evaluating draft contracts is elected in an apartment building, the said conclusion shall be submitted by the council of this building together with such a commission;
5) exercise 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 over the quality of communal services provided to owners of residential and non-residential premises in an apartment building and users of such premises, including premises that are part of the common property in this building;
6) submits for approval to the annual general meeting of owners of premises in an apartment building a report on the work done;
7) make decisions on the current repair of common property in an apartment building in the event of an appropriate decision made by the general meeting of owners of premises in an apartment building in accordance with paragraph 4.2 of Part 2 of Article 44 of this Code.
(Clause 7 introduced by Federal Law of June 29, 2015 N 176-FZ)

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

1) before the general meeting of owners of premises in an apartment building makes a decision to conclude a management agreement for an apartment building, he has the right to enter into negotiations regarding the terms of this 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 contracts specified in parts 1 and 2 of Article 164 of this Code;
2) bring to the notice 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, conclude, on the conditions specified in the decision of the general meeting of owners of premises in this building, an agreement for the management of an apartment building or contracts specified in parts 1 and 2 of Article 164 of this Code. Under the contract for the management of an apartment building, all owners of premises in an apartment building acquire rights and become obligated, who have provided the chairman of the council of an apartment building with powers certified by such powers of attorney. The owners of premises in an apartment building have the right to demand from the management organization a copy of this agreement, and if the apartment building is directly managed by 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 acts of acceptance of services rendered and (or) work performed on maintenance and current repair of common property in an apartment building, acts on violation of quality standards or frequency of services and (or) performance of work on the maintenance and repair of common property in an apartment building, acts on non-provision of utilities or the provision of utilities of inadequate quality, and also sends to local government bodies, applications for non-fulfillment by the managing organization of the obligations provided for by 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 cases related to the management of this building and the provision of utilities;
6) make decisions on issues that have been 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 paragraph 4.3 of part 2 of article 44 of this Code.
(Clause 6 introduced by Federal Law of 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 an apartment building, including the chairman of the council of an apartment building. Such a decision must contain the conditions and procedure for the payment of the specified remuneration, as well as the procedure for determining its amount.
(Part 8.1 is introduced by Federal Law of June 29, 2015 N 176-FZ)
9. The council of an apartment building is valid until re-election at the general meeting of owners of premises in an apartment building or, in the event of a decision to create a homeowners 'partnership, until the board of the homeowners' partnership is elected.
10. The council of an apartment building is subject to re-election at the general meeting of owners of premises in an apartment building every two years, unless another period is established by a decision of the general meeting of owners of premises in this building. In case of improper performance of its duties, the council of an apartment building may be re-elected ahead of schedule by the general meeting of owners of premises in an apartment building.
11. To prepare proposals on certain issues related to the management of an apartment building, commissions of owners of premises in this building may be elected, which are collegial advisory bodies for managing an apartment building.
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 an apartment building.
13. The general meeting of owners of premises in an apartment building may decide to use a system or other information system, taking into account the functions of these systems in the activities of the council of an apartment building, the chairman of the council of an apartment building, commissions of owners of premises in an apartment building, if elected, as well as determination of persons who, on behalf of the owners of premises in an apartment building, are authorized to ensure the activities of the said council, chairman, commissions.
(Part 13 is introduced by Federal Law of 21.07.2014 N 263-FZ)

Section 162. Management contract for an apartment building

1. An agreement for the management of an apartment building is concluded with a management organization, which 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 a 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 house, possessing more than fifty percent of the votes from the total the votes of the owners of the premises in this house, act as one party to the concluded agreement.
(as amended by Federal Laws of 04.06.2011 N 123-FZ, of 21.07.2014 N 263-FZ, of 21.07.2014 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 the issuance of a permit to enter an apartment building into operation, a premise in this building is concluded under a deed of transfer or other transfer document. management agreement for an apartment building. In this case, such persons act as one party to the concluded agreement if they constitute more than fifty percent of their total number.
(Part 1.1 is introduced by the Federal Law of 05.04.2013 N 38-FZ)
2. Under the contract for the management of an apartment building, one party (the managing organization) on the instructions of the other party (owners of premises in an apartment building, governing bodies of a homeowners' partnership, governing bodies of a housing cooperative or governing bodies of another specialized consumer cooperative, the person specified in clause 6 of part 2 of Article 153 of this Code, or in the case provided for in part 14 of Article 161 of this Code, the developer) within the 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 the general property in such a house, to provide utilities to the owners of premises in such a house and to persons using the premises in this house, to carry out other activities aimed at achieving the goals of managing an apartment building.
(as amended by Federal Laws of 04.06.2011 N 123-FZ, of 05.04.2013 N 38-FZ, of 21.07.2014 N 255-FZ)
2.1. An agreement for the management of an apartment building, concluded in the manner prescribed by this article, must be placed by the management organization in the system in the manner prescribed by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of information technology, together with the federal the executive authority responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services.

