In the Irkutsk Akademgorodok, there is a fierce conflict between local residents and a deputy from the Irkutsk City Duma named Alexander Safronov. This concerns a management company neglecting its duties and refusing to return over 3.5 million rubles to the owners. They are clinging to the building at 297B on Lermontov Street like a leech.
A year ago – backstory
It all began when the roof of this building was persistently leaking. Residents repeatedly requested the management company to carry out repairs. However, they were dissatisfied with the repair that was finally done, as it was done in a very basic way – using a profiled sheet to cover the leaks and cracks. As a result, the leaks continued, and the roof deteriorated due to rust.
In response, the residents decided to take matters into their own hands and terminate the services of the management company. However, they encountered resistance. It seemed no one would willingly give up a proven source of income. Therefore, in June 2021, TSN AcademPlus filed a request to the Housing Supervision Service (referred to as Zhilnadzor or Service) to remove UO Progress LLC from the licensed management list due to the owners' decision to terminate the contract. However, Zhilnadzor inexplicably ignored the owners.
LLC “UO Progress”, using the service's decisions and being fully aware of the contract termination in July 2021, still demands and receives payments from the building's owners, say the residents.
As per the Ministry of Construction's response dated December 23, 2021 (a copy is in the possession of the editors), the homeowners association informs the state housing inspection about terminating the method of managing an apartment building by a managing organization. This information serves as the basis for Zhilnadzor to update the license register if the management company fails to provide information on the conclusion, amendment, or termination of the management agreement within the specified timeframe.
Receiving information from TSN triggers an unexpected inspection, leading to changes in licenses without the licensee’s request, under Part 3 of Article 198 of the RF LC.
The management company chose not to apply to the Service to be removed from the licenses register. Zhilnadzor, against the Ministry of Construction and Housing Code, didn't remove house 297B from the licenses register of the Criminal Code LLC “UO Progress.”
Despite the court's effective decision, the employees of Management Company LLC “UO Progress” continue to demand and collect payments from residents. owners explained.
Our time – courts, debts and housing supervision under control
To protect their rights, the owners held another meeting in February-March of this year, reaffirming the decisions made on June 25, 2021, about TSN Academplus creation, management method choice, and recovery of funds from Management Company LLC UO Progress.” for owners' current repairs.
Upon receiving the second protocol of the owners' general meeting dated March 15, 2022, Zhilnadzor favored UO Progress LLC and rejected TSN's request to remove the management company from the licenses register, violating the law.
As per Article 450.1 of the Civil Code of the Russian Federation, the house management agreement ends when the management company receives the partnership notice, i.e., from July 7, 2021. The owners' partnership obligation to manage the house starts upon the general decision to create a TSN. Changing the management method is a clear reason to terminate an existing agreement with a managing organization, which stops providing public services as soon as the house management contract ends.
The same is stated in a letter from the Ministry of Construction, in response to local residents seeking clarification:
Once the management of an apartment building stops, the management organization no longer has a basis for keeping the funds collected from owners for current repairs that were not used for these purposes.– the Ministry of Construction clarifies in its letter (a copy is available to the editors).
However, if current repairs were paid for by tenants but not carried out by the Criminal Code, the previous management organization may be liable to repay the unjust enrichment.
Despite these clear violations of the law, Alexander Safronov's management company continues to demand rent from the owners and threaten them with debt collection.
At the same time, the owners claim that when they reviewed the case materials in court in April 2022, they found that the minutes of the meeting dated June 25, 2021, submitted to the court by the Service, had clear signs of tampering. The paper with which the protocol was sealed was torn, re-glued, and damaged, indicating possible interference.
Therefore, the Service failed to properly store the received original minutes of the meeting, violating its duties, the Housing Code of the Russian Federation, and the mentioned Procedure. The sealed protocol presented by the Service was opened, raising questions about the intent. This suggests a potential conspiracy between the leadership of Zhilnadzor and Progress.
In this blatantly unfair situation, the only positive aspect is the ongoing turnover of personnel and a lack of employees, including bosses, at Zhilnadzor. If everything was going well there, such situations would hardly arise.
By the way, the government of the Irkutsk region formally responds to the owners' requests, using Zhilnadzor's arguments, seemingly believing that the state body it created cannot be wrong, which raises concerns.
Given such favorable circumstances for wrongdoers, the management company persists in demanding payments and refuses to refund the substantial sum of 3,672,104 rubles paid by the owners for the maintenance and current repairs of common property.
Essentially, we are witnessing a grim situation where the business of a city duma deputy has been a nightmare for homeowners for a year and refuses to let go of a reliable source of income.
At the same time, the State Housing Supervision Service of the Irkutsk Region continues to support the position of the management company, at a time when, in accordance with the law, it was supposed to exclude the house from the license of UO Progress LLC. And even the court pointed out that the decision of the owners is fundamental.
The editors continue to monitor developments and wait for justice.
