Hello!
What can be added from the "excellent" so that the Criminal Code is finally "untilled" with the service?
And a lot of legal errors in the text?
We do not claim a "concierge" - we will be in a year and the "main concierge", and the security service Concierge.
And after 5 years, a messenger at the headquarters of the first army of the northern front of the concierge service of the first entrance appear.
And a lot of fools, the country is large.
The reasonable objection to the "Concierge" service.
The list of solutions, the adoption of which is related to the competence of the General Assembly of Owners, established by paragraph 1-5 part 2 of Article 44 of the LCD RF.
At the same time, P .. 5, Part 2 of Article 44 of the LCD RF assigns to the competence of the general meeting of owners of other issues in cases where decision-making on them is expressly provided for by the norms of the LCD RF.
Installed LCD RF, the list of decisions attributable to the competence of the General Assembly of Owners is closed, i.e. Not subject to expansion interpretation depending on the desires or needs of individual owners or their associations. The distinction of a variety of human interests encountered among themselves is the main task of law.
This task is implemented in the LCD of the Russian Federation, which contains the procedure for coordinating the interests of the participants of the total ownership of the total property of an apartment building, corresponding to the specifics of housing relations.
Accounting for the interests of most owners and, accordingly, ignoring the will of owners that make up the minority is possible only within the framework of the norms of the LCD of the Russian Federation. Mandatory for all owners of premises in an apartment building is only such a decision of the general meeting of the owners of premises in an apartment building, which is adopted in the established LCD of the Russian Federation, on issues related to the competence of such a meeting (part 5 of Article 46 of the LCD of the Russian Federation).
In accordance with Part 7 of Art. 156 LCD RF solving the issue of determining the size of the fee for the maintenance and repair of residential premises in an apartment building is carried out at the general meeting of the owners of the premises in case such a house did not create a partnership owners of housing.
Establishing the structure of fees for residential premises and utilities, the procedure for calculating and making such a fee in accordance with paragraph 16 of Art. 12 LCD RF is attributed exclusively to the powers of the state authorities of the Russian Federation, i.e. The general meeting of the owners of the apartment buildings with such powers on the LCD of the Russian Federation is not endowed.
Section VII LCD RF "Fee for a residential premises and utilities" (Art. 153-158) identifies the obligations of owners for making fees for residential premises and utilities, structure and size of such fees.
The obligation of owners in a timely manner and fully to make a fee for residential premises and utilities from the moment of the occurrence of ownership of the residential premises was established in Part 1 and paragraph 5 of Part 2 of Art. 153 LCD RF.
The structure of the residential premises and utilities for the owner of the room in an apartment building includes:
1) fee for the maintenance and repair of residential premises, including fees for services and work on the management of an apartment building, maintenance, to the current repair of common property in an apartment building;
2) overhaul fee;
3) fee for utilities (part 2 of Art. 154 LCD RF).
The size of the fee for the maintenance and repair of the residential premises in accordance with Part 1 of Art. 156 LCD RF is established in the amount ensuring the content of common property in an apartment building in accordance with the requirements of the legislation.
The requirements for the main property in an apartment building are established by Article 39 of the LCD of the Russian Federation and approved in accordance with Article 39 and Art. 156 LCD RF Resolution of the Government of the Russian Federation of August 13, 2006 N 491 "Rules for the content of common property in an apartment building."
The amount of utility fees is determined in accordance with Art. 157 LCD RF and approved in accordance with Article 157 of the LCD of the Russian Federation by the Decree of the Government of the Russian Federation of 06.05.2011. N 354 "Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings".
According to Part 1 of Art. 158 LCD RF, owners of premises in an apartment building are obliged to carry the costs of the maintenance of the premises belonging to them, as well as to participate in the costs of the mainstream property in an apartment building in terms of its share in the right of a common ownership of this property by making fees for the maintenance and repair of residential premises and contributions. on overhaul.
The norms of the LCD of the Russian Federation do not oblige the owners of the premises in an apartment building, to bear any other expenses by making payments not established by section VII LCD RF "Fee for a residential premises and utilities" (Article 153-158).
