The article is devoted to the formation of an information security policy model for the management of apartment buildings using cloud information services. The problems of displaying publicly available information about the activities of organizations for the management of apartment buildings were analyzed. Some information related to personal data and trade secrets must be protected from unauthorized access. Regulatory documents for the formation of information security policy have been defined. The content of three levels of information security policy is considered. Requirements for a service level agreement (SLA) are formulated for organizing secure information exchange between an organization for managing apartment buildings and a cloud service provider.

Personal Information

trade secret

apartment house

information security policy

Information system

provider

cloud information service subscriber

1. Kolesov A. Microsoft is implementing the ISO 27018 standard for the protection of personal data. URL: http://www.pcweek.ru/security/article/detail.php?ID=171137 (access date: 01/22/2016).

2. News of the InterPARES Trust project. URL: http://rusrim.blogspot.ru/2015/02/interpares-trust_23.html (access date: 01/23/2016).

3. Review of the international standard for requirements for cloud service providers processing personal data. URL: http://rusrim.blogspot.co.uk/2015/02/blog-post_1.html (access date: 01/23/2016).

4. Popov A.A. Possible problems of managing housing and communal services in the region when using a promising unified information space formed on the basis of the concept of the Internet of things // Bulletin of scientific conferences. – 2015. – No. 2-5(2). – P.111-114.

5. Popov A.A. Determination of directions, forms and methods for the long-term development of innovative infrastructure of organizations for managing apartment buildings (homeowners' associations). – M.: Publishing house “Irisbook”, 2012. – 213 p.

6. Popov A.A. Problems of increasing the information security of cloud information services when forming an innovative IT infrastructure for an organization managing apartment buildings // Modern problems of science and education. – 2013. – No. 3; URL: http://www.science-education.ru/ru/article/view?id=9267 (date of access: 01/23/2016).

7. Popov A.A. Development of a cloud information service for the functioning of an innovative IT infrastructure of an organization for managing apartment buildings // Proceedings of the Russian Economic University. G.V. Plekhanov. – 2013. – No. 4(14). – P.92-163; URL: http://old.rea.ru/Main.aspx?page=Nomer_4__14_ (access date: 01/23/2016).

8. Federal Law of July 29, 2004 No. 98-FZ (as amended on March 12, 2014) “On Trade Secrets.”

9. FSTEC of Russia. Methodology for identifying information security threats in information systems. Project. Website. – URL: http://fstec.ru/component/attachments/download/812 (date of access: 01/23/16).

10. ISO/IEC 27017:2015 Information technology – Security techniques – Code of practice for information security controls based on ISO/IEC 27002 for cloud services. URL: http://www.iso.org/iso/home/store/catalogue_tc/catalogue_detail.htm?csnumber=43757 (access date: 01/23/2016).

Residents of apartment buildings (MKD) use one of the forms of MKD management provided for in the Housing Code. Most often, a management company (organization) is selected to manage apartment buildings. Management of apartment buildings by a management company (organization) has the following characteristic features:

1. Control of a large amount of data on all apartments and homeowners.

2. Acting as an intermediary in paying for utilities between residents and direct suppliers of certain services.

3. Control of payment of expenses.

4. Monitoring residents’ requests for this or that type of work and monitoring the progress of their implementation.

5. Control of payment for services not included in the rent amount.

6. Control of expenses within the budget approved by the residents, as well as information about the amounts collected and the existence of debts.

7. Accounting.

Thus, management companies accumulate, process, store and transmit information in various forms (electronic, physical, oral) with information about residents, namely: full name, residential address, year, month and date of birth, number of residents in the apartment, family, financial and social status of residents, profession, education and income, other information. In accordance with the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data,” all of the above information can be classified as personal data. The processing of personal data in management organizations is usually automated. Therefore, information processed in an apartment management organization may be subject to both intentional and accidental threats, while apartment management processes, information systems, computer networks, personnel of apartment management organizations, and apartment residents have vulnerabilities. Changes to business processes and systems or other external changes (such as new laws and regulations) may create new information security risks. Considering the many ways in which threats, using vulnerabilities, can harm an organization managing property management, we can conclude that information security risks are always present. Properly organized information security reduces these risks, insuring the MKD management organization from threats and vulnerabilities.

