Housing Code Article 161.1 clarifications. Housing Code: powers of the chairman of the council of apartment buildings. Powers after agreement

In houses No. 43, No. 45 and No. 48 in the village of Razvilka, councils were created based on the decisions of the owners apartment buildings. Why they were created, why, we will try to understand this issue.

Advice apartment building, is a body representing the interests of the owners of premises in an apartment building. The building council is elected in each building with more than four apartments, where a homeowners’ association has not been created and the building is not managed by a housing cooperative or other specialized consumer cooperative (Part 1 of Article 161.1 of the Housing Code of the Russian Federation).

The council of an apartment building is elected for a period of two years, unless a different period is established by a decision of the general meeting of owners of premises in the building (Part 10, Article 161.1 of the Housing Code of the Russian Federation). The number of council members of an apartment building is established at a general meeting of premises owners. Unless otherwise established by a decision of the general meeting of premises owners, 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 a given building (Part 4 of Article 161.1 of the Housing Code of the Russian Federation).

The decision to elect the council of a new apartment building must be made within one calendar year from the date of commissioning of the house.

If such a decision is not made either decision not implemented, the local government body must, within three months, convene a general meeting of premises owners to elect the council of the apartment building and its chairman (Part 2 of Article 161.1 of the Housing Code of the Russian Federation).

The council of an apartment building has the following powers:

Ensures the implementation of decisions of the general meeting of owners of premises in an apartment building.
Submits to the general meeting of owners proposals on the procedure for using common property, planning and organizing work on its maintenance and repair, on the procedure for discussing draft agreements concluded by the owners of premises in the house in relation to common property and provision of public services, on the election of commissions from among the owners of premises in the building, as well as proposals on issues of competence of the council of an apartment building.
Provides owners of premises in an apartment building with proposals on issues of planning and organizing the management of an apartment building, maintenance and repair of common property.
Presents to the owners (before consideration at the general meeting of owners) its conclusion on the terms of the draft agreements proposed for consideration at this general meeting.
Monitors the provision of services and the performance of work related to the management of an apartment building, the maintenance and repair of common property, and the quality of the provided utilities.
Submits a report on the work done for approval at the annual general meeting of owners.
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 (Part 5 of Article 161.1 of the Housing Code of the Russian Federation).

The council may also exercise other powers within its competence, for example, maintaining information work with owners of premises for holding general meetings of owners, conducting surveys to assess the quality of work management organization.

In addition, the council is the subject of public housing control (Part 8 of Article 20 of the Housing Code of the Russian Federation). This article states that: “In order to ensure the rights and legitimate interests of citizens, public housing control may be carried out, the subjects of which may be public associations, other non-profit organizations, councils of apartment buildings, and other interested parties in accordance with the law Russian Federation.

As can be seen from this article of the housing code, the powers of the building council are quite significant, and first of all, the rights of the council of an apartment building are to protect the rights of home owners before the management organization. The house council has the right to record all facts of inadequate quality of services provided and report this to the management company itself with the requirement to provide only high-quality public utilities. Residents of houses can always contact the house council and receive the necessary support in resolving a particular issue. Therefore, residents of the houses need to actively work with the house council on this issue.

Clause 8 of Article 161.1 establishes that the chairman of the council of an apartment building is elected from the members of the elected council of the apartment building. In this regard, the responsibilities of the chairman of an apartment building include following functions:

He is negotiating with the management organization about the draft management agreement, about the possibility of making changes to it, to the conditions that do not satisfy the homeowners. Presents the terms of the management agreement to the general meeting of owners; If the owners have delegated the authority to conclude a management agreement to the chairman of the council of an apartment building, then he has the opportunity to conclude a management agreement on their behalf;
Directly controls all obligations that the management organization must fulfill and signs acceptance certificates for the work it has carried out; Also, on the basis of a power of attorney, the owners can appear in court on issues related to the management of an apartment building and the supply of utilities.

It is beneficial for owners to seek help from the house council, since both the house council and the house owners have common interests, they are bound by a common destiny in relation to the house, in solving its problems, in improving the condition of the house and its property. If the owners turn to the council of the house, then problems are identified and optimal ways to solve them are found. And there is no need to be shy in such treatment, more activity, this is an exclusively mutually beneficial cooperation!

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 the calendar year the decision to elect 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 body, within three months, convenes a general meeting of the owners of the premises in the apartment building, the agenda of which includes questions about the election in this building, the council of an apartment 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 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; 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 utility services provided to the 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. 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 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. 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 conditions the said agreement, and when directly managing an apartment building, the owners of the premises in this building have the right to enter into negotiations regarding the terms of the 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 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 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.