Thus, the adoption by the General Assembly of the Owners of the Apartment House for the Concierge Decision, which is not related to the competence of such a meeting and forcing the owners of the residential premises, which are open to the Facial Accounts, to contribute to the Criminal Code, without any payment by law, violates the above-mentioned norms of the LCD RF .
By its essence, the "payment of concierge" in the amount of ... is a paid additional service.
To provide this service, the Criminal Code specially hires an employee for the post "Concierge". Conditions for the provision of the service (including the amount of payment or tariff) is defined by the Criminal Code as an executor of the service at its discretion.
The provision of a paid service should be carried out in accordance with the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), taking into account the fundamental principle of freedom of the parties in the conclusion of the contract (Article 421 of the Civil Code of the Russian Federation).
The rights of consumer citizens are protected by the law of the Russian Federation of 07.02.1992 No. 2300-1 "On the protection of consumer rights", Part 3 of Article 16 of which contains a direct ban on the provision of the executor of services without the consent of the consumer.
The decision on the need for an additional service should be made by each owner independently, i.e. The decision on the "Concierge", adopted by each individual assigned to the owner, can be regarded only as personal consent (or refusal) of this owner with the terms of the fee offered by the Contractor.
The material is mined with the decision of the Lefortovo District Court Moscow
Tips for lawyers:
1. Are we obliged to pay for the concierge services if the payment is not included in the receipt? There is no HOA in the house.
1.1. ☼ Hello
Such questions owners a lot of apartment house decide on the general meeting and solve issues by voting
I wish you good luck and all the best!
Have you helped the answer? Well no
1.2. If you decide to hire a concierge, at the general meeting, then in this case you have to pay for it. Good luck in your business and all the best.
Have you helped the answer? Well no
2. Can it be included a concierge in the receipt if I for example against.
2.1. No, of course - the payment of the concierge is not included in utilities
Good luck to you! Always happy to help
Have you helped the answer? Well no
2.2. Your personal opinion is not interested in anyone. If the majority of the owners have decided the majority, then you will have to pay
I wish you good luck and all the best.
Have you helped the answer? Well no
3. Is it possible to pay the Wahter (concierge) payment in the receipt.
3.1. Yes, you can make
Have you helped the answer? Well no
4. It is legitimate to include a fee for concierge in the receipt of payment for utilities for utilities.
4.1. It is legitimately included in the concierge fees --- should be solved at the general meeting of the owners of premises in an apartment building.
Article 44. General meeting of owners of premises in an apartment building
[Housing Code of the Russian Federation] [Chapter 6] [Article 44]
1. The general meeting of the owners of the premises in an apartment building is the management body of a multi-apartment house. The general meeting of the owners of premises in an apartment building is held in order to manage an apartment building by discussing the issues of the agenda and making decisions on the issues posed on the vote.
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5. How payments for concierge services from the apartment is calculated.
5.1. So, by agreement between those who use the services of Concierge!
The service is optional.
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6. In the new building, the meeting of owners is held from December 1, 2019 to January 16, 2020 in part-in-law form, the protocol of the Owner's Assembly is decorated and signed 17.01.2020. Payment for housing and communal services, in and I am an intercom, concierge and challenge KGM is exhibited for December 2019, it is necessary to pay until 10.01.2020. Is the authority of the Criminal Code puts the bill for utilities, earlier than the issued protocol of owners?
6.1. It is legitimate, since these payments and provision of these services are approved in solving.
Have you helped the answer? Well no
7. I live in an apartment building. In our stairwell, part of the owners believe that they need a concierge and concierge round thelocks on duty in the entrance. Payment by cash conciege, was before 1000 p per month, half a year ago it became 1200 p, now since February - 1300 p, the contract for the provision of concierge services I did not conclude how can I refuse the service and not pay it?
7.1. And the decision of the General Assembly took place on the issue of adopting a conjury?
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8. I am the owner of non-residential basement with a separate entrance. I impose a payment for a concierge that is in a residential entrance. If I have the opportunity to challenge this decision? 8-9082128932.