Problems of publicly displaying information about the activities of organizations managing apartment buildings

Federal Law No. 98-FZ of July 29, 2004 “On Trade Secrets” defines information related to a trade secret. In accordance with the Decree of the Government of the Russian Federation of September 23, 2010 No. 731 “On approval of the standard for information disclosure by organizations operating in the field of management of apartment buildings,” most of the information of the management company (HOA) must be disclosed for public viewing on the Internet or in paper form . The resolution provides that information can be accessed by a wide range of people, regardless of the purpose for obtaining it.

It should also be noted that on March 1, 2013, Decree of the Government of the Russian Federation of December 28, 2012 No. 1468 came into force. This Decree provides for the development of electronic passports for apartment buildings and residential buildings. In accordance with this document, electronic passports of apartment buildings and residential buildings must be generated. Some of the disclosed information from electronic passports (for example, the amount of payment for the supplied resources, the status of settlements with resource supplying organizations, etc.) relates to the economic activities of the organization for the management of apartment buildings. Also, electronic passports should disclose information about homeowners, as well as information directly characterizing the technical condition and information about the engineering infrastructure and design of apartment buildings.

Comparing the requirements of the above regulatory documents, we can conclude that the display of part of the information about the activities of an organization for managing apartment buildings in the public domain will be carried out in violation of the requirements of laws No. 152-FZ and No. 98-FZ.

In modern conditions of housing and communal services automation, various information security problems may arise (data security, data interception by an attacker, unauthorized access to data, blocking access to data). In order to eliminate information security problems of personal data of residents of apartment buildings, as well as information about the activities of the management organization related to trade secrets, it is necessary to develop an information security policy. At the same time, the policy should take into account the specifics of using modern information systems for managing apartment buildings.

Using cloud information services to manage apartment buildings

Currently, a large number of information systems and services have been developed for managing housing and communal services and apartment buildings, which can be classified into five classes (in accordance with the level of readiness of the organization for managing apartment buildings for informatization). In accordance with the fourth class of information systems, cloud technologies are used to manage apartment buildings, allowing homeowners to be included in the management loop of apartment buildings. This class allows you to monitor the status of applications in real time, pay utility bills (which has already been implemented in the third class of information systems), and call house service workers (locksmiths, plumbers, etc.). The use of cloud computing in the field of property management has been practiced abroad for several years. In Russia, at the moment, most of the existing information systems in the housing and communal services sector do not use cloud technologies and ensure the inclusion of mainly technical employees in the management loop of apartment buildings.

The state information system for housing and communal services is being actively developed (it should most likely be classified as a fourth-class information system), which will create a unified information space for housing and communal services. As a result, many organizations managing apartment buildings will be “forced” to either abandon existing information systems or integrate used information systems into a single information space.

In the case of using cloud computing in the management of apartment buildings, a number of factors immediately arise that cause information security problems. There is also an additional feature of using cloud information services - the emergence of a new actor (provider) in the management loop of apartment buildings. Therefore, the following additional problems may occur:

1. The cost of connecting to cloud information services does not correspond to the organization’s capabilities for managing apartment buildings.

2. Reluctance of subscribers of cloud information services (employees of apartment building management organizations and residents) to install the client part of the software for connecting to cloud services on their computing devices.

3. Insufficient degree of protection of information provided by subscribers in cloud information services.

4. Insufficient trust of subscribers in cloud information services. This phenomenon is evidenced by the results of a survey of various organizations in the United States. According to the results of a 2014 survey in the United States, only 5% of surveyed organizations widely use cloud information services, 55% use them limitedly, 23% - in exceptional cases, 13% - do not use them at all. Possible subscribers to cloud information services raise questions of transparency, confidentiality and control. Subscribers to cloud information services often lack information about how data transferred to the cloud is protected and processed, and what will happen if they choose to switch to another provider or if their provider goes out of business or changes its policies.

