Housing Code Article 161.1 clarifications. Section VIII. Management of apartment buildings. Who can be the chairman

2. In the cases specified in part 1 of this article, provided that within calendar year the decision on the election of the council of an apartment building by the owners of the premises in it has not been made or the corresponding decision has not been implemented, the local government body, within three months, convenes a general meeting of owners of the premises in the apartment building, the agenda of which includes issues on the election of the council of the apartment building in this building, including including the chairman of the council of this house, or on the creation of a homeowners' association 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 a general meeting of owners of premises in the apartment building. Unless otherwise established by a decision of the general meeting of owners of premises in an apartment building, the number of members of the council of an apartment building is established taking into account the number of entrances, floors, and apartments available in the building.

5. Council of an apartment building:

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

2) submits proposals on the procedure for use to the general meeting of owners of premises in an apartment building as issues for discussion common property in an apartment building, including the 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 building in relation to the common property in this home and the provision of public services, as well as proposals on issues related to the 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 issues of planning the management of an apartment building, organizing such management, maintenance and repair of common property in this building;

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

5) exercises control over the provision of services and (or) performance of work on the management of an apartment building, maintenance and repair of common property in an apartment building and the quality of the services provided utilities 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 a report on the work done for approval to the annual general meeting of owners of premises in an apartment building.

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

8. Chairman of the council of an apartment building:

1) before acceptance general meeting owners of premises in an apartment building who decide to conclude a management agreement for an apartment building have the right to enter into negotiations regarding the conditions the said agreement, and in the 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) brings to the attention of the general meeting of owners of premises in an apartment building the results of negotiations on the issues specified in paragraph 1 of this part;

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

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

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

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

10. The council of an apartment building is subject to re-election at a general meeting of owners of premises in an apartment building every two years, unless a different period is established by a decision of the general meeting of owners of premises in a given building. In case of improper performance of its duties, the council of an apartment building may be re-elected early by the general meeting of owners of premises in the apartment building.

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

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

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

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

5. Council of an apartment building:

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

2) submits to the general meeting of owners of premises in an apartment building, as issues for discussion, 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 the 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;

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

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

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

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

8. Chairman of the council of an apartment building:

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

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

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

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

13. The general meeting of owners of premises in an apartment building may decide to use the system or another 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 they are elected, as well as on the 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.

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

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

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

1) compliance with the requirements for the reliability and safety of an apartment building;
2) safety of life and health of citizens, property individuals, property legal entities, state and municipal property;
3) availability of use of premises and other property included in the common property of the owners of premises in an apartment building;
4) compliance with the rights and legitimate interests of the owners of premises in an apartment building, as well as other persons;
5) constant readiness engineering communications, metering devices and other equipment that are part of the common property of the owners of premises in an apartment building, to supply the resources necessary to provide public services to citizens living in an apartment building, in accordance with the rules for the provision, suspension and limitation of the provision of public services to owners and users premises in apartment buildings and residential buildings established by the Government of the Russian Federation.
(Part 1.1 introduced by Federal Law dated 06/04/2011 N 123-FZ)

1.2. The composition of the minimum list of services and works necessary to ensure proper maintenance of common property in an apartment building, the procedure for their provision and implementation are established by the Government of the Russian Federation.
(Part 1.2 introduced by Federal Law dated 06/04/2011 N 123-FZ)
1.3. Activities related to the management of apartment buildings are carried out on the basis of a license for its implementation, with the exception of the case when such activities are carried out by a homeowners’ association, housing cooperative or other specialized consumer cooperative and the case provided for in Part 3 of Article 200 of this Code.
(Part 1.3 introduced by Federal Law dated July 21, 2014 N 255-FZ)
2. Owners of premises in an apartment building are required to choose one of the methods of managing an apartment building:

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

Note:
On the specifics of applying Part 2.1 of Article 161 in relation to the management of municipal solid waste, see Part 9 of Article 23 of the Federal Law of December 29, 2014 N 458-FZ.

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

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

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

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

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

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

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

10.1. The management organization is obliged to provide free access to information about the main indicators of its financial and economic activities, about the services provided and about the work performed for the maintenance and repair of common property in an apartment building, about the procedure and conditions for their provision and implementation, about their cost, about prices (tariffs) for the provided utilities through its placement in the system. The procedure, composition, terms and frequency of posting in the system information about the activities of managing an apartment building and providing for review of documents provided for by this Code, a homeowners' association or a housing cooperative or other specialized consumer cooperative managing an apartment building (without concluding an agreement with the management organization ), are established by the federal executive body exercising the functions of developing and implementing public policy and legal regulation in the field information technologies, together with the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of housing and communal services, if the placement period in the system is different specified information not established by federal law.
(Part 10.1 introduced by Federal Law dated July 21, 2014 N 263-FZ; as amended by Federal Law dated December 28, 2016 N 469-FZ)
11. In the case of concluding an agreement for the management of an apartment building by a homeowners’ association or a housing cooperative or other specialized consumer cooperative with a management organization, utility services to the owners and users of premises in this building are provided by the management organization; in other cases, utilities to the specified owners and users are provided by persons responsible for the maintenance of engineering and technical support networks that are part of the common property of the owners of premises in a given building.
(Part 11 introduced by Federal Law dated June 4, 2011 N 123-FZ)

