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Amending The Housing Code Of The Russian Federation And Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в Жилищный кодекс Российской Федерации и отдельные законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On amendments to the Housing Code of the Russian Federation and separate pieces of legislation of the Russian Federation Duma on May 13, 2011 approved by the Federation Council on 25 May 2011 (In the federal laws dated 25.06.2012 N 93-FZ; dated 21.07.2014 N 255-FZ) Article 1 Amend the Housing Code of the Russian Federation (Legislative Assembly Russian Federation, 2005, No. 14; 2006, N 52, sect. 5498; 2007, N 1, st. 13, 14; N 43, sect. 5084; 2008, N 30, sect. 3616; 2009, N 23, stop. 2776; N 39, sect. 4542; N 48, sect. 5711; 2010, N 31, est. 4206) the following changes: 1) Article 12: a) to supplement paragraph 16-2 of the following content: " 16-2) implementation by the Government of the Russian Federation of coordination of the activities of the executive authorities of the entities OF THE PRESIDENT OF THE RUSSIAN FEDERATION supplement paragraph 16-3 to read: " 16-3) Maintenance of the register of notifications of initiation of business activities for the management of multi-apartment buildings (hereinafter referred to as the management of multi-apartment houses) and business services and services; and (or) work on maintenance and repair of common property in apartment buildings (hereinafter referred to as the provision of services and (or) the maintenance and repair of common property in apartment buildings); "; (2) in article 20: (a) in paragraph 3 of Part 1 of the word " performance monitoring Normative legal acts "shall be replaced by the words" implementation in the procedure established by the Government of the Russian Federation for the enforcement of regulatory legal acts "; (b) in Part 2, the word" shall "be replaced by the words", the reception and the Accounting for the management of multi-apartment buildings and services and (or) the maintenance and repair of common property in multi-apartment buildings "; in) be supplemented with Part 3, to read: " 3. The competent authorities of the constituent entities of the Russian Federation, referred to in part 2 of this article, shall verify the conformity of the charter of the homeowners ' association as amended by the law of the Russian Federation with the requirements of the legislation of the Russian Federation. The Federation, as well as the statements made by the owners of the premises in the apartment building, are obliged to check the legality of the decision by the general meeting of owners of premises in the apartment building of the decision to create a homeowners ' partnership, Statutes of the association incorporated in the Charter of Changes to the requirements of the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION The general meeting of such owners of the decision on the choice of a legal person, regardless of the organizational or legal form or individual entrepreneur engaged in the management of the apartment house (hereinafter-the managing organization), in the management organization of the management contract in accordance with article 162 of this Code, the legality of the approval of the terms of the contract and its conclusion. "; g) to be supplemented by Part 4, reading: " 4. In cases referred to in part 3 of this article, the articles of the association of homeowners ' associations incorporated in the charter of amendments to the requirements of the legislation of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Regulation. In the event of failure to comply with such a requirement, within the prescribed period of time, or in cases of violations of the order of establishment of the homeowners ' associations, the choice of the administering organization, the approval of the conditions of the management of the apartment building and its management OF THE PRESIDENT OF THE RUSSIAN FEDERATION Owners of premises in this house, in violation of the requirements of the present The Code and the recognition of the contract for the management of this house is invalid. "; 3), article 36, paragraph 1, should read: " 1. Owners of the premises in the apartment house belong to the common ownership of the common property in the apartment building, namely: 1) premises in this house, which are not part of the apartments and intended for service more than one room in a given house, including residential staircases, stairs, elevators, elevator and other mines, corridors, technical floors, attics, basements with engineering communications other than one rooms in this house (technical basements); 2) other premises in a given house not owned by individual owners and designed to meet the social needs of the owners of the premises in the house, including facilities for the organization of their leisure, cultural and cultural activities development, children's creativity, physical education and sports and such activities; 3), which protect the carrying and non-structural structures of the house, mechanical, electrical, sanitary and other equipment, inside or outside the home One premises; 4) the land on which the house is located, with elements of landscaping and landscaping other than those intended for the maintenance, operation and improvement of the house, located on a specified land site. The boundaries and size of the plot of land on which the apartment house is situated shall be determined in accordance with the requirements of the Land Law and the Law on Urban Development. "; 4) in Part 2 of Article 44: (a) In paragraph 1, replace "repair" by "major maintenance"; b) to supplement paragraph 4-1 as follows: "4-1) making decisions on the current repair of the common property in the apartment building;"; 5) Article 47, paragraph 1, amend to read: " 1. In the event of a general meeting of owners of premises in the apartment building, through the joint presence of owners of the premises in the house, to discuss the issues on the agenda and decide on the issues raised by the A vote, such a general assembly has not had the quorum referred to in article 45, paragraph 3, of this Code, in the subsequent decision of the general meeting of owners of premises in a multi-apartment house with the same agenda can be adopted by means of an absentee (...) (...) Meeting of owners of premises in a multi-apartment house in written form of owners ' decisions on questions put to the vote. "; 6) to supplement Article 116-1 as follows: " Article 116-1. The requirements for the officials of the housing's cooperative Members of the Board of Housing Co-operatives (including the chairman of the cooperative's board), a member of the Audit Commission (Auditor) of the Cooperative, and the Accountant General (an accountant in the absence of the chief accountant) of the cooperative cannot be citizens: 1) having a criminal record for intentional crimes; 2) for whom they have not expired subjected to administrative penalties in the form of disqualification; 3) who previously held the position of head, deputy or chief accountant (accountant in the absence of the chief accountant) of the construction, reconstruction, and major maintenance activities the objects of capital construction, engineering studies for construction, architectural design, or were individual entrepreneurs in these areas, if such organizations, individual entrepreneurs were excluded from self-regulating Engineering, architectural and engineering design, construction, reconstruction, major repairs to the facilities of the capital construction, or have been declared insolvent and from the moment of such an exception, or The completion of the relevant procedure in the insolvency (bankruptcy) is less than three years. "; 7) in Part 1 of Article 135 of the phrase" a complex of immovable property in the apartment building, ensuring the exploitation of this and in accordance with the laws of the The limits of disposition of the common property in the apartment house "shall be replaced by the words" common property in the apartment