Formation of an information security policy when using cloud information services for managing apartment buildings

The information security policy of an apartment building management organization is a set of documents that define principles, rules, procedures and practices in the field of information security that help protect personal data and data related to trade secrets. Information security policies developed for cases of using information systems of the first, second and third classes for managing apartment buildings will not be able to eliminate the problems of using information systems of the fourth class.

The main documents for drawing up guidelines for creating an information security policy for the management of apartment buildings are Russian and foreign standards:

1. Standard ST RK ISO/IEC 17799-2006, as well as its improved versions ISO/IEC 27002:2005 (GOST R ISO/IEC 27002-2012) and ISO/IEC 27002:2013. These standards define the general provisions of the information security policy.

2. The ISO/IEC 27017:2015 standard regulates information security management and data protection in the case of the use of cloud technologies and at the same time uses the provisions of the ISO/IEC 27002 standard. It was planned that this standard would be released together with the ISO/IEC 27018 standard, which addresses issues of personal data protection when using cloud computing.

3. ISO/IEC 27018:2014 standard. ISO/IEC 27018 provides guidance for cloud information service providers processing personal data and suggests a number of controls and controls that providers should implement to mitigate the challenges of cloud computing. Therefore, the standard is intended to strengthen confidence in cloud information service providers (it contains recommendations for the protection of personal data and privacy in the public cloud).

The MKD management organization can establish its own information security requirements. The source for such requirements are:

Risk assessment for the ICD management organization, taking into account its business strategy and goals (threats to the information being processed are identified, vulnerabilities and the likelihood of their exploitation are determined, the potential impact is assessed)

Legislative, regulatory and contractual requirements that the management organization and the organizations interacting with it must fulfill, as well as the socio-cultural environment in which they operate;

A set of principles, objectives and business requirements that an organization has developed for managing, processing, storing, communicating and archiving information.

The security policy of an organization for managing apartment buildings is drawn up after an audit of the system by the organization’s internal forces or with the help of third-party companies. Based on the “Methodology for identifying current threats to the security of personal data during their processing in personal data information systems” FSTEC dated 05/06/2015 and the “Methodology for identifying threats to information security in information systems” FSTEC dated 05/08/2015, a threat model and an attacker model are compiled.

To compile a model of an intruder, a Methodology is used, with the help of which the type of intruder is determined, depending on access rights, the type of intruder, the potential of the intruder, and methods for implementing unauthorized actions. The attacker's model for an apartment management organization will depend on its size, the geographical location of the buildings served, the company's turnover, the information processing programs used, the method of collecting and processing information, and the availability of information.

When developing an information security policy for an organization for managing apartment buildings, three levels should be distinguished: highest, middle and lower. The highest level of information security policy is intended to:

To formulate the management of the organization for the management of MKD attitude towards information security issues and reflect the scope of the information security policy;

To develop information security policies for lower levels, as well as rules and instructions governing individual information security issues in the organization for the management of apartment buildings;

To be used as a means of informing the personnel of the organization managing apartment buildings, residents, and representatives of third-party organizations about the main tasks and priorities in the field of information security.

The average level of information security policy includes the attitude of the organization for the management of multifunctional buildings (its management) to certain aspects of the functioning of the information system (cloud information services that implement the management of multicultural buildings):

A list of information flows serving various business processes for managing apartment buildings, requirements for them (degree of importance, confidentiality of information flows, as well as reliability requirements);

Requirements for information and telecommunication technologies, information processing methods used to manage MKD;

Requirements for employees of the organization and users of the cloud information service participating in the information processing processes for managing apartment buildings.

At the lower level, the information security policy of an organization for managing property management in accordance with ISO/IEC 27002:2013 should be disclosed in policies in relevant areas, which can be implemented in the following target areas:

Data access control;

Classification of information processed in the MKD management organization;

Physical protection and protection from natural factors;

Target areas aimed at subscribers using cloud information services (proper use of data, the principle of a “clean” desk and a “clean” screen, information transfer, work with mobile devices and remote work, restrictions on the installation and use of software applications);

Backup;

Transfer of information;

Protection against malicious code and management of technical vulnerabilities;

Cryptographic methods and security of information exchange;

Confidentiality and protection of personal data;

Relations with suppliers.

