Weak circulation in the heating system due to negligence of the developer

Good afternoon. Glaring disgrace is going on, which is not uncommon in HOA, unfortunately. Apparently, they wanted it without a third-party management company, they thought it would be better, but it turned out, as always.

Let's go in order:

1. “The system itself was designed for a 7-storey building, but the builder built two more floors” - on what basis was the original project for building a house changed and where is it documented? And what does it mean, they left the initial design of the heating system? This is a gross violation, which can be regulated as unauthorized conversion and negligence, since the heating was carried out, but no technical changes were made in the data sheet, and the procedure for processing design documentation was violated. Which is punishable by a fine and a legal requirement to return everything to the original project, if the rights of residents are somehow violated. I refer to Art. 25 and 29 of the LC RF, as well as paragraph 6 of the Rules for the maintenance of common property in an apartment building, approved by Resolution of the Government of the Russian Federation of 13.08.2006 N 491.I am sure there are still many violations of the articles there, for example, negligence, abuse of authority, and so on.

Upgrade floors without changing the project in any way. Pressure standards alone are already being violated for all SNIPs, not to mention safety and more. I have a feeling that your house with all the schemes was drafted by the 3-year-old son of the head of the HOA, and then they simply realized, as they could, “naughty”.

2. “The whole problem is in narrowing” - as has already been said, this is reorganization, article 25 and article 29 of the Housing Code, moreover, with violation of the rights of residents and the harm done to them.

3. "Where to complain." And here the question is very complicated. HOA is not an ordinary UK, you have to live with them for a very long time, and if the housing inspectorate is taken for you, your heads will fly. Still, HOA includes at least 50% of the residents of the house ... But this is the moral side of the issue, of course, living with such a problem as yours is extremely problematic.

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What to do? As a homeowner in mkd, you can easily challenge almost any decision and work of the HOA if they infringe on your rights and contradict the law that you are entitled to.

Usually these are the problems of this kind:

1. Tariffs are too high.
2. Again, illegal redevelopment, capital construction, reconstruction.
3. Problems with the provision of services for which you pay. Low water pressure standards, power outages, non-compliance with temperature conditions and so on.
4. The use of common property without coordination for their own needs and enrichment.

Etc.

In general, initially it would be nice to gather the advice of the tenants and submit the problem for consideration, but in fact, usually everyone is brave in private, and will merge at the meeting.

The first thing you do is write a complaint addressed to the chairman of the HOA. It is advisable to collect as many signatures as possible, in practice, one person cannot justify without proving gross violations, and these are years of litigation or the cost of independent examinations (although you can immediately go to court, but it’s better that way). The claim is compiled necessarily in 2 copies and even must be certified by signatures and seals, and it is also necessary to put down the date and number. You have one copy, the second remains with the chairman of the HOA.

In this case, put forward requirements for improving heat supply, guided by the following documentation, clearly indicating your housing rights:

1. GOST 30494-96 - the optimal and acceptable microclimate parameters in a residential building.
2. SP 23-101-2004 - building codes (read this document carefully). Here are the rules that must be observed at the construction stage, in order to create the optimal microclimate in the future.
3. SNiP 31-01-2003 - sets the temperature conditions for living.

Study everything, select the paragraphs you need, because corrections and changes are often made. In addition, issue a warning that if your requirements are not satisfied, you will contact the court or other higher authorities over the HOA.

In theory, it is better to carry it out in the cold season. I don’t remember exactly, but from 7 to 10 days they should respond to your complaint. On the right - to come and take measurements, how it happens in your strange office, nobody knows. In general, the situation should at least begin to be decided.

If there was no reaction at all, you can immediately act dramatically, but I would advise you to file about 3 claims in this way, for sure. You send it either by registered mail, then you pick up a copy (they won’t give it away, write more on the spot, there will be enough paper for everyone) or bring it personally.

Further, in the absence of a claim’s productivity, it is highly advisable to contact the office that has the appropriate license to conduct an independent examination of the measurements of heat in the room and the reasons for its absence, however, again, you have to wait until late autumn, now this is not practical already.They need to take 2 copies of the inspection report, 3 is better, send one to the chairman of the HOA, the second will remain with you and the third should be provided at the place of complaint. It could be:

- The prosecutor’s office.
- Housing Inspectorate.
- Rospotrebnadzor.

The complaint to Rospotreb is drawn up approximately as follows:

1. To the head of such and such an organization from the full name or residents of the apartment building.
2. Our apartment building (the address is complete with the post office index), serves such and such a HOA.
3. The problem arose in the following ... describe the situation.
4. To the claim number is such and such, no reaction was received (I enclose a copy).
5. As a result of the inspection of the housing by an independent examination, the following results (I enclose the act).
6. I do not violate my duties; I pay all fees regularly and on time.
7. Guided by the following documents (I indicated them above to you) and articles No. 27-31 of the Law on the Protection of Consumer Rights, I ask you to take measures.
8. Date, time, painting.

But in general, it is better to download a ready-made form from the Internet (I think you will find it without difficulty), so that you can immediately write in form or ask the authorities - they will tell you. By the way, there are no strict design requirements.

Homeowners Association - a body endowed with the authority of such instances and complaints against it are no different from the standard ones and are considered in accordance with the Federal Law “On the Procedure for Considering Appeals of Citizens of the Russian Federation”. This is free of charge and the review usually lasts up to 30 business days, except in exceptional situations requiring additional consideration in a period not exceeding +30 days. If the HOA during this time has satisfied your needs and rights, you can file a rollback application in connection with the reconciliation and agreement of the parties. But be careful - to promise does not mean to fulfill.

As a result, if the authority finds violations, it assigns a time period within which the HOA must correct the situation, and in addition, most likely, they will impose a fine for certain violations (refusal to provide data is one of them) or transfer the case for further investigation if serious defects in their activities. In your situation, you will win any court.

And, finally, so that you know your rights in the future, I will quote you the LCD, article 138, “Obligations of the partnership of homeowners”:

“A homeowners partnership is required to:

1) ensure compliance with the requirements of this chapter, the provisions of other federal laws, other regulatory legal acts, as well as the charter of the partnership;
2) to manage the apartment building in the manner prescribed by Section VIII of this Code;
3) to fulfill, in the manner prescribed by law, obligations under the contract;
4) ensure the proper sanitary and technical condition of the common property in an apartment building;
5) ensure that all owners of premises in an apartment building fulfill their obligations to maintain and repair common property in an apartment building in accordance with their shares in the common ownership of this property;
6) ensure the observance of the rights and legitimate interests of the owners of premises in an apartment building when establishing conditions and procedures for the ownership, use and disposal of common property;
7) take the measures necessary to prevent or terminate the actions of third parties that impede the exercise of the rights of possession, use and, within the limits established by law, of the disposition of the owners of premises with common property in an apartment building or that impede this;
8) represent the legitimate interests of the owners of premises in an apartment building related to the management of common property in the building, including in relations with third parties;
9) keep a register of partnership members and annually during the first quarter of the current year send a copy of this registry to the executive authorities of the constituent entities of the Russian Federation, indicated in part 2 of article 20 of this Code;
10) submit to the authorized executive bodies of the constituent entities of the Russian Federation, indicated in paragraph 2 of Article 20 of this Code, within three months from the state registration of the changes made to the charter of the partnership certified by the chairman of the partnership and the secretary of the general meeting of members of the partnership a copy of the charter of the partnership, an extract from the minutes general meeting of the partnership members on the decision to amend the charter of the partnership with the attestation of the partnership chairman and secretaries by the general meeting of the members of the partnership copies of the texts of the relevant changes. ”

Good luck in this difficult matter.