The draft amendments to the Housing Code suffered a hard fate. At first they were a few, then some of the projects "hacked", a part of deputies joined their options into one, known as the "project-Pekhtin Pleskachevsky-Shipunova." As a result, he was offered the first reading on the eve of 2011. The project is controversial, not for the benefit of residents, the authors had clearly lobbied the interests of business and public monopolies. The active position of the housing community, numerous discussions of innovations in the highest areas did their job. Second reading of some controversial points of the project was removed, something adjusted. And lo and behold, there appeared a new amendment, which could be called a glimmer in the housing legislation. And most surprisingly, it passed its third reading. Article 161 of the bill is called the "Council of apartment buildings." Clearly, in the HOA and HBC interests of the residents are of the board and their chairmen. In a direct way - the owners of authorized person. In homes that have chosen the operating companies, the contracts signed by the individual, people are generally fragmented, contentious issues decide alone. In such cases, managers dictate to them their conditions and interests of parity can not be considered. In some homes, the owners are trying to organize. Effective action groups with unclear authority or the House Committee, of which the Housing Code is not even mentioned. This was an obvious gap in the law, and finally eliminate it. Following the adoption of the amendments the inhabitants of houses that employ management companies, will have its own representative body. Let's see how it is currently a legislator. The Council elected by the Council will be at a general meeting of the owners of the house. How much it will be members, will determine the general meeting, taking into account the number of entrances and apartments. Registration in local government or elsewhere are not provided. Powers of the Board will be similar to the authority of government HOAs. It provides the decision of general meeting, submit to a discussion of a proposal on how to use the common property, including land, draft contracts, opinion on them. Plans and organizes the maintenance and repair of common property in the apartment house and monitors the quality of services such as housing and utilities, submit to the approval of the annual general meeting a report on its work. And if within a year it did not choose either the decision to elect not implemented, then the local authority within three months, convene a general meeting and the agenda will include a question about the election of the council, its chairman, either on the establishment of condominiums in this building. The Chairman and the committee from the Board members shall be elected chairman. Moreover, elected by the General Assembly, rather than the rule, as in HOA. The President directs the council, but is accountable to the general meeting. He negotiator with the management organization, if the people gave him power of attorney, it is on their behalf, concludes a contract with her. The rights and obligations under the contract of any of those owners who gave the chairman the power of attorney. The President controls the fulfillment of obligations under the contract, signed receipt and inspection services and work performed, acts of violation of standards of quality, or frequency of service, acts on non-public utilities or public services of inadequate quality, as well as forwards to the local government treatment of non-compliance with the management company obligations . He and the court may act as a representative of the owners on matters related to the management of the house and the provision of public services. In addition to the Board of Legislators propose the creation of more committees and owners - joint advisory body home management. They are also created to address the general assembly or council. Without a heavy burden first thought that came to mind after studying the Amendment: this is what we had to start the reform of public utilities. Let's face it. In 2005, we were not ready for mass creation of condominiums, a conscious choice of managing organizations, let alone competent to work with them. Because a lot of wood and mangled. HOA is certainly the most perfect form of government. But her choice entails the creation of a legal entity, and it requires not only a qualified management staff - an accountant, lawyer, engineer and chairman - a genius, but also bear the burden of responsibility - as far as criminal for errors and violations committed by most out of ignorance. This load will pull every enthusiast. And in what conditions were created HOA? Has anyone spared them? They are pressured from all sides - tax, the executive branch on the ground, the former operating companies, communal services. Created and survived, not because these condominiums, but in spite of. Council can be considered in two ways. As a preparatory step for the transition to professional management - familiar, understood that they were ready, and - in the HOA! But if you have not found a man ready to take legal responsibility for the whole house, for all property owners, to work 24 hours a day, if none of the residents had not discovered his managerial talents, the council - the structure of the public, not burdened with responsibilities of the legal entity can become self-sufficient form of social control. In this house people can do in your free time in the best of my ability, knowledge and capabilities, without the risk of making mistakes, harm to the owners, the common property, get an administrative penalty under any controlling organization or even worse, the criminal article. Who is to say thanks to someone with the same light hand fell into the bill, this unique innovation in significance? It was included in the amendments proposed by the Russian government. However, it seemed doubtful that such a "popular" idea was born in the bowels of government offices. Yet the authors find the idea failed. They were our experts, leading School of Government, heads of public organization "Russian Federation Housing," Herman Lomtev and Larissa Denisov. Here is what Herman Lomtev: - The idea of a fixed block of flats in each of the social structure we have "nosimsya" for three years, discuss it on the forums of our organization, the helmet to the government expert suggestions. Housing Code, spelled out the duty of owners to conduct annual general meetings. Good! Have held. And then what? Someone should count the votes, to publish a protocol to keep it, to enforce decisions. Also obvious is another problem. The houses condominiums, housing cooperatives before the board meeting to present the report, it checks the audit committee and give the owners an opinion. Management agencies are also required to report annually. But opponents of their report from the house there. What is this report! In other words, in the home should be an organized force, representing the interests of all residents. We called it "A permanent presidium of the General Assembly." We are glad that the government heard our message and transformed it into a weighty amendment to the Housing Code, and the name of the entity - the board at home, I agree that a clear and simple. I hope that the amendment of the council will take a worthy position in the Housing Code.
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