3. The contract for the management of an apartment building must indicate:

1) the composition of the common property of an apartment building, in respect of which the management will be carried out, and the address of such a building;
2) a list of works and (or) services for the management of 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 of 21.07.2014 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 a fee;
4) the procedure for exercising control over the fulfillment by the management organization of its obligations under the management agreement.

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

1) in the case specified in subsection (1) of this section, 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 not 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 not exceeding three months.
(Part 5 as revised by Federal Law No. 38-FZ of 05.04.2013)

6. In the absence of a statement by one of the parties to terminate the management agreement for an apartment building at the end of its validity period, such an agreement shall be deemed extended for the same period and on the same conditions as provided for by such an agreement.
7. Unless otherwise established by the agreement for the management of an apartment building, the management organization is obliged to start the implementation of 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. The owners of premises in an apartment building in unilaterally has the right to refuse to fulfill the contract for the management of an apartment building, concluded as a result of an open tender provided for in parts 4 and 13 of Article 161 of this Code, upon the expiration of each subsequent year from the date of the conclusion of the specified contract if, before the expiration of such an agreement, the general meeting of owners of premises in In an apartment building, a decision has been made to choose or to change the way of managing this building.
(Part eight.1 introduced by Federal Law No. 251-FZ of December 29, 2006, as revised by No. 123-FZ Federal Law of June 4, 2011)
8.2. The 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 execute the management agreement for an apartment building, if the management organization does not fulfill the terms of such an agreement, and to decide on the choice of another management organization or on changing the way of data management home.
(Part eight.2 was introduced by the Federal Law of December 29, 2006 N 251-FZ, as revised by the Federal Law of 04.06.2011 N 123-FZ)
9. Management of an apartment building, which is owned by a housing cooperative or in which a homeowners' partnership has been established, shall be carried out taking into account the provisions of Sections V and VI of this Code.
10. The management organization, thirty days before the termination of the management agreement for an apartment building, is obliged to transfer the technical documentation for the apartment building and other documents related to the management of such a building to the newly selected management organization, a homeowners' partnership or a housing cooperative or other specialized consumer cooperative, or in the case of direct management of such a building. house by the owners of premises in such a house to one of these owners specified in the decision of the general collection of these owners on the choice of a method of managing such a house, or, if such an owner is not specified, 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.

Section 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 formation, shall be established, respectively, by the federal executive body authorized by the Government of the Russian Federation, the state power body of the constituent entity of the Russian Federation and local self-government body.
(as amended by Federal Law of 23.07.2008 N 160-FZ)
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 law common property on the common property in an apartment building is more than fifty percent, carried out on the basis of a management agreement for this building, concluded with a management organization selected based on the results of an open tender, which is conducted 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 of 04.06.2011 N 123-FZ)

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

1. With the direct management of an apartment building by the owners of premises in such a building, contracts for the provision of services for the maintenance and (or) performance of work on the repair of common property in such a building with persons carrying out the relevant activities, the owners of the premises in such a building shall conclude on the basis of decisions of the general meeting of the specified owners. In this case, all or most of the owners of premises in such a house act as one party to the contracts concluded.
(as amended by Federal Laws of 04.06.2011 N 123-FZ, of 21.07.2014 N 255-FZ)
1.1 - 1.2. Abolished on September 1, 2014. - Federal Law of 21.07.2014 N 255-FZ.

Note:
On the peculiarities of the application of part 2 of Article 164 in terms of solid municipal waste management, see part 9 of Article 23 of the Federal Law of December 29, 2014 N 458-FZ.

2. Contracts for hot water supply, cold water supply, water disposal, 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), solid waste management are concluded by each owner of the premises directly managing the apartment building on its own behalf.
(as amended by Federal Laws dated 07.12.2011 N 417-FZ, dated 29.12.2014 N 458-FZ)
2.1. Contracts concluded, including in electronic form using the system, by the owners of premises in an apartment building directly managing such a building, in the cases provided for by this article, must be placed by the said owners in the system in the manner prescribed 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 responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services.
(Part 2.1 is introduced by Federal Law of 21.07.2014 N 263-FZ)
3. On the basis of the decision of the general meeting of owners of premises in an apartment building, directly managing such a building, on behalf of the owners of premises in such a building, one of the owners of premises in such a building or another person having authority certified by a power of attorney may act in relations with third parties, issued in writing to him by all or most of the owners of premises in such a house.