All policies must be communicated to the management organization's staff, residents and relevant external parties in an adequate, accessible and understandable form.

The life cycle of an organization’s information security policy for managing property management consists of a number of main steps:

1. Analysis of the state of information security.

2. Direct development of information security policy.

3. Implementation of the developed security policies in the organization’s activities.

4. Analysis of compliance with the requirements of the developed information security policy and the formation of directions for its further improvement (transition to step No. 1).

This cycle can be repeated several times in order to improve the information security policy and eliminate identified problems in information security. The information security policy should be reviewed at planned intervals or when significant information security issues arise.

As mentioned above, the use of cloud information services adds a new participant to the management of apartment buildings - the provider. Therefore, the information security policy must be supplemented by a Service Level Agreement (SLA) between the MKD management organization and the provider. The agreement must specify the following issues regarding the organization of secure data transfer between the MKD management organization and the cloud information service provider:

1. Security of data stored by the cloud service provider (the provider is required to encrypt all non-public, personal and confidential data during its transfer from the management organization to and from the cloud for the entire duration of the contract and 90 days after its termination). To store and process information, methods and technologies should be used that should minimize the possibility of data falling into the wrong hands. Subscribers to cloud information services need to know what happens to their data (where exactly it is stored and how it moves between different resources).

2. In accordance with the standard, customers will be protected from the use of their data for advertising purposes. ISO 27018 requires subscribers to be aware of access to their information based on legitimate requests (unless the law prohibits such information). Subscribers should also be aware of cases of unauthorized access to their information, data loss and other incidents.

3. Data transferred by the organization for managing MKD to the provider must (including in accordance with amendments to Federal Law No. 152 “On Personal Data”) be stored on the territory of the Russian Federation. Backup data is also subject to this requirement. The MKD management organization has the right to request the specific location of the server on which the information will be stored and processed.

4. Data protection when transferred from the organization to the provider and back (data must always be encrypted, using time-tested protocols and encryption algorithms, undergoing integrity checks, authentication and authentication).

5. Confirmation of client authenticity (use of tokens and certificates, as well as LDAP and SAML standards for authentication of subscribers of information services).

6. Sharing access to applications between subscribers (using virtual machines and a virtual network based on standard VLAN, VPLS, VPN methods).

7. Regulatory aspects of interaction (restriction of data export, special security measures, information security audit, provision of access to data from third-party organizations only upon request).

8. The provider’s response to incidents during the operation of the cloud service (appropriate regulations must be developed and documented).

conclusions

1. In the case of using cloud information services to manage apartment buildings, the risks of unauthorized access to information that is personal data or related to trade secrets increase.

2. An approach to the formation of a three-level information security policy has been developed. At the same time, due to the lag in the development of standards for information security of cloud information services, the requirements of foreign standards must be applied to develop an information security policy.

3. In addition to the information security policy, a Service Level Agreement (SLA) must be developed between the MKD management organization and the information service provider. The requirements for the content of such an agreement are given.

Bibliographic link

Effective management of a residential building. Subbotin V.N.

M.: Eksmo, 200 8 . - 224 s. (Newest Legal Directory)

The book is devoted to a very current topic - the management of an apartment building. The publication was prepared taking into account the practical experience accumulated by specialists from different cities of the Russian Federation.

This practical guide outlines the procedure for managing a residential apartment building by a homeowners' association, housing cooperative, housing construction cooperative, management company and directly by the owners of the building's premises. The methodology and mechanism for applying each management method are also given, the organization of the management process of an apartment building is shown, and the principles of drawing up an annual management plan are considered.

The book will be useful to managers and lawyers of management organizations, specialists of housing and communal services management bodies, proactive owners of premises, other persons involved in the management of apartment buildings, students of economics and law universities.