building or in the cases referred to in article 136, paragraph 2, of the present Code, property of the owners of premises in several multi-apartment buildings " or property of owners of more than one dwelling, to secure possession, use and within the legal limits of the disposition of common property in the apartment building or in the sharing of property held in ownership of premises in several apartment buildings, or Property owned by the owners of several houses, the establishment, maintenance, maintenance and disposition of such property, the provision of public services to persons under the Code premises in the data of multi-apartment buildings or residential buildings, as well as other activities aimed at the management of multi-apartment buildings or on the sharing of property owned by the owners premises in a number of multi-apartment buildings or properties The owners of several dwellings "; 8) in article 136: (a) add the following content: " 1-1. The protocol of the general meeting of owners of the premises in the apartment building, which has decided to create a homeowners ' partnership and approval of its charter, is signed by all the owners of the premises in the apartment building, Voters for the adoption of such decisions. "; b) Part 2 should read: " 2. The owners of dwellings may be created: 1) owners of premises in several apartment buildings, the number of apartments in which is no more than thirty if the data are located on the land plots, which, in accordance with the documents in the State Cadastre, have a common border and within which there is a network of engineering and technical support, other parts of the infrastructure that are intended to be shared The use by owners of premises in these houses. Decisions on the establishment of a partnership, the adoption of its charter, the election of a partnership board, the attribution of a citizen (including the owner of the premises in one of the houses) to the applicant's authority to apply to the public authorities. Registration of legal entities, and in cases provided for in the association's regulations, also on the election of the chairman of the board of directors, are taken at the general meeting of owners of the premises in each apartment house by a majority of at least two thirds Votes from the total number of owners of the premises in the house. The peculiarities of the adoption and registration of these decisions are established by the federal executive body, which performs the functions of drafting state policy and regulatory and legal regulation in the sphere of construction, architecture, etc. Urban planning (with the exception of State technical accounting and technical inventory of capital construction sites) and housing and utilities; 2) owners of several nearby residential houses, Houses with or without home gardens, garages and others facilities where these houses are located on land that has a common border and within which there are engineering chains, other parts of the infrastructure that are designed to serve more than one of a dwelling house. The decisions on the establishment of the partnership, the approval of its charter are accepted by agreement of all the owners of the houses. Decisions on the election of the Company's Management Board, on the attribution of a citizen (including one of the owners of houses) to the applicant to apply to the bodies that carry out State registration of legal entities and in cases provided for The association's statutes, also on the election of the chairman of the partnership, shall be adopted at the general meeting of owners of residential houses by a majority of at least two thirds of the votes of the total number of owners of residential buildings. "; in) to supplement Part 4, as follows: " 4. The homeowners ' partnership established under paragraph 2 of Part 2 of this Article shall apply the requirements established for the partnership of homeowners established in the multi-apartment building or multifamily housing units. houses, unless otherwise derived from the relationship in a partnership created by the owners of more than one dwelling house. "; g) to be supplemented by Part 5, reading: " 5. At the time of the State registration of the homeowners ' associations are the minutes of the general meeting of owners of the premises in the apartment building, where the decisions on the establishment of the partnership and the adoption of its charter, and the charter of the partnership are adopted, as well as information on persons who voted at the general meeting of owners of the apartment building for the establishment of a homeowners ' partnership, the shares of these persons in the right to common ownership of common property in multi-apartment buildings article 137, paragraph 1, of the Revision: "1) to conclude, in accordance with the law, the management contract of the apartment building and other management of the apartment building, including maintenance and repair of common property in the apartment building, contracts;" 10) in article 138: (a), paragraph 2 should read: "(2) manage the apartment house in the order established by section VIII of the present Code;"; b) paragraph 8, after the words "the legitimate interests of owners of premises in the apartment building" with the words "related to the management of common property in the given house,"; in) to supplement paragraph 9 with the following: " 9) Maintain a register of partnership members and send a copy of this to each year during the first quarter of this year OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION of this Code, within three months from the date of the State registration of the amendments to the Charter of the Company, certified by the chairperson of the Company and the secretary of the general assembly of members of the association, a copy of the association's charter; The minutes of the general assembly of members of the association to make a decision to amend the association of copies of the partnership with the application of copies of the relevant amendments, certified by the Chairman of the Partnership and the Secretary of the General Assembly. "; 11) Article 139 to declare invalid; 12) to become 140: a) supplement Part 3 with the following: " 3. The reorganization of the homeowners ' partnership established in two or more apartment buildings may be carried out in the form of separation, subject to the requirement laid down in article 136, paragraph 1, of this Code. A decision on the division of camaraderie may be taken at the general meeting of its members by a majority of the members of the partnership from the number of members of the partnership present at its general meeting, subject to the consent of the general assembly. Meeting of owners of the premises in each apartment house, which was decided by a majority vote of the total number of votes of the owners of the premises in each apartment house within two years of the general meeting Owners of premises in apartment building, owners of premises initiated this separation. "; b) is supplemented with the following content: " 4. The reorganization of the partnership of homeowners created in two or more apartment buildings may be made in the form of an allocation provided that the requirement laid down in article 136, paragraph 1, of this Code is fulfilled. A decision on the allocation of a partnership may be taken at the general meeting of owners of premises in a multi-apartment house, in which the homeowners ' associations will be created in the process of allocation, by a majority of votes of the total number of votes owners of the premises in this house. "; 13) Article 142 should be amended to read: " Article 142. Association of homeowners 'associations For presentation and protection of common interests in the management of apartment buildings, two or more homeowners' associations may form a union (association, union) homeowners ' associations. The association is managed in accordance with the requirements of the legislation of the Russian Federation on non-profit organizations. "; 14) Article 143: (a) to be