8.1. If you are the owner of non-residential basement with a separate entrance and you impose a concierge payment, which is in a residential entrance, then you have the opportunity to challenge this decision in court.
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9. Can the management company at the request of the JSC additionally include in the payment of the office of the house (or concierge) in order not to collect payment by cash.
9.1. Maybe, but only if the general meeting of the owners of the MKD decided to make a concierge, while the protocol of the General Assembly should be.
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9.2. NOT.
Since the form of payments for housing and communal services is approved by the order of the Ministry of Economics and includes 6 sections:
Information about the payer and executive services;
Information about the readings of individual accounting devices;
Calculation of the size of the fee for the maintenance of residential premises and utilities, a contribution to overhaul;
Reference Information;
Calculation of the amount for payment, taking into account installment payment;
Information on recalculation (lowering +, decrease-).
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9.3. It may include, but the RCS at the general meeting should take an appropriate decision on this topic (relative to the availability and payment of concierge).
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10. Can I prevail the rental of cash refunds paid for utility receipts. The contract has written payment for the cost of utilities (electricity, hot and cold water, heating, telephone). And on the fact I paid more service content management home repair and concierge whole stay. There was a conflict situation with the landlord.
10.1. If you have copies of the receipts for the LCK, receipts confirming the transfer of funds to the landlord and the original lease agreement, you can send a written notice to the Lessor that there is no debt according to the accompanying documents. If there is a overpayment on your part, then send a claim with a request to return to you in a voluntary order of an overlapped amount, specify that otherwise you will have to go to court.
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11. I remove the apartment. In the house they decided to hire concierge. At the same time, payment from the owners of 300 p, and from the removals - 500 rubles. Payment requires cash to give a concierge to the hands. Signature about the refusal to the questionnaire I put, but I am not the owner, I do not know how valid it is in this case. How can I refuse to pay cash to the hands of concierge and challenge the difference in value for owners / removals? What document to refer to?
11.1. You have the full right not to give cash. You must set an account, and this payment must go to the account of the Criminal Code.
Good luck and all the best.
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12. Two months ago I bought an apartment with full finish. When concluding a contract with the Criminal Code, I signed a compensated service agreement in which the concierge services and the anti-vandal protection of the elevators were prescribed (the walls are plywood).
Do I understand that the funds for this should go from the article of payment "Content and Repair" and recovery of funds for this is illegal?
There are no finishes in elevators.
And is it possible to abandon the part of the contract services?
12.1. Legal, this service, you agreed to pay it.
You can refuse.
It is necessary to send an application for refusal to contract and pay, indicate that nothing has been done yet.
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13. In the Housing Code of the Russian Federation there are no articles on additional services (concierge, video surveillance, etc.). Why are the management organizations exhibit additional services in receipts for payment for housing (concierge, video surveillance)?
13.1. The inclusion of additional services to utilities is taken at the general meeting of owners of housing through a simple voting. You need to find out when it was a meeting, to request a meeting protocol, then you already need to familiarize yourself with this protocol and discard further actions.
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14. During the year we pay the receipt for housing and communal services, take payment for the concierge of 372 rubles., Although it is not on the fact. Called in the Criminal Code they explained this to what he sits in another entrance. Can I demand recalculation? Because It is in our entrance that there is no conserge.
14.1. You need to pay only for the services that you have. If the concierge sits in another entrance, you should not pay and demand recalculation.
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15. Is the payment of concierge services obligatory (in receipt of protection) in an apartment building? I did not conclude a contract. The management company refers to the decision of the Assembly of Owners.
15.1. If there is a decision of the general meeting of owners of housing, this payment will be mandatory. In this case, most votes are enough.
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15.2. According to paragraph 5 of Art. 46 LCD RF, the decision of the General Assembly of the Owners of the premises in an apartment building, adopted in the procedure established by this Code, on issues related to the competence of such a meeting is mandatory for all owners of premises in an apartment building.