Format: pdf/zip

Size: 6.3 MB

Download:

RGhost

CONTENT
Preface 5
To readers 7
Introduction 9
Chapter 1. Management of an apartment building: general concepts 12
1.1. The concept of an apartment building 12
1.2. Common property in apartment building 18
1.3. The right of common shared ownership of common property 27
1.4. Management concept. Goals and objectives 34
Chapter 2. Organization of choosing a method of managing apartment buildings 39
2.1. General provisions 39
2.2. Choosing a method for managing an apartment building by premises owners 40
2.3. Choosing a method of managing a local government 49
2.4. Transfer of houses for management to owners or their authorized persons 62
Chapter 3. Methods of managing an apartment building. 71
3.1. Direct control 71
3.1.1. General characteristics of direct control 71
3.1.2. Preparation for direct management 73
3.1.3. Implementation of direct control 74
3.1.4. Management process 74
3.1.5. Provision of housing services 74
3.1.6. Provision of utilities 80
3.2. Management of residential buildings by homeowners' associations, residential complexes, housing cooperatives 82
3.2.1. General characteristics of method 82
3.2.2. Preparation for managing an apartment building through the creation of an HOA 86
3.2.3. Management process 89
3.2.4. Providing housing and communal services. . 94
3.3. Management of apartment buildings by a management organization 97
3.3.1. General characteristics of the home control method 97
3.3.2. Selecting a management organization 98
3.3.3. Management Contract 101
3.3.4. Activities of the management organization for the management of an apartment building 103
3.4. Comparative characteristics of methods of managing an apartment building 106
Chapter 4. Organization of the management process of an apartment building 110
4.1. Annual management plan for an apartment building. ... 110
4.2. Provision of housing services 130
4.3. Financing by local governments of capital repairs of an apartment building 143
4.4. Provision of public services 157
4.5. Quality control of housing and communal services 165
4.6. Organization of information work in the management of an apartment building 170
4.7. Working with defaulters 188

NP “National Center for Public Control in the Housing and Communal Services Sphere “Housing and Communal Services Control” has compiled a rating of problems in the field of housing and communal services for the first quarter of 2016. The rating was formed based on the results of citizens’ requests to public reception centers operating in 72 constituent entities of the Russian Federation. In total, 8,644 people applied to these reception centers in the first quarter.

Executive Director of NP "ZhKHKH Kontrol" Svetlana Razvorotneva:
— Over the year, certain changes have occurred in the housing and communal services sector. The most important thing is that the intensity of passions around the topic of major repairs is decreasing. The percentage of people who responded to this topic fell by more than 5% over the year, and the topic itself moved from 2nd place in the first quarter of 2015 to 5th place in 2016. The number of requests on the topic of “charging fees for housing and communal services” also decreased significantly (by 8.5%), although this topic itself invariably took first place in the ranking in 2015 and at the beginning of 2016. The percentage of requests on the topic “quality of communal resources” has seriously increased, although, in our opinion, this fact is due to seasonal factors and is associated mainly with the problems of the 2015-2016 heating season (in the fourth quarter of 2015, the topic of quality of communal resources was on the first place). The number of requests regarding the management of apartment buildings has increased slightly. At the same time, the topic “management of apartment buildings” invariably occupied 3rd place in both 2015 and 2016, and “unsatisfactory condition of apartment buildings” moved from 5th to 4th place. All this, in my opinion, suggests that the licensing institute, which began operating on May 1, 2015, has not yet brought the expected results.”

What worries Russian citizens most in the housing and communal services sector based on the results of the first quarter of 2016?

I. Calculation of fees for housing and communal services includes the following problems:
problems with charging for housing and communal services;
recalculations;
generation of payment documents;
additional payments;
including problems with charging for utilities consumed for general household needs - 662 complaints (7.7% of the total volume).
II. Unsatisfactory quality of provided utilities
III. Management of MKD includes the following problems:
management of apartment buildings (problem of double payment documents);
the legality of the actions of homeowners' associations, housing cooperatives, management organizations (including issues related to financial and economic activities);
disclosure of information by management organizations;
licensing of activities for the management of apartment buildings - 129 applications (1.5% of the total volume)
holding general meetings of owners - 236 requests (2.7% of the total volume):
— problems during implementation;
— problems of execution of decisions made
- and others.
IV. The unsatisfactory condition of the MKD includes the following problems:
improper provision of services for the maintenance and ongoing repairs of apartment buildings.
V. Major repairs include the following problems:
timing of major repairs;
quality of major repairs;
the amount of contribution for major repairs;
lack of information about regional capital repair programs.
VI. Unsatisfactory landscaping of the local area
VII. Problems associated with individual and communal metering devices include the following issues:
acquisitions;
installations;
operation.
VIII. Emergency and dilapidated housing includes the following problems:
with the recognition of apartment buildings as unsafe;
with the timing of relocation;
with the quality of newly constructed apartment buildings.
IX. Complaints about the actions and inactions of authorized state authorities and local governments affecting the observance of the rights and legitimate interests of citizens in the field of housing and communal services;
X. Other topics include the following issues:
use of common property of an apartment building;
social hiring;
corruption component;
other.