supplemented with Part 4, as follows: " 4. The member register of homeowners ' associations should contain information to identify and communicate with the members of the partnership, as well as information on the extent of their share of the common ownership of common property in of the multi-apartment building. "; b) to be supplemented with Part 5, to read: " 5. A member of the homeowners ' association is under an obligation to provide the Executive Board with the correct information provided for in Part 4 of this article and to inform the management of the association in a timely form of their change. "; in) to supplement Part 6 , to read: " 6. The homeowners 'association, created by the owners of premises in two or more apartment buildings, is terminated by all members of the homeowners' association in one of the apartment blocks since the application was filed about the withdrawal of the homeowner's partnership in a multi-apartment building in which the members of the partnership, who are the owners of the premises in the same house, will have less than 5% interest after termination of this membership Votes from the total number of owners of the premises in the house. After termination of membership in the partnership, the owners of the premises in this house are obliged to choose and implement one of the ways in Article 161 of this Code of Management of Multi-family House. "; 15) to supplement Article 143-1 , to read: " Article 143-1. The rights of the members of the homeowners 'association of the homeowners' association in the apartment building home 1. Members of homeowners 'associations and non-members of the homeowners' associations are entitled to receive information from the authorities of the partnership about the activities of the partnership in the order and scope of the partnership. are established by the present Code and the association's charter, to appeal against the decisions of the partnership management bodies. 2. Members of homeowners 'associations and non-members of the homeowners' associations have the right to impose requirements for the partnership on the quality of the services provided and (or) the work to be performed. 3. Members of homeowners 'associations and non-members of the homeowners' associations have the right to consult the following documents: 1) the charter of the association, as amended by the charter of the amendment, certificate On the State Registration of Partnership; 2) a Register of Partnership Members; 3) Accounting (Financial) Statements of Partnership, Income and Expenditure Statements for the year, performance reports, audit reports (in the case of audits); 4) Audit committee audit (auditor) of the partnership; 5) documents confirming the camaraderie's rights to property reflected in its balance; 6) the minutes of general meetings of partnership members, board meetings Partnership and Audit Commission of the Partnership; 7) documents confirming the voting results at the general assembly of members of the partnership, including ballot papers, power of attorney, or a copy of such power of attorney, and in writing of the decision of the owners of the premises in the apartment building Voting rights of the general meeting of owners of premises in the multi-apartment house in the form of absentee voting; 8) technical documentation on the apartment building and other related data management In the case of the House of Documents; 9) the other articles of this Code, the Charter of the Partnership and the decisions of the general assembly of members of the Association's internal partnership documents. "; (16) in article 145 (2): (a), paragraph 1 in the following edition: " 1) making changes to the constitution Partnership or adoption of the partnership charter; "; b), paragraph 2 should be supplemented with the words", the appointment of a liquidation committee, approval of the interim and final liquidation balances "; , paragraph 3, In the following wording: " (3) the election of members of the partnership board, members of the Audit Commission (Auditor) of the Partnership and in cases provided for by the association's statutes, also the Chairman of the Board of the Company of the Board of Association associations, early termination of their powers; "; g) Paragraph 5, amend to read: "(5) approval of the establishment of a reserve fund for the partnership, other special funds of the partnership (including funds for the conduct of the current and major repairs to the common property") of the multi-apartment building) and their use, as well as the approval of reports on the use of such funds; "; (8), paragraph 8, amend to read: " (8) approval of the annual maintenance plan for the maintenance and repair of common property in of the multi-apartment building, the report on the implementation of the plan; "; (e) to supplement paragraph 8-1 , to read: "8-1) Approvals of the income and expenditure of the association for the year, the performance reports, the audit certificates (in the case of audits);"; ) to supplement paragraph 8-2 of the following maintenance: "8-2) approval of the annual report on the activities of the Company's Management Board;"; c) to supplement paragraph 8-3 with the following: "8-3) Approval of Audit Commission (Audit) of Partnership" the results of the audit of the annual accounting (financial) reporting Partnership; "; and) in paragraph 10 of the word" includes maintenance of the apartment house, the pay provisions "are replaced by the words" includes maintenance and repair of common property in the apartment building, pay provisions, approval Other internal partnership documents provided for in this Code, the charter of the partnership and the decisions of the general assembly of members of the partnership "; (para. 11) should be supplemented with the words", including the Chairman of the Company's Management Board "; 17) in article 146: a) in Part 1 of the first sentence In the words "otherwise provided by the decision of the general assembly of members of the partnership or the charter of the partnership"; b), supplement 1 to 1 as follows: " 1-1. The provisions of articles 45 to 48 of this Code apply to the procedure for holding a general meeting of members of the homeowners ' association, unless otherwise specified by this section. "; in Part 3 of the term" more than half of the members of the partnership or their representatives "shall be replaced by" members of the partnership or their representatives with more than fifty per cent of the votes of the total number of votes of the members of the Partnership "; , Part 6, as follows: " 6. The decision of the general meeting of members of homeowners ' associations may be taken by means of an absentee vote in the manner prescribed by articles 47 and 48 of this Code. "; 18) in article 147: a) In the words "if the election of the chairperson of the partnership is not within the competence of the general assembly of members of the association"; b) to be supplemented by Part 3-1 as follows: " 3-1. A member of the homeowners ' association cannot be the person with which the partnership has concluded the management contract of the apartment building, or the person holding the position in the management bodies of the organization with which the partnership has concluded The contract, as well as the member of the Audit Commission (Auditor) of the Partnership. A member of the Board of the homeowners ' association may not combine his or her activities under the Partnership Board with work in a partnership under a contract of employment, but also to entrust, entrust or otherwise entrust to another person the performance of his or her own (c) Part 6: " 6. The Board of the homeowners ' associations are empowered to make decisions if there is at least fifty per cent of the general number of members of the partnership board at the partnership board meeting. Partnership decisions shall be taken by a simple majority of the total number of votes of the board members present at the meeting, if more votes for such decisions are not provided for in the association's statutes. The decisions taken by