By virtue of Part 6 of Art. 46 LCD RF, the owner of the room in an apartment building has the right to appeal to the court a decision taken by the general meeting of the owners of the premises in this house with a violation of the requirements of this Code, in case he did not participate in this meeting or voted against the adoption of such a decision and if such a decision is violated His rights and legitimate interests.
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16. In our new house there will be a general meeting of owners. The question of concierge in the entrances will be considered. Question. How voting is held, votes from each apartment or an apartment area. And the second question. If you decide that there will be a concierge, payment is made from an apartment area or will I be the same for everyone?
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17. We bought an apartment in a new building, in the Criminal Code signed that we are not against the concierge, but when it will be with us, and with what date the payment for it is not discussed. We do not live there, and we are not going to half a year, we received a receipt for 3 months, there were already connected concierge from the first month, 605 p per month. You do not want to pay for me, we do not live there, we do not need tell me, is it legal? We are not informed? And how to refuse it?
17.1. It is not too late to refuse it! Documents should be made faster, since at the conclusion of contracts from the corner, penalties are always prescribed. Therefore, you need to make a complaint in the Criminal Code, a complaint to the district administration and a complaint to the RPN, for the refusal of concierge services. If you need more detailed advice on this issue you can contact me direct through messages. Consultation is free.
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18. Payment for concierge services: whether equal is legitimate. And 140 meters and 50? We are tested by large apartments.
18.1. This issue is solved at the general meeting of the owners of the house, Article 44.46 of the LCD of the Russian Federation. It will not be paid in payment, it is not mopes. Good luck to you.
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19. I am the owner of two apartments in one entrance, in one living, no one lives in the second. Can I pay for a concierge service only for one apartment?
19.1. LCD RF, Article 46. Decisions of the General Assembly of Owners of Premises in an apartment building
5. The decision of the general meeting of the owners of premises in an apartment building, adopted in the procedure established by this Code, on issues related to the competence of such a meeting is mandatory for all owners of premises in an apartment building, including those owners who did not participate in the voting.
If the payment of the concierge services is installed at the general meeting of tenants, then you cannot refuse payment.
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20. The question under the contract of hiring residential premises. It has an item: "The employer pays monthly electricity bills, water supply and drainage, Internet services, teleconnenne, magnetic lock at the entrance to the entrance and concierge services." Receipt of payment is one, there are: 1) accrual for the content of the residential premises, 2) a fee for overhaul / hire and 3) accrual for utilities. The third item is clearly paid by the employer, but the first and second one?
20.1. The first and second point must pay the owner of the residential premises, because it is specified in the LCD of the Russian Federation, especially in the contract itself it is not said, so in any case the owner should pay.
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20.2. Judging by the text of the contract of hiring, the first two points the employer should not pay, because nothing is indicated in the contract.
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21. A general meeting in 1999 was decided to organize a concierge service. In 2016, there was a correspondence vote for improving payment for concierge. By a majority vote, it was decided to leave the concierge service and establish a fixed payment of 280 rubles from the apartment .. It was a year, 2 members of the housing department wrote a statement that they would not need a concierge service and pay for it they would not. Are their actions are legitimate?
21.1. Not legitimate
"Housing Code of the Russian Federation" dated December 29, 2004 N 188-ФЗ (ed. Dated December 28, 2016) (with change and extra., Intrust
LCD RF, Article 117. General Meeting of Members of Housing Cooperative
2. The decision of the General Meeting of Housing Cooperative Members, adopted in the prescribed manner, is mandatory for all members of the housing cooperative.
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22. Received a municipal apartment. The Company Company requires payment for add. Services 1 Concierge service, 2-video surveillance, 3-additional wet cleaning of common areas. Refusal to show the protocol of the assembly of residents.
22.1. --- Hello, and the question is what? Require payment to decide to pay from payment or pay. It is only to decide. Good luck to you and all the best. : SM_AX:
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22.2. If you do not show a protocol of the assembly, in this case, this imposed service Write a complaint to the housing departments to the prosecutor's office. Have a good pleasant evening.