Housing and communal services of Russia (HCS of Russia) - occupies a key place among the intersectoral economic complexes of Russia and plays a significant role in their formation. According to the Ministry of Regional Development of Russia, housing and communal services account for 26 percent of the country's fixed assets and more than 20 percent of energy resource consumption. The functions of housing and communal services are to maintain the required operational characteristics of the housing stock and the operation of the engineering infrastructure of settlements. The successful development of the housing and communal services sector in Russia determines the effective functioning of the main economic sectors at the regional level of the country, which is likely when developing strategic directions and mechanisms for its development for the future. However, the structure of housing and communal services today has serious difficulties, one of which is the high degree of depreciation of fixed assets. Since the beginning of economic reforms in Russia in the 1990s, investment in fixed assets has been sharply reduced. During the period of market relations, the state ceased to be the main participant in the housing market. After privatization and a decrease in real incomes of the population, for 20 years the living conditions of citizens have not improved, and for the majority of the population they have significantly deteriorated not only quantitatively, but also qualitatively. On average, each resident today has about 20 m2. For comparison, in Eastern European countries - 35 m2, in France - 43, in Germany - 50, in the USA and Canada - 70 and 75 m2 - in Scandinavian countries. In 2013, the total housing stock of the Russian Federation was 3.3 billion square meters. Of these, at least 100 million square meters were in emergency and dilapidated housing. As of early 2013, there were more than 1.6 million apartment buildings in the country that were between 30 and 65 percent depreciated. They are home to about 45 million people - almost a third of the total population of Russia. At the same time, the total volume of housing stock with a degree of wear and tear of more than 66 percent is 56.9 million square meters. The current housing legislation entrusts the owners of premises with the responsibility of managing apartment buildings (hereinafter - MKD), maintaining and repairing not only their apartments (premises), but also the common property in the house, as well as timely payment of utilities and housing services. Thanks to the implementation of the provisions of the Housing Code of the Russian Federation and the Federal Law of July 21, 2007 No. 185-FZ - On the Fund for Assistance to the Reform of Housing and Communal Services, conditions have been created for the formation and development of market relations in the field of management of apartment buildings and the provision of utility services, through management organizations (MA) , homeowners' associations (HOA) and housing construction cooperatives (HCS). As of July 1, 2015, according to the Fund for Assistance to the Reform of Housing and Communal Services, the share of the area of ​​apartment buildings in which the owners of the premises have chosen and implemented one of the management methods was about 97%. In this case, priority is given to management organizations. The share of the area of ​​apartment buildings managed by management agencies is about 70 percent. More than 11 thousand MAs have been created, of which more than 80 percent are commercial organizations. 23 percent of the area of ​​apartment buildings is managed by associations of owners; these are homeowners' associations (HOAs) and housing-construction cooperatives (HBCs). The most problematic are the management structures, they were created on the basis of the old housing and communal services structure, which, with the transition to a market mechanism of relations, is not effective, since in fact the same structures began to manage the housing stock as before, although the relationship between homeowners and the management structure took on a contractual nature . In the market mechanism, in contrast to planned economic management, instead of one owner represented by the state, a community of numerous owners and a community of managers with very different goals have been formed, the former strive to obtain maximum benefit, and the latter - the quality of the services provided. In our opinion, the interests of managers are “winning” so far. Growth rates for utilities in the second half of the 2000s. exceeded the growth rate of prices for housing services, especially tariffs increased in 2009 by an average of 23% (with a general inflation rate of 8.8%). According to experts, Russians, since 2000, have been paying 13 times more for housing and communal services compared to 1991. According to Rosstat, housing and communal services tariffs in Russia jumped by 7.1 percent in July 2015. The constant rise in tariff prices poses a threat to ensuring the affordability of housing and communal services for the population. As of 2015, according to the Central Federal District, 35 percent of residents do not pay for utilities due to financial problems. In order to somehow contain the rise in tariff prices, the Housing and Communal Sector Reform Assistance Fund introduced measures within the framework of the Federal Target Program “Comprehensive Program for the Modernization and Reform of Housing and Communal Sectors for 2010-2020.” For example, the compensation (subsidies) project is working effectively - targeted social assistance to pay for housing and utilities for citizens with low incomes. However, the trend towards rising tariffs with the same quality of services provided in the housing and communal services sector continues. This may be due to subjective reasons that developed in the pre-market period with the costly economic structure of maintaining the housing stock and the administrative management system. Improving the quality of services provided and control over the pricing policy of housing and communal services is possible only by consolidating the efforts of government agencies, private business and consumers. Homeowners must directly participate in determining the main areas for spending funds and monitoring the quality of utility services. The most appropriate form for this activity is the HOA. An HOA within the boundaries of a single real estate complex is today one of the effective ways to protect the rights of homeowners and organize the management of an apartment building with different owners of individual premises. An HOA is one of the forms of local self-government that allows an initiative group to solve problems and allows a wide range of interested parties to take part in solving issues of the functioning of the house. Currently, 77 percent of housing has been privatized and only 7 percent of this volume has been united into homeowners' associations. Private management companies service the homes of 12 million citizens, or about 8 percent of the country's population. In our opinion, the growth of homeowners' associations will lead to demonopolization of the industry and, accordingly, to the regulation of tariffs, which in itself is a significant factor in stabilizing inflation. Thus, the way out of this situation lies through increasing the role of the state in the management of housing and communal services and turning the latter into one of the testing grounds for the modernization of the national economy. And through the development of public self-government, which will ensure the participation of homeowners in management, in determining the main directions for spending funds on maintenance and repairs, quality control of utilities and repairs and maintenance of the housing stock.