the Company's Management Board are issued by the Company's Board of Partnership and signed by the Partnership Board Chairman, the Secretary of the Partnership Board Meeting. "; 19) in Article 148, paragraph 7, the word" list " replace the word "registry"; 20) in article 149, paragraph 2, of the words "includes the maintenance of the apartment block, the pay provision" to read " the maintenance and repair of the common property in the apartment house, the payment clause the approval of other internal partnership documents, Under this Code, the charter of the partnership and the decisions of the general assembly of members of the partnership "; 21) Part 3 of Article 150 to supplement paragraph 1-1 with the following content: " 1-1) represents the general assembly of members The associations were concluded following an audit of the annual accounting (financial) reporting of the partnership; "; 22) part 2 of article 153 to supplement paragraph 6 with the following: " 6) of the person who had accepted the developer (s) for the construction of a multi-apartment building) upon the granting of a permit to entering the apartment building in a given house under a transfer act or other transfer document, from the moment of such transfer. "; 23) in Article 155: a) Part 1 is supplemented by the words" or by the decision of a general meeting members of the homeowners ' association, a housing cooperative or other specialized consumer cooperative established to meet the housing needs of citizens under the federal law on such a cooperative (hereinafter referred to as the other specialized consumer cooperative) "; b) Part 2 supplement the words "by the decision of the general assembly of members of the homeowners ' association, housing cooperative or other specialized consumer cooperative"; in part 4 of the word " legal person irrespective of in the form of an organizational or legal form or an individual entrepreneor (hereinafter referred to as the administering organization) "shall be replaced by the words" the administering organization ", after the words" the administering organization "is supplemented by the words", except in the case provided for by part 7-1 of this Article "; g) in Part 5 of the word" established for the purpose of to meet the housing needs of citizens in accordance with the federal law on such cooperative (hereinafter referred to as the specialized consumer cooperative), "delete; d) in Part 6 of the word" "replace" with the words "to pay for maintenance and repair of common property in the apartment house and utility fee"; (e) to supplement part 6-1 as follows: " 6-1. In the case of a partnership of homeowners, either a housing cooperative or other specialized consumer cooperative, or in the case provided for in article 161, paragraph 14, of this Code, a developer of the management contract The payment for public utilities is provided by the management organization, except as provided for in part 7-1 of this article, by the persons referred to in article 153, paragraph 2, of this Code. "; , to read: " 6-2. Managing organization, homeowners ' associations, or a housing cooperative or other specialized consumer cooperative that receives a charge for utilities, shall make calculations for the resources required to provide Public services, with persons with whom such a management organization, homeowners ' associations, or a housing cooperative or other consumer cooperative, have contracts of cold and hot water supply; water supply, power supply, gas supply (including supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel with heating oil), in accordance with the requirements established by the Government of the Russian Federation. "; .) , to read: " 6-3. On the basis of the decision of the general meeting of the members of the homeowners ' association, or of a housing cooperative or other specialized consumer cooperative, owners of premises in the apartment building and tenants of residential premises Social hire or employment contracts of a public or municipal housing stock in a given house may pay for all or some public utilities (excluding utilities consumed in the use of common services) (c) Assets in multi-apartment building). At the same time, payment for utility services of the resource providers is recognized by the owners of premises in the apartment building and tenants of residential premises under social contract or lease agreements The State or municipal housing stock in the house of its obligations to pay communal services to homeowners or to a housing cooperative or other specialized consumer cooperative, who are responsible to such owners and employers for providing ";"; and) Part 7 is supplemented with the words ", except as provided for in Part 7-1 of this Article"; c) to be supplemented with Part 7-1 as follows: " 7-1. On the basis of the decision of the general meeting of owners of premises in the apartment building, in the apartment building and tenants of residential premises under social contract or contract of employment of residential premises of the state or The municipal housing stock in this house may pay for all or some utilities (except for utilities consumed in the use of common property in the multi-family home) for the resources of the organizations. At the same time, payment for utility services of the resource providers is recognized by the owners of premises in the apartment building and tenants of residential premises under social contract or lease agreements State or municipal housing stock in the house of its obligations to pay the public services to the management organization, which is responsible to such owners and employers for the provision of public services appropriate quality. "; 24): Article 160 should be supplemented with Part 3 , to read: " 3. Compensation for the cost of accommodation and public utilities is provided to the citizens, if they do not have a debt payment for the accommodation and communal services, or when they conclude and (or) carry out settlement agreements. "; 25) in article 161: (a) the title should read: " Article 161. Select how to manage the multifamily home. General requirements for the operation of the multi-apartment building management "; b) Part 1 to supplement the sentence with the following sentence:" The Government of the Russian Federation sets standards and rules for management activities Multifamily houses. "; in) to be completed with Part 1-1, as follows: " 1-1. The proper maintenance of the common property of the owners of the premises in the apartment building should be carried out in accordance with the requirements of the legislation of the Russian Federation, including in the field of ensuring sanitary and epidemiological well-being. People, technical regulation, fire safety, consumer protection, and must ensure: 1) compliance with the reliability and safety of the apartment building; 2) safety and health of citizens, property of natural persons, property of legal entities, State and municipal property; 3) accessibility to premises and other property belonging to the common property of the owners of premises in the apartment building; 4) the exercise of rights and legitimate interests Owners of premises in the apartment building, as well as other persons; 5) the constant readiness of engineering communications, accounting units and other equipment belonging to the common property of the owners of the premises in the apartment building, the supply of resources required for the provision of Community services to citizens living in a multi-apartment building, in accordance with the rules for the granting, suspension and restriction of the provision of public services to owners and users of premises in apartment houses and residential buildings, OF THE PRESIDENT OF THE RUSSIAN FEDERATION The composition of the minimum list necessary to ensure the proper maintenance of the common property in the apartment block of services and works, the procedure for their provision and implementation shall be determined by the Government of the Russian Federation. "; d) Part 2-1 as follows: " 2-1. In the direct