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

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

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

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

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

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

Article 161.1. Apartment building council

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

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

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

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

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

Article 162. Apartment building management agreement

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. If a homeowners’ association has not been created in an apartment building or the building is not managed by a housing cooperative or other specialized consumer cooperative and there are more than four apartments in this building, the owners of the premises in this building at their general meeting are required to elect a council of the apartment building houses from among the owners of premises in this house. Registration of the council of an apartment building with local authorities or other bodies is not carried out. 2. In the cases specified in part 1 of this article, provided that during a calendar year the decision to elect the council of an apartment building by the owners of the premises is not made or the corresponding decision is not implemented, the local government body, within three months, convenes a general meeting of the owners of the premises in an apartment building, the agenda of which includes issues on the election of a council of an apartment building in this building, including the chairman of the council of this building, or on the creation of a homeowners’ association in this building. 3. The council of an apartment building cannot be elected in relation to several apartment buildings. 4. The number of members of the council of an apartment building is established at a general meeting of owners of premises in the apartment building. Unless otherwise established by a decision of the general meeting of owners of premises in an apartment building, the number of members of the council of an apartment building is established taking into account the number of entrances, floors, and apartments available in the building. 5. The council of an apartment building: 1) ensures the implementation of decisions of the general meeting of owners of premises in an apartment building; 2) submits to the general meeting of owners of premises in an apartment building, as questions for discussion, proposals on the procedure for using common property in an apartment building, including the land plot on which 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 a given building in relation to the common property in a given building and the provision of utilities, as well as proposals on issues of competence of the council of an apartment building, elected commissions and other proposals on issues on which decisions are made does not contradict this Code; 3) submits proposals to the owners of premises in an apartment building on issues of planning the management of an apartment building, organizing such management, maintenance and repair of common property in this building; 4) submits to the owners of premises in an apartment building, before consideration at the general meeting of owners of premises in this building, its conclusion on the terms of the draft agreements proposed for consideration at this general meeting. If a commission is elected in an apartment building to evaluate draft contracts, the specified conclusion is presented by the council of this building together with such a commission; 5) exercises control over the provision of services and (or) performance of work on the management of an apartment building, maintenance and repair of common property in an apartment building and the quality of utilities provided to owners of residential and non-residential premises in an apartment building and users of such premises, including premises, included in the common property in this house; 6) submits a report on the work done for approval to the annual general meeting of owners of premises in an apartment building. 6. From among the members of the council of an apartment building, at a general meeting of owners of premises in an apartment building, the chairman of the council of the apartment building is elected. 7. The chairman of the council of an apartment building manages the current activities of the council of the apartment building and is accountable to the general meeting of owners of premises in the apartment building. 8. The chairman of the council of an apartment building: 1) before the general meeting of owners of premises in an apartment building makes a decision on concluding a management agreement for an apartment building, he has the right to enter into negotiations regarding the terms of the said agreement, and in the case of direct management of an apartment building, the owners of premises in this building have the right to enter into negotiations regarding terms of contracts specified in parts 1 and 2; 2) brings to the attention of the general meeting of owners of premises in an apartment building the results of negotiations on the issues specified in paragraph 1 of this part; 3) on the basis of a power of attorney issued by the owners of premises in an apartment building, concludes, under the conditions specified in the decision of the general meeting of owners of premises in a given building, a management agreement for an apartment building or agreements specified in parts 1 and 2 of Article 164 of the Housing Code of the Russian Federation. Under the management agreement for an apartment building, all owners of premises in the apartment building who have granted the chairman of the board of the apartment building powers certified by such powers of attorney acquire rights and become obligated. The owners of premises in an apartment building have the right to demand from the management organization a copy of this agreement, and in the case of direct management of an apartment building, the owners of premises in this building, copies of agreements concluded with persons providing services and (or) performing work on the maintenance and repair of common property in this building , from the specified persons; 4) exercises control over the fulfillment of obligations under concluded contracts for the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building on the basis of a power of attorney issued by the owners of premises in an apartment building, signs acceptance certificates for services provided and (or) work performed on maintenance and current repair of common property in an apartment building, acts of violation of quality standards or frequency of provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building, acts of failure to provide utilities or provision of utility services of inadequate quality, and also sends appeals to local government bodies about the management organization's failure to fulfill the obligations provided for in Part 2 of Article 162 of the Housing Code of the Russian Federation; 5) on the basis of a power of attorney issued by the owners of premises in an apartment building, acts in court as a representative of the owners of premises in this building in matters related to the management of this building and the provision of utilities. 9. The council of an apartment building operates until re-election at a general meeting of owners of premises in an apartment building or in the event of a decision to create a homeowners’ association until the election of the board of the homeowners’ association. 10. The council of an apartment building is subject to re-election at a general meeting of owners of premises in an apartment building every two years, unless a different period is established by a decision of the general meeting of owners of premises in a given building. In case of improper performance of its duties, the council of an apartment building may be re-elected early by the general meeting of owners of premises in the apartment building. 11. To prepare proposals on certain issues related to the management of an apartment building, commissions of owners of premises in a given building, which are collegial advisory bodies for managing the apartment building, may be elected. 12. Commissions of owners of premises in an apartment building are elected by decision of the general meeting of owners of premises in an apartment building or by decision of the council of the apartment building. 13. The general meeting of owners of premises in an apartment building may make a decision on the use of a system or other information system, taking into account the functions of these systems in the activities of the council of the apartment building, the chairman of the council of the apartment building, commissions of owners of premises in the apartment building if they are elected, as well as determining the persons who, on behalf of the owners of premises in an apartment building, are authorized to ensure the activities of the specified council, chairman, and commissions.

