In the Irkutsk Akademgorodok, a fierce struggle continues between local residents and a deputy of the Duma of the city of Irkutsk Alexander Safronov. We are talking about a management company that does not fulfill its duties, does not want to return more than 3.5 million rubles to the owners, and which, like a leech, has stuck to the body of the house at 297B on Lermontov Street.
A year ago – backstory
It all started with the fact that in this house the roof was leaking for a long time, stubbornly and quite intensively. Residents have repeatedly appealed to the management of the management company with a request to carry out repairs. But the residents were not happy with the long-awaited repair, because it was done in the most primitive way – they closed the leaks with a profiled sheet and somehow covered the cracks. Needless to say, the leaks have not gone away, and the condition of the roof was aggravated by rust.
Residents of the house then decided to take matters into their own hands and refuse the services of the management company. But it was not there. What fool would want to voluntarily leave a proven feeder. Therefore, a year ago, in June 2021, TSN AcademPlus sent a request to the Housing Supervision Service (hereinafter referred to as Zhilnadzor or Service) to exclude UO Progress LLC from the register of licenses for managing a house in connection with the decision of the owners to terminate the contract. But Zhilnadzor for some unknown reason ignored the owners.
LLC “UO Progress”, hiding behind the decisions of the service and knowing for sure about the termination of the contract with us in July 2021, still requires and receives payments from the owners of the house”residents say.
According to the response of the Ministry of Construction dated December 23, 2021 (a copy is at the disposal of the editors), the homeowners association sends information to the state housing inspection about the termination of the method of managing an apartment building by a managing organization. The specified information is the basis for Zhilnadzor to make changes to the register of licenses if the management company does not provide information on the conclusion, amendment or termination of the management agreement within the prescribed time frame.
The receipt of information from TSN is the basis for an unscheduled inspection, as a result of which changes must be made to the register of licenses without the licensee’s application, in accordance with Part 3 of Article 198 of the RF LC.
As you may have guessed, the management company decided not to send an application to the Service for exclusion from the register of licenses. And Zhilnadzor, acting contrary to the provisions of the Ministry of Construction and the Housing Code, did not exclude house 297B from the register of licenses of the Criminal Code LLC “UO Progress”.
This decision of the court has entered into force, the employees of the Management Company LLC “UO Progress” are familiar with it, however, they continue to demand and collect payments from residents, owners explained.
Our time – courts, debts and housing supervision under control
To protect their rights, the owners held a regular meeting in February-March of this year, at which they once again confirmed and consolidated the decisions on the creation of TSN Academplus on June 25, 2021, on the choice of a management method in the form of TSN, and also on the recovery from the Management Company LLC UO Progress” funds of the owners accumulated on the account of the management company in the column “Current repairs”.
Zhilnadzor, after receiving the second protocol of the general meeting of owners dated March 15, 2022, again decided in favor of UO Progress LLC and refused TSN to exclude the management company from the register of licenses to manage the house. And this is a violation of the law.
Since, according to paragraph 1 of Article 450.1 of the Civil Code of the Russian Federation, the house management agreement is terminated by the management company from the moment the partnership notice is received, that is, from July 7, 2021. The obligation of the partnership of owners to manage the house arises from the moment the general decision of the owners makes a decision on the choice of a method of management – the creation of a TSN. A change in the method of management is an unconditional basis for terminating a previously concluded agreement with a managing organization. The managing organization terminates the provision of public services from the date of termination of the house management contract.
The same is said in a letter from the Ministry of Construction, where local residents turned for clarification:
Since the termination of the functions of managing an apartment building, the management organization no longer has grounds for withholding funds collected from the owners of the premises for current repairs and unspent for these purposes.– the Ministry of Construction explains in its letter (a copy is at the disposal of the editors).
At the same time, current repairs paid by the tenants, but not performed by the Criminal Code, entail the recovery of unjust enrichment from the previous managing organization.
Despite these obvious and gross violations of the law, the management company of Alexander Safronov continues to demand rent from the owners and intimidate them with the collection of receivables.
At the same time, the owners report that in April 2022, when reviewing the case materials in court, they discovered that the minutes of the meeting dated June 25, 2021, submitted to the court by the Service, were clearly opened and embroidered, the paper with which the protocol was sealed was torn, and then re-glued, holes for threads and sheets damaged and disheveled.
Thus, the Service, in violation of the assigned duties, the Housing Code of the Russian Federation and the above-mentioned Procedure, did not ensure the proper storage of the received original minutes of the meeting. The protocol sealed by the same Service was opened and one can only guess for what purpose. Perhaps this was done to hide reliable and complete information contained in the protocol, including the choice of a management method in the form of TSN and the termination of the contract with the management company UO Progress LLC. All this suggests a conspiracy between the leadership of Zhilnadzor and Progress.
In this blatantly unfair story, only one thing pleases – in Zhilnadzor there is a personnel turnover and an acute shortage of employees, including bosses. If everything was good there, then such situations would hardly arise.
By the way, the government of the Irkutsk region formally responds to the requests of the owners, using the arguments of Zhilnadzor, apparently believing that the state body created by it itself cannot be wrong, which also leads to certain thoughts.
It is not surprising that under such favorable circumstances for malefactors, the management company continues to demand payments and refuses to return the money to the owners paid to the management company as payments for the maintenance and current repairs of common property. The amount there is impressive – 3,672,104 rubles.
In fact, we are seeing a bleak picture here, when the business of a city duma deputy has been a nightmare for homeowners for a year now and does not want to say goodbye to a proven feeder.
At the same time, the State Housing Supervision Service of the Irkutsk Region continues to support the position of the management company, at a time when, in accordance with the law, it was supposed to exclude the house from the license of UO Progress LLC. And even the court pointed out that the decision of the owners is fundamental.
The editors continue to monitor developments and wait for justice.