management of the apartment house, the owners of the premises in the house, carrying out maintenance and repair of common property in the apartment building, providing cold and hot water and The water supply, electricity, gas supply (including the supply of domestic gas in the cylinders), heating (heat supply, including the supply of solid fuel with heating oil), is the responsibility of the owners premises in this house for the fulfilment of their obligations under the In accordance with the rules laid down by the Government of the Russian Federation, the rules for the maintenance of common property in the apartment building, the rules for the granting, suspension and restrictions on the provision of public utilities owners and users of premises in apartment houses and residential buildings. "; (e) to supplement 2-2 with the following content: " 2-2. In the management of a multi-apartment house of homeowners ' associations or a housing cooperative or other special consumer cooperative, the associations or co-operatives are responsible for the maintenance of the common property in the given In accordance with the requirements of the technical regulations and the Government of the Russian Federation established rules for the maintenance of common property in the apartment building, provision of public utilities depending on the level of improvement of the data at home where the quality of which must meet the requirements OF THE PRESIDENT OF THE RUSSIAN FEDERATION These associations or cooperatives may provide services and (or) work on the maintenance and repair of common property in a multi-apartment building by their forces or engage in the contracts of the persons performing the types activities. When the management of the multi-apartment house is concluded with the managing organization, the associations or cooperative members shall monitor the performance of the organization's management of obligations under such a treaty, including the provision of all services and (or) the execution of works to ensure the proper maintenance of the common property in a given house, for the provision of public services, depending on the level of improvement of the given home, the quality of which must meet the requirements of the established The Government of the Russian Federation Pause and restrict the provision of public services to owners and users of premises in apartment houses and residential buildings. "; (g) to be supplemented by Part 2-3 as follows: " 2-3. In managing the apartment building, the organization is responsible to the owners of the premises in the apartment building for the provision of all services and/or works that ensure the proper maintenance of the common property in the This house and the quality of which should meet the requirements of the technical regulations and the rules of the Government of the Russian Federation established by the Government of the Russian Federation for the maintenance of common property in the apartment block, for the provision of public utilities, depending on the the level of improvement of the household whose quality is to be To comply with the requirements of the Government of the Russian Federation for the granting, suspension and restriction of the provision of public services to owners and users of premises in apartment houses and residential buildings. "; (Spil-out-Federal Law of July 21, 2014). N 255-FZ) and) Part 10 should read: " 10. The management organization is obliged to ensure free access to information about the main indicators of its financial and economic activity, the services provided and the work performed on maintenance and repair of common property in the apartment building, In accordance with the standard of disclosure approved by the Government of the Russian Federation, the conditions and the conditions for their delivery and implementation, on their cost, on the prices (tariffs) for the provision of public utilities are in accordance with the standard of disclosure. Disclosure of information on the management of multi-apartment buildings and the provision of information on the documents provided for in this Code, homeowners ' associations or housing cooperatives or other specialized ones The consumer cooperative, which manages the multi-family home (without an agreement with the managing organization), is established by this standard of disclosure. Enforcement of this disclosure standard by the association, the co-operative administering the organization is carried out by the authorized bodies of the executive authorities of the constituent entities of the Russian Federation referred to in article 20, part 2. of this Code, in accordance with the procedure established by the Government Plenipotentiary of the Russian Federation by the Federal Government of the Russian Federation. "; In the case of the conclusion of a management contract for the homeowners ' association, or a housing cooperative or other specialized consumer cooperative with the management organization, the owners and Users of premises in the house are provided by the management organization, in other cases, utility services to these owners and users are provided by those responsible for maintenance of the engineering network of common property owned by the owners of premises in this house. "; l) to be supplemented with Part 12, as follows: " 12. Management organizations, homeowners ' associations or housing cooperatives or other specialized consumer cooperatives that manage multi-apartment buildings are not entitled to refuse an opinion on the basis of the rules referred to in article 157, part 1, of the present Code, of contracts with resource monitoring organizations that carry out cold and hot water, water supply, electricity, gas supply (including domestic gas supply) ), heating (heat supply, including solid fuel supply) heating). Owners of premises in multifamily buildings are not entitled to refuse to conclude contracts specified in part 2 of article 164 of this Code. "; m) to be supplemented with Part 13 reading: " 13. Within ten working days from the date of issuance in accordance with the procedure established by the law on urban planning, permission to put into operation the apartment building of the local government in the order established by the Government OF THE PRESIDENT OF THE RUSSIAN FEDERATION Prior to the conclusion of the management contract between the developer and the managing organization selected following an open competition conducted in accordance with Part 13 of this Article, the management of the apartment building is carried out by the developer, provided that it complies with the standards and regulations governing the management of apartment buildings, established in accordance with this article by the Government of the Russian Federation or the administering organization with which the developer Agreement for the management of a multi-apartment building which shall be concluded no later than five days from the date of receipt of the permit for the commissioning of the apartment building. "; o) to be supplemented with Part 15 reading: " 15. The organization responsible for supplying the resources required for the provision of public utilities is responsible for the supply of the specified resources of the proper quality to the common property in the apartment building and the boundaries of the external engineering networks of the provision of this house, unless otherwise stipulated by the treaty with such an organization. "; p) is supplemented by Part 16, reading: " 16. A person who is responsible for the maintenance and repair of the common property in the apartment building is obliged to ensure the condition of the common property in the apartment building at the level necessary for the provision "appropriate quality"; 26) to supplement article 161-1 as follows: " Article 161-1. The Council of the Multifamily Home 1. In the event that no homeowners ' association is established in the apartment building or the house is not managed by a housing cooperative or other specialized consumer cooperative, and there are more than four apartments in the house, Owners of premises in this house are obliged to elect the council of the apartment building from the number of owners of the premises in this house. Registration of the council of apartment buildings in local self-government bodies or other bodies is not carried out. 2. In the cases referred to in Part 1 of this Article, provided that, during the calendar year, a decision on the election of the council of the apartment house by owners of the premises is not taken or the corresponding decision is not implemented, the local government body self-government shall convene a general meeting of owners of the premises in a multi-apartment house within three months, the agenda of which includes questions about the election of the council of the apartment building, including the chairman of the council of the house, or The establishment of homeowners ' associations in this house. 