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

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

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

5. Council of an apartment building:

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

2) submits to the general meeting of owners of premises in an apartment building, as questions for discussion, proposals on the procedure for using common property in an apartment building, including the land plot on which 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.

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, 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.

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.

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The council of owners of residential and non-residential premises in an apartment building is an elected body. Owners take part in its creation MKD premises. Issues related to the activities of this body are regulated by Article 161.1 of the Housing Code of the Russian Federation.

Owners of premises in an apartment building elect the council of an apartment building. Please note that this procedure is only required if there is no homeowners' association or housing cooperative.

In accordance with Part 1 of Article 44 of the Housing Code of the Russian Federation, an apartment building can have only one management body, for an HOA or housing cooperative - this is a general meeting of home owners, which is created to resolve important issues related to the management of the building.

The housing legislation of the Russian Federation does not give legal status to the council of apartment buildings as a body that can manage the house. Moreover, housing legislation does not give the council of apartment buildings the powers of a general meeting of homeowners, so they cannot make decisions related to the management of apartment buildings.

The council of an apartment building cannot replace the work of the general meeting of homeowners. In accordance with Part 11 of Article 161.1 of the Housing Code of the Russian Federation, commissions of owners of residential and non-residential premises in an apartment building are advisory bodies for managing the building.

The council solves the following tasks in an apartment building:

prepares proposals on issues that are considered only by the meeting of homeowners;
carries out control and quality of implementation of the adopted decision.

Before the general meeting, it is necessary to clearly work out all the issues that are planned to be considered at it, find information on these issues, analyze possible actions and find possible ways to resolve the situation, because without this it is difficult to make the best decision.

In practice, it has been proven that if the MKD does not have a body that takes an active position and is able to defend and represent the interests of owners, there will be no close connection with management company, and control over the execution of the contract by the management company will be ensured.

Attention! The council of the apartment building plays the role of intermediaries from meeting to meeting:

between owners of premises in apartment buildings;
between residents and the management company.

The chairman and members of the building council have no power over the owners of the premises, and everyone needs to understand this. The purpose of the activity is to help make decisions and ensure control over its implementation.

Owners of premises in an apartment building can prescribe a list of actions that are assigned to the council of the apartment building. Moreover, this can be formalized by just one organizational decision.

To do this, at the general meeting of owners of apartment buildings, the regulations on the council of the apartment building are approved, and it is worth remembering that to increase the powers of the chairman or members MKD council except for those specified in the Housing Code of the Russian Federation, it is impossible.

The council also has its own responsibilities, the main one of which is representing the interests of premises owners before the management company.

Important! Housing Code The Russian Federation has been regulating the activities of the MKD council since 2005, in accordance with Article 161 (clauses 5 and 8):

monitor the implementation of decisions made;
propose for discussion issues related to the use of the territory adjacent to the house and common property;
propose for discussion issues related to the organization repair work and preparing the house for winter;
propose management methods and bring up for discussion issues related to the competence of board members;
provide a list of all conditions that can be included in the agreement with the management company;
control over repair work and timely provision of high-quality utilities;
submit a report on the work performed annually to general meetings.

Drawing a conclusion, we can say that the house council must monitor the implementation of the contract with the management company, and also report to the owners of the premises about the current state of affairs and the work done.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Who can be the chairman

Initially, we can say that it is very easy to be a chairman, and the position will not bring much trouble, but on the other hand, it will bring respect and experience. This is a misconception, because the chairman must not only have the qualities of a manager, but also know many things that are related to the maintenance of houses.

The chairman's responsibilities include monthly inspection of the roof, basement and attic spaces, electrical wiring, water supply, etc. If the chairman does not have necessary knowledge, and he will ignore checking utility rooms and communications, an emergency may occur that will stop the supply of utilities to the owners of the premises.

And after the first such trouble, the council will immediately raise the question of replacing the chairman at the general meeting, therefore, when taking up this position, an individual must have sufficient competence.

Please note! Housing legislation establishes that the chairman of the council of an apartment building can only be the owner of the premises, and not his closest relative.

Therefore, it is worth carefully choosing candidates for the chairman of the board of an apartment building.

Powers before signing the contract

The council of the homeowners' association or apartment building has been introduced relatively recently. This structure began to be implemented with the adoption of the new Housing Code of the Russian Federation, and this was about ten years ago.

