One of the ways to manage an apartment building is to transfer these rights to the management company. In this case, an appropriate agreement is concluded in accordance with the provisions of Article 162 of the Housing Code of the Russian Federation. The term of the contract can be from 1 to 5 years, while the owners of the premises of the house have the right to terminate it early.
Instructions
Step 1
Review the terms of the management contract. In some cases, it may provide for the procedure for terminating the agreement. For example, owners of premises must send written notification of their intentions to the management company (MC). Upon the expiration of the specified period, the contract is considered terminated and residents have the right to choose a new UK.
Step 2
Sign an agreement to terminate the contract by agreement of the parties. In this case, all owners of the premises of an apartment building and the management company must give their consent to this procedure without the occurrence of disputes and conflicts. At the same time, the procedure for transferring management rights to the new management company must be observed, which must receive technical documentation for the house, funds for major and current repairs, as well as funds to pay for the supplied resources.
Step 3
Terminate the contract on the basis of Article 451 of the Civil Code of the Russian Federation, which takes into account significant changes in circumstances that were accepted when the parties entered into an agreement. In other words, the new situation must change so dramatically that the parties simply could not foresee it. In this case, the contract is terminated by mutual agreement or by a court decision.
Step 4
Refer to article 161 of the Housing Code of the Russian Federation, which states that the owners of premises have the right to organize a general meeting and decide to change the way the house is managed. Draw up the minutes of the meeting, on the basis of which you demand from the Criminal Code to terminate the management agreement. In case of refusal, apply to the court with a statement of claim.
Step 5
Document the violations committed by the management company. According to paragraph 2 of Art. 450 of the Civil Code of the Russian Federation, the contract can be terminated if one of the parties violated its terms, which entailed the deprivation of the rights of the other party, which it had the right to count on when concluding the agreement.
