Features of drawing up an application to the management company about the bay of the apartment (sample)

The problem, the solution of which will be contained in this article, belongs to the category of specific ones. Therefore, before submitting an application to the management company about the bay of the apartment (a sample of which can be downloaded below), it is recommended to contact a qualified specialist who practices the solution of issues of just such a plan.

A utility accident is a common and extremely unpleasant situation. As a rule, when another tenant is to blame for the damage, they manage to resolve the issue and resolve the differences on their own.

In the event of a conflict and the culprit's refusal to compensate for the damage caused to him, an appropriate claim is filed with the court, preceded by a whole range of actions:

• appeal to the housing and communal services serving the house
• drawing up an act fixing the flooding of the dwelling;
• inviting experts to assess the damage;
• drawing up a conclusion reflecting all the nuances and scale of the harm caused.

In the event that the management company, maintenance personnel of the HOA, etc. are to blame for what happened. organization, then you should immediately draw up an application to the Housing Office about the flooding of the apartment.

The first thing that any practicing lawyer can advise is that you should not immediately start cleaning up and eliminate obvious evidence of the management company's guilt. However, for starters, you should resort to traditional security measures - turn off all electrical appliances and prevent water from entering the neighbors living below.

Next, you should make sure that the cause of the trouble was an operational flaw in the equipment, for which the housing and communal office is responsible. This includes all engineering systems (for example, pipes). You should take several clear pictures of the flooded premises - so that all the most obvious signs of damage get into the frame, and inform the Criminal Code, the housing department or the HOA about the flooding of the apartment (the complaint and demand must be submitted to the organization with which the contract was concluded in accordance with from article 161 of the LCD). It is also desirable to involve neighbors as witnesses of what happened.

The list of malfunctions for which the housing office is responsible and due to which the dwelling may flood includes:

• breaks in sewer pipes;
• roof failures;
• congestion in wastewater outlets.

As part of responding to an application for flooding an apartment, a special commission is created, which usually includes:

• the owner of the apartment;
• a representative of the service economy;
• senior at home;
• an employee of the company providing the resources used.

The task of this team is to inspect the affected dwelling, give an opinion on the presence or absence of the fact of damage and its assessment. Upon completion of all these activities, an appropriate act is drawn up, which is sealed and signed.

Possible difficulties

Based on the conclusion of the invited commission, a special examination is drawn up, which includes an inventory of the damaged property with an indication of the cost of damage, as well as a general repair plan, including a list of necessary work and an approximate timeframe in which it should be carried out. Losses incurred by the owner of an apartment affected by the fault of the public utilities, incurred in connection with the repair, must be fully compensated.

It is not excluded such a development of events in which representatives of the management company refuse any contacts and negotiations with the tenant on the topic of the accident that occurred through their fault and do not accept the application for flooding of the apartment.

In this case, the victim is advised to independently take care of calculating his losses by inviting an expert appraiser for this purpose, who has the right to draw up a special report. This event is fully legal and complies with the Federal Law "On Appraisal Activities". It is a serious mistake to start repairing the affected apartment before submitting an application to the housing office about flooding the apartment, since evidence of damage will be lost.

All claims should be addressed to the particular utility with which the contract was signed. Such a procedure for filing complaints is legally based on the "Rules for the Maintenance of Common Property", which directly indicate that compensation for damage caused by utility accidents is entirely the responsibility of the service organization, and not its contractor.

A correctly drawn up sample application to the housing office is addressed specifically to the senior engineer and is countersigned by the owner of the affected apartment. All data of the victim are indicated in detail at the top of the document. The text of the complaint itself contains the following:

• the date and time period during which the accident occurred;
• the existence of the fact of fixing the incident and the nature of the damage caused;
• a detailed description of the parts in which the property was damaged;
• the essence of the application (a request for the creation of a special commission to inspect the dwelling and draw up an appropriate act, which should reflect the fact of the accident, its causes and the degree of property damage).

A competent sample application to the housing office requires strict adherence to style, regardless of its content.

This is a form of business correspondence. The whole essence of the claim contained in this paper must be presented concisely, structurally and clearly.

Form of written appeal

The application form usually contains the following details:

• the name of the management company and the name of its head;
• contact details of the applicant;
• the essence of the problem and the grounds for filing a claim;
• references to legal acts that give the submitter a reason to count on an immediate response and assistance from the public utilities;
• compiler's requirements;
• date and signature.

In the event that at the time of writing the application, the affected tenant has any documents directly related to the problem described, their copies should also be attached to the paper. The greatest effect, as shown by extensive law enforcement practice and each example of such a situation, taken separately, is the statements drawn up collectively. So, if as a result of the accident not only one apartment was damaged, but also, as a result, the dwelling located directly under it, it is best to seal the application with the signatures of all adult residents. Moreover, the legislator significantly reduces the response time to such appeals and the probability of ignoring such an application is almost zero.

The claim must be made in two copies. The first is submitted to the location of the management company, notifying it of the flooding of the apartment, sample No. 2 remains with the applicant. However, it is advisable to transfer such written claims personally, directly to the public utilities employee. At the same time, the tenant has the right to demand that the representative of the Criminal Code in his presence accept the drawn up document, confirming this fact with a note on its acceptance and fixing it in the register of incoming papers. In this case, the response time to the submitted application will be calculated from the specified date.

Refusal to accept an application

If there is a refusal of any contact on the part of the perpetrator of the incident, this fact should be reflected on the application sheet. You can do it yourself.

In the event that the accident occurred through the fault of the management company, but its employees obviously ignore all the appeals of the victim that come to them, or try to mislead him, you should proceed as follows:

• send a notice to the public utilities by means of an urgent telegram (while retaining a receipt for its dispatch);
• ensure that the act is drawn up on its own, for which purpose it is necessary to involve a qualified specialist and neighbors as witnesses (in the text of the document it must be indicated that the organization whose duties include the implementation of this event has refused to participate in it);
• after drawing up the act, you should again try to get in touch with the management company, backing up your actions with a written notice;
• invite an independent expert appraiser.

All these actions must be carried out as soon as possible. After compiling all the necessary documents and having the data of the act in hand, as well as the conclusion of a qualified specialist in the field of damage assessment, you should officially demand an appropriate response from the management company. If again a refusal follows, you can draw up a lawsuit to resolve the case in court.

The Management Company will act as a defendant in such a lawsuit.

Pre-trial actions

Cases of bringing a case to court are rare, but still take place in legal practice. The affected tenant cannot do without a qualified lawyer-representative in such a process. First of all, you should be aware that utility services and management companies, acting as defendants, as a rule, involve the most experienced lawyers in a narrow area of ​​civil law (according to the subject matter of the process). A civil representative will explain how to write a statement that really has legal weight and will protect the client as much as possible from all possible errors both in the process itself and at the stage of preparation for it.

When filing a claim, in addition to all standard documents (identity cards, documents for an apartment, checks, receipts for payment, etc.), you must have:

• application (both accepted and with a mark of refusal to accept it);
• an assessment by an independent expert with an exhaustive list of damaged property and an indication of the total and separate value of things;
• properly drawn up act on the flooding of the apartment;
• all other papers and documents directly related to the case.

In conclusion, it should be noted that all existing judicial practice regarding the consideration of such cases in courts is extremely heterogeneous and changes annually. Therefore, it is completely meaningless to predict the successful outcome of such a trial (as well as the reverse one).