As practice has shown, the choice of method for managing an apartment building is influenced by a number of subjective factors: technical features and condition of the object, the mentality of the owners, the level of development of market relations in the local housing sector. In different cities and regions, preferences are given to different forms of management of apartment buildings, which is also largely influenced by the number of floors and building density.

Currently, on the territory of the municipal formation “City of Vologda” there are about 3 thousand apartment buildings with a total area of ​​6,957 thousand sq.m.

More than 64% of them have served longer than 25 years and require major repairs.

As part of the major repair work carried out, the largest share is occupied by work on the repair of elevator equipment.

Another problem of the housing stock is dilapidated housing. The demolition of dilapidated housing in the city of Vologda is carried out by the department for organizing the maintenance and major repairs of municipal housing stock of the Department of Urban Planning and Infrastructure of the Vologda City Administration as part of the implementation of the Federal Law of July 21, 2007 No. 185-FZ “On the Fund for Assistance to the Reform of Housing and Communal Services” according to the approved List.

The list of the “city of Vologda” includes data on 84 Managing organizations, 182 HOAs and 27 housing cooperatives, serving 2,506 houses with a total area of ​​6,919,661 sq.m., in which 180,849 people live.

In most regions, the largest number of apartment buildings have chosen the direct method of management. But if you measure indicators not in the number of buildings, but in areas, management companies often come in first place.

Problems of managing apartment buildings

As is known, the Housing Code of the Russian Federation, introduced in 2005 by Federal Law 189-FZ “On the Enactment of the Housing Code of the Russian Federation,” significantly changed the management system of the housing stock in general and apartment buildings in particular. He proposed new approaches to regulating social relations that arise between the owners of premises in an apartment building regarding their common property.