3. The council of the apartment block cannot be elected for several apartment buildings. 4. The number of members of the apartment building council is set at the general meeting of owners of premises in the apartment building. Unless otherwise determined by the decision of the general meeting of owners of premises in the apartment house, the number of members of the council of apartment building is established taking into account the number of entrances, floors and apartments in the house. 5. The council of the apartment building: 1) ensures the implementation of the decisions of the general meeting of owners of the apartment building in the apartment house; (2) delivers to the general meeting of owners of the premises in the apartment house as questions to discuss the proposal for the use of common property in the apartment building, including the land plot in which the house is located, on how to plan and organize the maintenance and repair of common property in of the apartment building, about the procedure for discussion of the draft agreements concluded by the owners premises in a given house with respect to common property in a given house and provision of public services, as well as proposals on the competence of the council of the apartment building, elected commissions and other proposals on issues, decision-making on which is not in contradiction with this Code; 3) presents to the owners of the apartment building proposals on planning for the management of the apartment building, the organization of such management, maintenance and repair of the general facilities property in this house; 4) represents the owners of the premises in the apartment building, pending consideration at the general meeting of owners of the premises in the house, on the terms of the draft treaties proposed for consideration at this general meeting. In case of election in the multi-apartment house of the commission for the evaluation of the draft treaties, the opinion is presented by the council of the given house together with such a commission; 5) monitors the delivery of services and (or) execution of works on the basis of The management of the apartment building, maintenance and repair of common property in the apartment building and the quality of public services provided to owners of residential and non-residential premises in the apartment building and the users of such premises, including Common premises in this house; 6) The submission of an annual general meeting of owners of premises in the apartment building is an account of the work done. 6. The chairman of the council of apartment buildings is elected from among the members of the council of apartment building at the general meeting of owners of the premises in the apartment building. 7. The chairman of the council of the apartment building provides management of the current activity of the council of apartment building and reports to the general meeting of owners of premises in the apartment building. 8. Chairman of the council of multifamily home: 1) until the general meeting of owners of premises in the apartment house the decision on the management of the apartment house has the right to enter into negotiations on conditions of the said contract, and with the direct management of the apartment building, the owners of the premises in this house are entitled to enter into negotiations on the terms of the contracts specified in article 164, paragraphs 1 and 2, of this Code; 2) reports to the general meeting of owners of premises in the apartment building The results of the negotiations on the issues referred to in paragraph 1 of this Part; 3), on the basis of a power of attorney issued by the owners of the premises in the apartment building, shall conclude on the conditions specified in the decision of the general meeting of owners; premises in a given house, an agreement for the management of the apartment building or the contracts referred to in article 164, paragraphs 1 and 2, of this Code. Under the management contract, the apartment house acquires rights and becomes bound by all the owners of the premises in the apartment house, which have granted the Chairman of the Council of the apartment house the credentials certified by such powers. Owners of the premises in the apartment house are entitled to demand a copy of this agreement from the management organization, and with the direct management of the apartment building, copies of contracts concluded with persons in the house. The provision of services and (or) the maintenance and repair of the common property in the house, from those persons; 4) monitors the performance of the obligations under the contracts of service delivery and (or) execution maintenance and repair of common property in a multi-apartment building on the basis of The power of attorney issued by the owners of the premises in the apartment building signs the certificates of acceptance of the services rendered and (or) the work performed on the maintenance and repair of common property in the apartment house, acts of violation of quality standards, or The frequency of the provision of services and (or) the maintenance and repair of common property in a multi-apartment house, acts of non-provision of public services or the provision of public services of inadequate quality, and also referred to bodies of the Administering Authority Obligations under article 162, paragraph 2, of this Code; 5), on the basis of a power of attorney issued by the owners of the premises in the apartment house, acts as the representative of the owners of the premises in this house Cases relating to the management of the home and the provision of public services. 9. The council of the apartment building is valid until the re-election of the general meeting of owners of premises in the apartment building or in case of a decision to create a partnership of homeowners until the election of the board of the homeowners ' partnership. 10. The council of the apartment building is to be re-elected at a general meeting of owners of the apartment building in the apartment building every two years, unless otherwise fixed by the decision of the general meeting of owners of the premises in this house. In the event of improper performance of their duties, the council of the apartment block may be reelected ahead of time by the general meeting of owners of premises in the apartment building. 11. In order to prepare proposals on individual issues related to the management of a multi-apartment house, the owners of premises in the house, which are collegiate deliberative bodies of government, may be elected apartment building. 