Issues by the council can only be resolved locally, and the chairman of the MKD council acts as a trustee of the council and the owners of the premises. Upon making a decision to sign an agreement with an organization providing home maintenance, the chairman has the authority to negotiate with representatives of the organization regarding the terms of a possible contractual relationship.

After the negotiations, the chairman brings the results of his actions to the attention of the owners at the general meeting. If the result of the negotiations and the terms of the contractual relationship are satisfactory to all homeowners, the chairman signs the agreement, being a representative of the council.

To obtain this opportunity, the chairman receives a power of attorney on behalf of the owners of all premises in the apartment building.

Watch the video. What does the chairman of the MKD board do:

Candidate selection

When the council is assembled, it is worth immediately holding elections for the positions of chairman and secretary of the council, and the role of secretary can be performed by the deputy chairman. A meeting on this occasion is considered to have taken place if half of the members are present, who are residents of the premises who have reached To do this, you can use one of these methods:

personally invite everyone;
sending a letter to everyone is a very expensive method, but the most effective;
post advertisements in a public place.

Residents must be notified one week before the meeting.

Please note that two thirds of all homeowners must be present at the meeting for the meeting to be considered valid. At the meeting, voting is carried out, choosing from the proposed candidates.

ATTENTION! Look at the completed sample notice of a general meeting of homeowners:

And the candidates are members of the board of owners. If a candidate wants to get the position of chairman, then he needs to prepare his program and discuss it with residents in order to get more votes in the elections. The candidate should remember that he will have to answer questions asked by residents.

Please note that if no candidate receives more than half the votes, the vote is considered invalid. And the vote will be held again at the next meeting.

When the voting is considered completed and the winner is determined, a protocol is drawn up and sent to government agencies. After reviewing the protocol, the owner who won the vote will receive a document confirming his authority as the chairman of the apartment building (certificate). Elections of the chairman are carried out by decision of the general meeting of homeowners.

Powers after agreement

When the chairman has a power of attorney, he can exercise control over the execution of the contract with the organization that maintains the house. Monitor the work carried out on common property.

Upon completion of the work, the chairman of the council signs an act of acceptance of the work performed or records a violation of the terms of the agreement by signing an act of violation of standards and contractual relations. The same applies to receiving public services - if they are not provided or are provided but do not meet the quality, the chairman signs the violation report.

If the management company does not provide services or provides them, but the service does not meet the quality or is not provided in full, the chairman sends a complaint to a higher authority.

Attention! The power of attorney, which the owners of the premises give to the chairman, makes it possible to represent the interests of the council in court. The chairman, on behalf of the homeowners association or the council of the apartment building, decides on issues of managing the house and the quality provision of utility services.

If there is a need, it is possible to expand the duties and rights of the head of the council by a decision of the meeting of owners, which is approved only when the powers granted by the council do not contradict housing legislation.

The question may arise if the house council determines new rights and responsibilities of the chairman, how can this not be approved, because this is the decision of the owners. But it's worth remembering that legislative act has the highest authority, not the minutes of the meeting of homeowners.

Remember that the chairman is responsible for maintaining the common property of the HOA and the house. Part-time work is only possible if it is approved by a decision of the HOA management or a meeting of the building council members.

The head of the council of the MKD is elected from the members of the council of this house itself. The chairman must perform all the functions that the council performs, therefore the duties of the head of the MKD council repeat the duties of the council.

Important! The duties of the chairman are:

negotiating with the management company on a draft agreement on the management of a residential building, the possibility of making changes to the conditions with which the owners of residential or non-residential premises do not agree;
presentation of the draft agreement with the management company at the general meeting of premises owners;
if the power of attorney establishes the authority of the head of the council to conclude a management agreement, then he has the right to sign it on behalf of the owners of the premises;
monitoring the fulfillment of obligations under the contract with the management company and signing the acceptance certificate for completed work carried out by the company;
the power of attorney also gives the right to represent the interests of homeowners in court in cases related to the management of apartment buildings and the consumption of utilities.

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

Article 161. Choosing a method for managing an apartment building. General requirements 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. The Government of the Russian Federation establishes standards and rules for the management of apartment buildings.
(as amended by Federal Law dated June 4, 2011 N 123-FZ)
1.1. Proper maintenance of the common property of the owners of premises in an apartment building must be carried out in accordance with the requirements of the legislation of the Russian Federation, including in the field of ensuring the sanitary and epidemiological well-being of the population, 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 about state information system 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)