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23. I am the name of non-residential premises in an apartment building. I have a separate entrance from the end of the house. Monthly in the receipt of payment, the amounts for: 1. The building of the building (1800) 2. The content of the elevator, 3. Electricity of common areas. The "Building Content" includes such costs as a salary of the management of HOA, cleaners, concierge, then cash registers, etc. Should I pay for all this if I don't use all this? Are the actions of the HOA?
23.1. Since the services you listed are general aid costs, then you must pay for them. These costs are not recalculated.
Have you helped the answer? Well no
24. Is the debtor (apartment owner in an apartment building) legitimately the electricity to the owner of the apartment in an apartment building? For all other payments, payment is made regularly.
24.1. No, of course not legally! I advise you to write a complaint with the housing inspection and to the prosecutor's office on the actions of the management company.
Have you helped the answer? Well no
24.2. Is it legal to turn off the electricity to the manager of the debtor (apartment owner in an apartment building) for non-payment of payments for receipt for concierge services? For all other payments, payment is made regularly.
In your case, not write a complaint to the prosecutor's office.
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25. Remove the apartment in Moscow, with me require payment of concierge. I did not participate in meetings, I did not sign anything and pay money for him with a record in the notebook. His stay do not understand and not need. Can I refuse?
25.1. The rental contract must contain payments that you must pay. As a rule, it is power supply, water supply and water disposal. The rest of utility payments bears the owner. Familiarize yourself with your lease agreement and pay only those payments that are specified in this contract.
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25.2. Terms of payment of utilities and other expenses are negotiated with the owner of the apartment and the contract concluded. As in the contract it is indicated - so you should come.
On payment of concierge services
From the editor . Repeated readers of the online newspaper asked the question of payment of concierge services in Moscow, but somehow failed to make a specific material on this topic. Helped the case. The editors of the district newspapers of the capital received information, probably "lowered over" -n this topic. Read. It seems that everything is specifically, in the case, but nevertheless, some questions remain.
The owners of the premises in an apartment building may decide, according to which the organization engaged in the management of an apartment building will independently protect the entrances through concierge at the expense of its own forces, or with the involvement of contracting organizations (Article 45 of the LCD RF). The payment of concierge in this case is made at the expense of the inhabitants and are not compensated from the city budget. The order, methods and the size of the board are determined by the owners of the apartment buildings at the general meeting. In turn, the Government of Moscow continues the implementation of the Program to bring into account the entrances of residential buildings, including financing through the budget of the budget of entrances by concierge. Such assistance is provided by the city at the initiative of the residents of the house, subject to the presence of special premises equipped with the city budget and in the absence of video surveillance systems. At the same time, payment from the budget is only on one duty at the entrance with a single-day five-day mode of operation, despite the fact that the entrance must be protected in round-the-clock mode by several duty.
In accordance with paragraph 3.1 15 of the Decree of the Government of Moscow dated April 24, 2007 No. 299-PP, the function of the protection of entrances through concierge, entrusted to the GU of Isractions, is carried out by them for state orders on a competitive basis. But the state contract will be concluded by the results of the GU system, according to which the direct provision of employment entrance services on duty at the entrance (concierges) will be carried out by the organization that won the competition, according to the address list, which is an integral part of such a contract. HOA, utilities, LCD and other managerial organizations should be included in the address list on the basis of their statements about the clock protection of all the entrances of the apartment building at the expense of budget financing.
Decree of the Moscow Government of February 3, 2009 No. 72-PP "On approval of expenses for the maintenance of the duty officer at the entrance" provides for funding for the maintenance of the duty in the entrance, based on 18,763 rubles (including VAT) for an entrance month. In the settlement of the utmost standards for the maintenance of the duty in the entrance: wage fund with social insurance charges, taking into account the substitution for the period of vacation and illness - 11,692, 43 rubles. (salary taking into account the hiking tax); overhead costs of 40% ( ed. - Good appetite!) From the main salary, including administrative and management costs and payment of utilities; planned accumulations in the amount of 3.26% of the cost; Value Added Tax - 18%. Thus, the duty in the entrance, the content of which is funded from budgetary funds should be listed in the organization that won the competition for the provision of services for the protection of residential entrances by concierge. The amount of concierge pay, working in such an organization, is determined by the terms of the employment contract. Change the named procedure for organizing the protection of entrances of residential buildings by the method of duty at the entrance in 2011 is not expected.