The main thing is that an exhaustive list of types of residential premises - objects of housing rights - was determined. The legal regime of the common property of premises owners in an apartment building, the procedure for owning, using and disposing of it are regulated in detail. The methods and bodies for managing an apartment building and the procedure for coordinating the will of the owners of the premises have been determined. Both external contractual and internal representative relations were reflected in the implementation of management activities.

In fairness, it must be admitted that the LC is replete with innovations that fill previously existing legal voids, and contains obvious achievements. However, not everything is so smooth, since you don’t need to be a major specialist to see the obvious: most of the progressive norms adopted at first glance have not worked fully.

Owners of premises in apartment buildings, despite the obligations assigned to them by the Housing Code, have today taken a very restrained position regarding their participation in the management of the building. Their lack of enthusiasm for self-organization is motivated by distrust and serious concerns; they believe that the authorities are still disingenuous when they present the process of transferring to the owners of premises the right to manage the entire complex of real estate (formed on the basis of their apartment building) as a great blessing. The only thing that guided them was the desire to quickly get rid of the extremely dilapidated housing stock that was weighing heavily on the state. This suspicion, unfortunately, is partly confirmed by the current norms of housing legislation.

The Housing Code no longer contains the concept of “housing stock management” and the state’s responsibilities associated with such management. Apparently, the legislator considered it possible to replace it with the management of an apartment building, the implementation of which is entrusted to the owners of the premises. Meanwhile, it would be naive to believe that by transferring the management of individual apartment buildings to the owners of the premises, in one fell swoop one can solve all the existing problems and relieve oneself of responsibility for the state of affairs in this area. The state, as before, in addition to regulation and control, must provide assistance in the creation, maintenance, operation and development of the housing stock.

The creation in 2007, on the basis of Federal Law N 185-FZ dated July 21, 2007, of the state non-profit corporation “Fund for Assistance to the Reform of Housing and Communal Services” with a capital of 240 billion rubles, intended for the “reanimation” of dilapidated housing stock, was a serious step in the right direction. However, in order to provide financial assistance, the Law on the Fund (Article 14) provides for a long list of difficult conditions, designed, in the opinion of the legislator, to simultaneously solve, along with restoration measures, organizational problems in the housing and communal services sector, namely, to encourage owners to create HOAs en masse.

In addition, by ordering the owners of premises to manage their apartment building, housing legislation establishes that such management must ensure favorable and safe living conditions for citizens (Part 1 of Article 161 of the Housing Code of the Russian Federation). It seems that such requirements for the owner and the management carried out by him are not entirely acceptable, since in accordance with Article 1 of the Federal Law “On the Sanitary and Epidemiological Welfare of the Population”, the concept of “favorable conditions” means the state of the environment in which there is no harmful impact of its factors per person, and by “security” is a state of protection of the vital interests of the individual and society from all threats. Obviously, neither one nor the other can be fully provided by the owners of premises in an apartment building. Moreover, assigning such responsibilities to them is a direct substitute for the competence of numerous government bodies directly charged with ensuring favorable and safe living conditions for citizens, as provided for in Articles 5 and 6 of the Federal Law “On the Sanitary and Epidemiological Welfare of the Population.”

Most apartment owners, even today, know little about the scope of their rights, much less about the possibilities and necessity of participating in the management of an apartment building. It also failed to create a competitive market for services offered by management organizations, which is extremely necessary for the success of housing and communal reforms.

Alas, almost every apartment building (with the exception of elite buildings) is represented by owners with disproportionate levels of wealth. Some, who make up the majority, received as a result of privatization the ownership of premises occupied by them under a social tenancy agreement, and have difficulty paying for utilities, others purchased an apartment in the same building, and can afford additional costs for the development and improvement of the local area. The existence of such social and property inequality also negatively affects the process of self-organization and development of agreed decisions by the owners of premises in one apartment building.

Many provisions of housing standards, regulating various issues of managing an apartment building, do not take into account, and often neglect, the interests of the owners. Thus, the legal status of the general meeting of owners of premises in an apartment building, the procedure for making decisions by the general meeting, as well as the mechanism for appealing them, leaves a very ambiguous impression.