Apartment building council

Commentary on Article 161.1 of the RF Housing Code:

1. Since June 18, 2011, the Housing Code of the Russian Federation has been replenished with a new institution called the council of an apartment building. Title of comment. Art. seems not entirely correct, since any real estate object cannot have any council, as well as an animate governing body. From the standpoint of common sense, this council should be called a council of residents or a council of premises owners. The appearance of this institution in the subject field of housing legislation indicates another attempt by the state to activate citizens who do not want or are unable, for various reasons, to manage apartment buildings in which they are the owners of the premises, and also to put them under the control of professional managers who will obviously dictate to the owners favorable conditions for yourself.

At its core, the council of an apartment building is analogous to the board of a homeowners' association or housing cooperative, but it operates where housing associations of citizens in the form of legal entities have not been created.

2. In part 1 comment. Art. contains an order obliging the owners of premises in an apartment building, which is not managed by any of the housing associations, to elect from among their members the council of the apartment building. This requirement does not seem entirely justified from the point of view of its binding nature. It would be preferable to give property owners the right to elect an appropriate council from among themselves.

Literal interpretation of the first sentence, part 1 comment. Art. in its systematic relationship with the rules of Art. 164 of the Housing Code of the Russian Federation shows that the house council must also be elected when directly managing such a house, if the latter consists of more than four apartments. Apartment buildings with four or fewer apartments, regardless of the number of rooms in them, are not required to elect a building council.

The council of an apartment building is elected at a general meeting of premises owners, held according to the rules established by the norms of Art. Art. 44 - 46 comments. law.

3. In part 3 comments. Art. the legally significant consequence of failure to make a decision on electing the council of an apartment building or non-implementation of decision taken about such an election. Such a consequence is the essentially forced convening by a local government body of a general meeting of premises owners, the voting results of which are far from predictable.

The calendar year for making a decision on voluntarily electing a house council expires on June 18, 2012.

4. The norm formulated in part 3 of the commentary. Art., means that each house that is not managed by a partnership or housing cooperative must have its own council, formed from among the owners of the premises in this building.

5. In part 4 comments. Art. contains recommendations that orient the owners of premises to the correct, in the opinion of the legislator, quantitative composition of members of the council of an apartment building. At the same time, the professional skills of one or another owner of the premises apparently do not matter. Representation on the board on behalf of the owners is not provided.

6. Part 5 comments. Art. contains rules outlining the responsibilities of the council of an apartment building. In terms of content, the fulfillment of the duties established by the legislator appears to be beyond the power of ordinary citizens who are not professionals in a particular field of activity.

7. In parts 6 and 7 comments. Art. rules have been formulated that should be relied upon when electing the chairman of the council of an apartment building and establishing the boundaries of his competence.

8. The powers of the chairman of the council of an apartment building are outlined in part 8 of the commentary. Art. These powers are reduced mainly to the conduct of contractual work, which makes an amateur chairman obviously more weak side in relations with professional lawyers resource supply organizations and management companies. Legal support for the activities of the chairman of the council, as well as the council of the apartment building as a whole, according to the rules of commentary. Art. not provided. The general meeting of owners of premises in an apartment building, within the meaning of the rules enshrined in, does not have the right to hire specialists in areas related to the management of the common property of an apartment building.

9. Life cycle the existence of a personally elected council of an apartment building is established by a dispositive norm enshrined in Part 10 of the Commentary. Art., and equals two years. The Council may terminate its activities early on two grounds, namely:

If the owners of the premises decide to create a homeowners' association;

In case of early re-election by the general meeting due to improper performance by the council of its duties.

In the first case, the council continues to function until the board of the homeowners association is formed.

In the second case, the council continues to function until its new composition is formed.

10. The norms enshrined in Parts 11 and 12 of the comment. Art., it is allowed to create several more structures of an advisory nature in an apartment building, designed to develop proposals regarding the management of the specified building. These structures, called commissions of premises owners, can only include persons who own premises in a given building. The number of such commissions is not limited, nor is their personal composition limited. The legislator has not determined the formula for electing commissions by the house council.

11. Comment rules. Art. do not contain rules that would establish liability of the council of an apartment building and its chairman for failure to fulfill or improper performance of their duties. In this, it seems, lies a certain danger, since there will be plenty of people who want to irresponsibly “steer” the common property on a voluntary basis.