From July 1 of this year, the Moscow Government terminates the payment of subsidies to managers for the content of concierge in apartment buildings. It concerns this to the tenth of the entrances of Moscow homes.
There are more than 100 thousand of them, and subsidies in 2012 were issued for 9.5 thousand entrances. The rest - either earlier contained on duty on their own funds, or were content with video surveillance cameras.
What to say, people got used to budget assistance, because they received it since 1999. Let it be not so sufficient, but one thing is to pay extra on duty, and another thing is to finance them completely. Yes, and the residents of concierge arranged much more than the camcorder installed in homes.
Talking about the possible emergency abolition of subsidies began from the beginning of 2012. In paragraph 2 of the Decisions of the Government of Moscow No. 369-PP dated August 16, 2011, the term of their provision was clearly marked - from January 1 to June 30, 2012. And what's next? Judging by the editorial mail, many houses from concierge will be forced to refuse - not pull. But somehow get out to get out - the question is about the safety of residence. Judging by the abundance on the Internet, the vacancies of concierge in apartment buildings, they are needed, and they are missing. HOA, utre offering a convenient schedule: a day after two or through three. Salary from 6 to 9 thousand rubles, or a seamless payment from 600 to 1000 rubles. Do not forget to emphasize the proximity of the house to the metro station and that the workplace is equipped with a toilet, hot, cold water, a place to relax. And, as a rule, it is guaranteed by the official, in accordance with the Labor Code. And few applicants, mostly non-resident, are interested in the possibility of free accommodation. Judging by the fact that the demand exceeds the supply, these conditions attract few people. But concierge even with such a salary - for residents the pleasure is expensive. For example, three replaceable workers with a salary of 6 thousand rubles for an entrance of 20 apartments - this is 900 rubles a month from the apartment! And add taxes with salaries!
Therefore, we often ask the question: how cheaper to organize duty in the entrances, how to make it possible to make labor relations with concierges? For advice, we turned to the head of the Interregional Union of the Homeowners Larisa Denisova.
We are more important to "cheap and angry"!
Consider the options for the employment of concierge in houses of HOA, the HCD. The first - in accordance with the labor legislation.
Labor contracts with duty are through the HOA, the employer will be the employer for them, and it became, to finance and salary, and hospital, and holidays will be citizens living in these homes. Cheap it will not be. With a changeable chart and an eight-hour working day (it should not work more by law), you will need at least 4 people for an entrance with round-the-clock security. Again, the room must be equipped. Regular apartment buildings are far from power. In addition, the HOA, the HCC cannot pay less than the minimum wage (minimum wage). In Moscow, from January 1, 2012, this is 11,300 rubles, and from July 1 - already 11,700 rubles. Chairmen should be aware of: if the organization for any reason cannot or does not want to focus on regional minimum welfare, it needs to be a motivated refusal to the Committee on Labor and Employment. The absence of a written refusal would mean that the employer agrees to apply a new minimum rate. For paying salary below the minimum wage is provided for both administrative and criminal liability. Thus, the head, which made a violation, may be fined from 1 thousand to 5 thousand rubles. And the organization itself - from 30 thousand to 50 thousand rubles. If the organization pays the salary below the "minimum wage" for more than two months, then the manager can be criminalized under Article 145.1 of the Criminal Code of the Russian Federation. Here, the size of the fine is from 100 thousand to 500 thousand rubles. Perhaps even imprisonment for up to three years.
But such a salary of the partnership and cooperatives can not pay. How to be? There is a way out: make a concierge by 0.6-0.8 bets. Or conclude with them not labor, but civil law contracts (read in detail about them in No. 7 "KR" for 2012).
