THE PROBLEM OF SELECTION OF A MANAGEMENT COMPANY BY THE LOCAL GOVERNMENT AND WAYS OF ITS SOLUTION

Abstract

The article is devoted to analysis of solutions by local authorities to the problem of selection of a management company for apartment houses in which the owners of the apartments have not decided on a management method. Usually, the reason for the uncertainty in the choice of a method for managing an apartment house is a high cost of its maintenance, which excludes interest of commercial management companies in the house, as well as the reluctance of the owners to assume responsibility for the maintenance of the house when creating a householders society. The procedure of an open tender to be held by the local authority, as provided for by the current legislation for such a situation, to select a managing organization for management of an apartment house can turn into a continuous "running in circles" without achieving an end result. The refusal of the local authority to carry out an open competition is fundamentally impossible because it violates the competition law and entails the administrative responsibility of the local authorities and their officials. Solving the problem of selecting management companies, local authorities sometimes use different models of interaction with organizations serving apartment houses. But not all of these models meet the requirements of the current legislation, whereas the procedure of selecting a management company that is performed by the local authority with due regard for system interpretation and application of norms of the housing legislation is capable of solving the problem at once for a period of at least three years.