12. The owners of the premises in the apartment block are elected by decision of the general meeting of owners of premises in the apartment building or on the decision of the council of the apartment building. "; 27) in article 162: (a) Part 1 with the following sentence: " Owners of premises in a given house with more than fifty percent of the votes of the total number of votes of owners of the premises in this house act as one side of the concluded house of the contract. "; b) in part 2 of the word" or " Cooperatives or other specialized consumer cooperatives "shall be replaced by the words", the administration of the housing cooperative or the administration of another specialized consumer cooperative, or in the case of under article 161, paragraph 14, of this Code, the developer "; in Part 5, after the words" management of the apartment building "), with the exception of a contract entered into by the developer in accordance with article 161, part 14 of this Code, "; g) in Part 8-1," Part 4 ", replace In the words "Parts 4 and 13"; (d) part 8-2, add the words "and decide on the choice of another management organization or change in the way in which the house is managed"; 28) Part 2 of Article 163 should read as follows: " 2. The administration of a multi-family home in which the share of the Russian Federation, the constituent entity of the Russian Federation or municipal entity in the common ownership of common property in a multifamily house is more than fifty per cent, is carried out on the basis of the management contract of the house, concluded with the administering organization, selected on the basis of an open competition, which shall be conducted in accordance with the procedure established by the Government of the Russian Federation in accordance with Part 4 of the Convention. article 161 of this Code. "; 29) in article 164: a) Part 1 after the words "management of the apartment building" with the words ", the number of apartments in which is not more than twelve,"; b) (Sprag-out-Federal Law dated 21.07.2014 N 255-FZ in) (Spconsumed by Federal Law of 21.07.2014) N 255-FZ) 30) in article 165: a) to be supplemented with Part 1-1, as follows: " 1-1. The local government agency, on the basis of an application by the owners of the premises in the apartment building, the chairman of the council of the apartment building, the management bodies of the homeowners ' association or the authorities of the housing cooperative or bodies The administration of a different specialized consumer cooperative on non-compliance with the organization's obligations under article 162, part 2, of the present Code provides for the conduct of an audit of the activities of the administering organization in the 5 days in accordance with the procedure established by the federal authority The executive branch, which is responsible for the formulation of public policies and regulations in the area of construction, architecture, and urban development (with the exception of State technical accounting and technical cooperation). Inventory of capital construction projects) and housing and utilities. In the event that the control organization fails to comply with the conditions of the management of the multi-apartment house, the local government authority will not later than fifteen days from the date of the respective request Calls a meeting of owners of the premises in the house to resolve the issue of the termination of the contract with such a management organization and the choice of a new management organization or change in the way in which the house is managed. "; b) Part 2 Amend the text as follows: " 2. Local governments, management organizations, homeowners ' associations, or housing cooperatives or other specialized consumer cooperatives are obliged to provide citizens with information on their prices (tariffs) for the maintenance and repair of common property in multifamily buildings and accommodation in them, the amount of payment in accordance with the established prices (tariffs), volume, list and quality of services provided and (or) Work to be done on prices (tariffs) on utilities and services provided payment of these services, participation of representatives of local governments in annual and in extraordinary general assemblies of owners of premises in apartment buildings. "; in) to be supplemented with Part 3 reading: " 3. Local authorities are obliged to provide citizens with information on municipal programs in housing and public services, on the normative legal acts of the local self-government bodies regulating relations in the municipalities. of municipal and engineering infrastructures, persons operating these facilities, production programmes and investment programmes organizations that supply the resources required for the provision of Public services, compliance with the established quality parameters of goods and services of such organizations, on the status of the calculation of utility personnel (public service providers) with the persons involved in the production and The implementation of the resources required for the provision of public services, as well as with water-maintenance workers, on the status of the calculation of consumers with utility providers. "; ), to be supplemented by Part 4, as follows: " 4. Organizations that supply the resources required for the provision of public utilities, apartment buildings, residential houses, and service providers for the maintenance and repair of common property of owners of premises in Multi-family buildings and utilities are required to provide local government authorities with information about the prices (tariffs) for services and work on maintenance and repair of apartment buildings and residential buildings rates of payment by consumers of services in accordance with established prices (tariffs), volume, list and quality of services provided and (or) work performed, prices (tariffs) on the provided utility services and the amount of their payment, about the state of the facilities located in the territories of municipalities the utilities and engineering infrastructures, compliance with the established parameters of the quality of goods and services of such organizations, the state of payments of utility services by the persons involved in the production and implementation of the resources needed for the the provision of public services, as well as with water-keeping persons, on the status of user accounts with utility performers. "; d) to be completed with Part 5: " 5. The procedure, timing, frequency and form of provision to local governments of the information referred to in paragraph 4 of this article shall be established by the Government of the Russian Federation. ". Article 2 Article 24, paragraph 3 Federal Law of 26 March 2003 N 35-FZ "On the Electricity Industry" (Assembly of Laws of the Russian Federation, 2003, N 13, Art. 1177; 2010, N 31, est. 4156) the following changes: 1) (Spconsumed by Federal Law of 25.06.2012. N 93-F) 2) paragraphs 7 and 8 are considered to be paragraphs 8 and 9 respectively. Article 3 Article 8 of the Federal Law of December 29, 2004 N 189-FZ " On the enactment of the Housing Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION (15) The following changes: 1) Replace "1" with "Before". Before you insert "; 2), add the following content: " 2. Prior to the amendment of federal laws and other regulatory legal acts to replace the procedure for the provision of housing and utilities benefits to citizens under article 160 of the Housing Code of the Russian Federation. The Federation of Compensation for Housing and Community Services Compensation is provided to citizens without paying for living accommodation and public services or in the case of a citizen's imprisonment and/or execution of agreements to settle it. ". Article 4 Article 6 (8) Federal Law of December 26, 2005 No. 184-FZ "On amendments to the Federal Law" On the Basis of Regulation of Tariffs of Organisations OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5597; 2007, N 1, st. 21; N 43, sect. 5084; 2010, N 31, sect. 4206) the words "Parts 1 to 3" should be replaced by the words "Parts 1 to 7". Article 5 Article 6, paragraph 2, of the Federal Law of 27 July 2006 N 152-FZ "On personal data" (Legislative Assembly of the Russian Federation, 2006, N 31, art. 3451; 2009, N 48, sect. (5716) To supplement paragraph 5-1 as follows: " 5-1) personal data processing is required by management organizations, homeowners ' associations, housing cooperatives, housing cooperatives or other Specialized consumer cooperatives operating under the Housing Code of the Russian Federation