It should be noted that the law gives the right to owners inside the house to order any service and finance it in the amount of which they will find it necessary. At the general meeting, it is better not to establish the size of the concicer's salary, but the cost of ensuring the protection of entrances. In the ZhSS or HOA, you can approve a special fund for security of residence. In the Regulation on this fund, you can include anything - provide for one duty at the entrance or four. You can plan video surveillance on the first floor, and it is possible in each elevator and on each floor. How to organize security - the inner case of owners.
On the other hand, if there are 4-5 entrances in the house, then the duty officers will need at least 20! Why zerk and highlighting to bother with labor contracts with all them and carry huge costs associated only with the design of labor relations? It is constant control, responsibility for people - they quit, they got sick, then they left on vacation. So the house will once be engaged! Add to this large taxes from the stock of their wages, which should be paid in a timely manner, and, most importantly, for all this it is necessary to report. And the salary accountant will have to increase, at least twice, and then to take the second accountant, which would only deal with the calculations of the salary.
The Institute of Individual Entrepreneurs can help out. It is much cheaper to arrange someone from the owners who have evidence of an individual entrepreneur. To arrange the right to engage in security activities is serious. We need something simpler, not related to security activities. For example, under the contract to entrust him to ensure the protection of entrances. In this case, the estimate will include only the costs of the contract with this individual entrepreneur, which residents will be required to finance. And all employment contracts with employees will conclude this entrepreneur. And he can organize protection as it deems necessary. Himself will take to work, it is to control himself, it is necessary to follow the premises, equipment. In this case, the cost of HOA will be reduced decently. The task of the Chairman of the Board is to agree on the amount that the employee will arrange and finance it through the receipts of the inhabitants.
Some hsks, the HOA is done differently - they take on the work of individual entrepreneurs concierges. And reason this way: I received a license man, stood in mind to the tax authority and every month pays the state by the state. And the HOA, the urates here have nothing to do with it. Yes, the tax is paying, but where does the money receive? Based on what the inhabitants pay him? The contract with him, like a hired employee in this case, should be with someone. Each working individual must have a contract, on the basis of which he receives a salary. If the money he gets directly from each apartment, then the contract must conclude with each owner. One hundred apartments is a hundred treaties. There is no other. Just so collect money from the inhabitants and put him in a pocket - this is black for which the partnership or cooperative can finf.
There is another move that does not contradict the law. Now, in order of things when wealthy owners hire housekeepers, concluding contracts. Why not do one of the inhabitants or the older at the entrance? Maybe he is so rich that can hire a concierge, which, besides his apartment, will guard the whole entrance? And where he will take, say, 15 thousand rubles to her salary - will they make money on apartments or pay from his pocket, no one concerns. By the way, the same way can be hired and a cleaning lady.
Of course, this question is not worth it in elite houses. But in ordinary homes where people with medium prosperity live, pensioners, you will have to "invent" a cheap and angry option. Otherwise, security will become a ruinage.
Official comment
As explained in the complex of urban economy of Moscow, the subsidies to managers to compensate for the costs of paying for payments in the entrances of residential buildings in accordance with Article 78 of the Budget Code of the Russian Federation in order to state residential owners of residential premises in the implementation of apartment buildings and ensuring favorable and safe Conditions for residence of citizens, as well as the preservation of common property in apartment buildings.
At the same time, according to the housing legislation of the Russian Federation, the owners of the premises in an apartment building independently carry expenses on the content of common property in an apartment building (Article 39).
In order to comply with the norms of federal legislation, the decision of the Government of Moscow dated August 16, 2011 No. 369-PP defined the period of granting subsidies to compensate for the cost of paying for duty in the entrances of residential buildings from January 1 to June 30, 2012.
According to the housing legislation, the owners of the premises at the General Meeting have the right to decide on financing work on the protection of entrances by the method of duty at their own funds.
Currently, on the initiative of the owners of the premises, such meetings are held, and at the expense of the owners, duty is organized in the entrances of residential buildings.
Lilia Late