Section 165. Creation of conditions for the management of apartment buildings
(as amended by Federal Law of 21.07.2014 N 263-FZ)

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

1) ensure equal conditions for the activities of managing organizations, regardless of organizational and legal forms;
2) may provide management organizations, homeowners' associations or housing cooperatives or other specialized consumer cooperatives budget resources on overhaul apartment buildings;
3) contribute to the improvement of the level of qualifications of persons who manage apartment buildings, and the organization of training for persons intending to carry out such activities;
4) contribute to the creation and activities in the municipality of the public associations specified in part 8 of Article 20 of this Code, and other non-profit organizations.
(Clause 4 was introduced by the Federal Law of June 28, 2014 N 200-FZ)

1.1. The 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, governing bodies of a homeowners' partnership or governing bodies of a housing cooperative or 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 non-fulfillment by the managing organization of the obligations provided for in part 2 of Article 162 of this Code, within five days, conducts an unscheduled check of the activities of the managing organization. In case, according to the results the specified check it was revealed that the management organization did not fulfill the terms of the management agreement for an apartment building, the local government, no later than fifteen days from the date of the relevant appeal, convenes a meeting of owners of premises in this building to resolve issues on terminating the agreement with such a management organization and on choosing a new management organization or changing the method management of this house.
(Part 1.1 was introduced by Federal Law of 04.06.2011 N 123-FZ, as revised by Federal Laws of 25.06.2012 N 93-FZ, of 28.06.2014 N 200-FZ)
2. Local self-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 the established prices (tariffs) for services and work on the maintenance and repair of the general property in apartment buildings and residential premises in them, on the amount of payment in accordance with the established prices (tariffs), on the volume, on the list and quality of services provided and (or) work performed, on prices (tariffs) for the provided utilities and the amount of payment these services, on the participation of representatives of local governments in annual and extraordinary general meetings of owners of premises in apartment buildings.
(as amended by Federal Laws of 04.06.2011 N 123-FZ, of 21.07.2014 N 263-FZ)
3. Local self-government bodies are obliged to provide citizens, upon their requests, with information, including using the system, on municipal programs in the housing sector and in the field of public services, on the regulatory legal acts of local self-government bodies regulating relations in these areas, on the state of territories of municipalities of utility and engineering infrastructures, on the persons operating these facilities, on production programs and on investment programs of organizations supplying resources necessary for the provision of utilities, on compliance with the established quality parameters of goods and services of such organizations, on the state of settlements of persons managing apartment buildings, with persons engaged in the production and sale of resources necessary for the provision of utilities, as well as with persons carrying out wastewater disposal.
(Part 3 was introduced by Federal Law of 04.06.2011 N 123-FZ, as revised by Federal Laws of 21.07.2014 N 263-FZ, of 29.07.2017 N 257-FZ)
4. Organizations supplying resources necessary for the provision of utilities, as well as persons providing services, performing work on the maintenance and repair of the common property of owners of premises in apartment buildings and providing utilities are obliged to post in the system the information provided for by the legislation on state information system housing and communal services.
(Part 4 as amended by Federal Law of 21.07.2014 N 263-FZ)
5. The procedure, forms, terms and frequency of posting the information specified in part 4 of this article in the system are established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of information technology, together with the federal executive body authorities exercising 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 of 21.07.2014 N 263-FZ, of 28.12.2016 N 469-FZ)

"Housing Code of the Russian Federation" of December 29, 2004 N 188-FZ (as amended on July 26, 2019) (as amended and supplemented, entered into force on July 26, 2019)
Section VIII ... MANAGEMENT OF APARTMENT BUILDINGS

Article 161 of the LC RF. Choosing a way to manage an apartment building. General requirements for the management of an apartment building

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

1. Management of an apartment building must ensure favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building, solving issues of using said property, as well as providing public services to citizens living in such a building, or in cases provided for in Article 157.2 of this Code, constant readiness of utilities and other equipment that are part of the common property of owners of premises in an apartment building for the provision of utilities (hereinafter - ensuring the readiness of engineering systems). The Government of the Russian Federation sets standards and rules for the management of apartment buildings.