for the management of multi-apartment buildings or persons with whom the owners of premises in a multi-apartment building The management of the apartment building has entered into service contracts and (or) the maintenance and repair of common property in a given house or persons with whom the owners of the apartment buildings in the direct management or owners of residential houses have entered into contracts for the provision of public utilities services or persons engaged on the basis of contracts to carry out settlements with owners of premises in the apartment building, owners of residential buildings, tenants of residential premises of state or municipal housing stock for maintenance and repair of common property in apartment houses, residential buildings and utilities services; ". Article 6 Article 6 Act No. 294-FZ of 26 December 2008 " On the protection of the rights of legal persons and OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6249; 2009, N 52, sect. 6441; 2010, N 31, sect. 4196), the following changes: 1) in paragraph 3 of Part 2 of Article 4, the words "and acceptance" should be replaced by the word "projects"; 2) (Spaced by Federal Law dated 21.07.2014 N 255-FZ) Article 7 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4159) the following changes: 1) in paragraph 5 (5) of Part 2 of Article 4 of the word "except for thermal energy sources functioning in the combined generation of electrical and thermal energy" Electrical and thermal energy in the combined generation of electric and thermal energy with the installed electrical power of 25 megawatts and more "; 2) paragraph 4, paragraph 4 of Article 5, with the words" c installed capacity of 25 megawatts and more "; (3) In article 7: (a) Part 2, supplement paragraph 10 to read: " 10) deals with disputes between the regulatory body and the organization operating regulated heat supply activities, connection with the choice of the method of regulation of heating tariffs and makes decisions binding for execution. "; b) to be supplemented with Part 9 reading: " 9. Templating organizations, network organizations, regulatory authorities are obliged to disclose information in accordance with the standards approved by the Government of the Russian Federation for information disclosure standards for tepflat organizations, theflat-netting organizations. organizations, regulatory bodies. "; in) should be supplemented with Part 10, as follows: " 10. The standards for the disclosure of information by the flat-users organizations, the network organizations, the regulatory authorities establish the composition, order, timing and frequency of the provision of information. "; ) should be supplemented with Part 11 of the following: Content: " 11. The executive authorities of the constituent entity of the Russian Federation in the field of State regulation of prices (tariffs) in accordance with the standards for the disclosure of information by heating operators, theflat organizations, regulators and In the light of the sectoral, technological, structural, geographic and other features of the activities of these organizations, the following are entitled to approve: (1) the form of provision of information by the supplying organizations, theflat organizations of information, free access; 2) guidelines for the filling of flat-set organizations, teetopuleev organizations of forms of provision of information approved in accordance with the established procedure. "; (d) to be completed with Part 12, as follows: " 12. Information which is classified as State secret is not included in the information to be disclosed in accordance with the standards for the disclosure of information provided by templating organizations, theflat organizations, regulatory bodies. "; (e) should be supplemented with Part 13 reading: " 13. Information on regulated activities to which available free access is provided and to be disclosed in accordance with the standards for the disclosure of information supplied by templating organizations, flat-net organizations, regulators, may be recognized by these organizations as a commercial secret. "; g) to be supplemented with Part 14 reading: " 14. Control of compliance with the standards for the disclosure of information by the planetev organizations, the network organizations is carried out by the executive authorities of the constituent entities of the Russian Federation in the field of State regulation of prices (tariffs) in the the procedure established by the Government of the Russian Federation. "; z) should be supplemented with Part 15 reading: " 15. Control of compliance with the standards of disclosure by the executive authorities of the constituent entities of the Russian Federation in the field of state price (tariffs) is carried out by the federal executive authority in the region. of the state regulation of heating tariffs in the procedure established by the Government of the Russian Federation. "; thermal media "; 5) article 14, paragraph 13, shall be declared invalid. Article 8 1. Paragraph 1 of article 136, paragraph 1, of the Housing Code of the Russian Federation (as amended by the present Federal Act) does not apply to Association of homeowners created before the day of the entry into force of this Federal Law. 2. Created in accordance with article 139 of the Housing Code of the Russian Federation , homeowners ' associations have been in force since the date of entry into force. of this Federal Act prior to their liquidation or reorganization, in accordance with the procedure established by the legislation of the Russian Federation. 3. Prior to 1 March 2012, homeowners ' associations were obliged to submit to the competent authorities of the constituent entities of the Russian Federation the entities referred to in article 20, part 2, Housing Code of the Russian Federation (in the wording of this Federal Law), certified by the presidents of homeowners ' associations, copies of decisions on the establishment of such housing associations, statutes of associations, amendments made to the statutes of associations. 4. Before 1 March 2013, the competent authorities of the constituent entities of the Russian Federation, referred to in article 20, paragraph 2, of the Housing Code of the Russian Federation The Federation (in the wording of this Federal Law) is obliged to check the legality of decisions on the establishment of homeowners ' associations, decisions to approve the general collections of owners of premises in multi-apartment houses of multi-apartment buildings and legality The conclusion of such treaties. In case of violations of the requirements of the legislation of the Russian Federation, the above-mentioned executive authorities of the constituent entities of the Russian Federation are entitled to apply to the court for annulment of decisions taken by the general assemblies. Owners of premises in apartment buildings in violation of the requirements of the Housing Code of the Russian Federation. 5. With respect to multifamily buildings put into operation until the day of the entry into force of this Federal Law, as defined in article 161-1 (in the wording of this Federal Law) shall be implemented from the date of the entry into force of this Federal Law. 6. Persons engaged in the management of multi-apartment buildings, business activities in the provision of services and (or) the maintenance and repair of common property in multi-apartment buildings on the day of joining of this Federal Act, within three months after the date of the entry into force of this Federal Act, the competent authorities of the constituent entities of the Russian Federation must be notified of the commencement of the relevant activities. business. Article 9 1. This Federal Law shall enter into force 10 days after the date of its official publication, with the exception of subparagraph (c) of article 1, paragraph 25, of this Federal Act. 2. Subparagraph (c) of article 1, paragraph 25, of this Federal Act shall enter into force on 1 March 2012. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin June 4, 2011 N 123-FZ