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) the availability of the use of premises and other property that is part of the common property of owners of premises in an apartment building;

4) observance of the rights and legitimate interests of the owners of premises in an apartment building, as well as other persons;

2. The owners of premises in an apartment building are obliged 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 not more than thirty;

2) management of a homeowners' association or a housing cooperative or other specialized consumer cooperative;

3) management of the managing organization.

2.2. When an apartment building is managed by a homeowners' partnership or a housing cooperative or other specialized consumer cooperative, the said partnership or cooperative is responsible for the maintenance of common property in this building in accordance with the requirements of technical regulations and the rules for maintaining common property in an apartment building established by the Government of the Russian Federation, for the provision of utilities. services depending on the level of improvement of this 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 restriction of the provision of communal services to owners and users of premises in apartment buildings and residential buildings, or in cases provided for in Article 157.2 of this Code, for ensuring readiness of engineering systems. The specified partnership or cooperative may provide services and (or) perform work on the maintenance and repair of common property in an apartment building on their own or engage, on the basis of contracts, persons carrying out the relevant activities. When concluding an agreement for the management of an apartment building with a management organization, the said partnership or cooperative shall exercise control over the fulfillment by the management organization of obligations under such an agreement, including the provision of all services and (or) performance of work ensuring the proper maintenance of common property in this building, and the provision of utilities. services depending on the level of improvement of this 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 restriction of the provision of communal services to owners and users of premises in apartment buildings and residential buildings.

4. The local self-government body, in the manner established by the Government of the Russian Federation, shall hold an open tender for the selection of a managing organization in the cases specified in part 13 of this article and part 5 of article 200 of this Code, as well as if within six months prior to the date of holding of the specified competition, the owners of premises in an apartment building did not choose the way to manage this building, or if the decision to choose a way to manage this building was not implemented. An open tender is also held in the event that before the expiration of the term of the management agreement for an apartment building, concluded as a result of an open tender, the management method for this building has not been chosen, or if the decision to choose the management method for this building has not been implemented.

4.1. Information about an open tender for the selection of a management organization is posted on the official website of the Russian Federation in the information and telecommunications network "Internet" for posting information about the 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. Prior to the determination by the Government of the Russian Federation of the official website on the Internet, a notice of an open tender shall be posted on the official website of the municipality in the information and telecommunications network Internet, and also published in the official printed publication intended to publish information on placing orders for municipal needs ... Information about the holding of the specified tender should be available for familiarization to all interested parties without charging a fee. Information about the results of the open tender is posted on the website in the information and telecommunications network "Internet", where information about its holding was posted, no later than three days from the date of determination of such results, and is also published in the official print publication, in which information about conducting it.

9. An apartment building can be managed by only one management organization.

10. The managing organization must provide free access to information on the main indicators of its financial and economic activities, on the services provided and on the work performed for the maintenance and repair of common property in an apartment building, on the procedure and on the conditions for their provision and implementation, on their cost, on prices (tariffs) for resources required for the provision of utilities in accordance with the information disclosure standard approved by the Government of the Russian Federation. The specifics of disclosing information on the management of an apartment building and providing for review the documents provided for by this Code by a homeowners' partnership or a housing cooperative or other specialized consumer cooperative that manage an apartment building (without concluding an agreement with the managing organization) are established by this information disclosure standard. Control over the observance of this information disclosure standard by such a partnership, cooperative, management organization is carried out by the authorized executive bodies 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 body authorized by the Government of the Russian Federation.

1) provide resource-supplying organizations, a regional operator for handling solid municipal waste with information necessary for calculating utility bills, including on the readings of individual metering devices (when such readings are provided by the owners of premises in an apartment building and tenants of residential premises under social employment contracts or lease agreements for residential premises of the state or municipal housing stock in this house of the management organization, a homeowners' partnership or a housing cooperative or other specialized consumer cooperative) and collective (common house) metering devices installed in an apartment building;

2) monitor the quality of communal resources and the continuity of their supply to the boundaries of the common property in an apartment building;

13. Within twenty days from the date of issuance, in accordance with the procedure established by the legislation on urban planning activities, permits for the commissioning of an apartment building, a local government body shall post a notice of an open tender 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 placement of such a notice, conducts an open tender in accordance with part 4 of this article. Within ten days from the date of the open tender, the local government shall notify all persons who have received from the developer (the person providing the construction of an apartment building) after the issuance of a permit to enter the apartment building into operation of the premises in this building under a deed of transfer or other transfer document, on the results of an open tender and on the terms of the contract for the management of this house. These persons are obliged to conclude a contract for the management of this house with a management organization selected based on the results of an open tender. 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 shall be deemed concluded on the terms determined by the open tender.