Tovarishestvo homeowners (hereinafter: Management company HOA) with shared ownership block of flats concluded this agreement as follows:
1.1. The management company undertakes within the limits established by this agreement, to perform maintenance of utility systems of General purpose, situated within the boundaries of operational responsibility of the Management company, as well as to maintain and repair the system of electricity, gas, water supply and drainage of residential houses and hotels in Novosibirsk in the center. In addition, the Management company carries out the protection of the territory of the village, cleaned the streets and roads of snow and debris, and also provides certain activities aimed at development of infrastructure of the residential complex, and the Owner agrees to pay for services in proportion to the square located on the territory of the village and owned the residential complex (including belonging to the right of common ownership), transfer the utility bills and to compensate the Management company in cases provided for expenses incurred by her in accordance with the estimates for execution of certain works.
1.2. In the area of operational responsibility of the Management company are utilities of General use to the connecting lugs of the metering devices. Communications located within the boundaries of land parcels and operated by the owners, maintained by the Management company on the basis of compensation the Owner the cost of the materials used. When connecting to engineering networks, the Owner agrees to install meters the consumption of electricity, gas and water.
1.3. The owner owns the following property on the territory of the cottage settlement:
- the individual apartment house;
2. The rights and obligations of the parties
2.1. The management company (HOA) is required:
2.1.1. To carry out maintenance, maintenance and emergency repair of engineering networks and systems of General use, located in the area of operational responsibility of the Management company.
2.1.2. To carry out preventive examinations and current repairs of communication engineering systems of houses.
2.1.3. To carry out the current maintenance of public roads.
2.1.4. When connecting to the engineering networks of residential houses, to provide pass of the utility resources (electricity, gas, water and wastewater).
2.1.5. To organize the protection of the territory and to ensure the control system. To this end, the Management company undertakes to install and maintain in proper condition the gate, guardhouse and temporary fencing around the perimeter of the cottage settlement.
2.1.6. To ensure lighting of the area in the dark, including to carry out maintenance programs for sst Secure Shuttle Transport
2.1.7. To carry out seasonal treatment against ticks areas.
2.1.8. Perform cleaning of public areas, as well as snow removal and garbage (except construction).
2.1.9. To keep in good condition of the lawns and green plantings in the common areas.
2.1.10. To equip and maintain in proper condition of the place for placing garbage containers. Containers should be located near the entrance gate for each plot. With the consent of the neighbours, the container can be mounted on a common platform for garbage collection.The equipment is supplied by the Management company at the expense of the Owner. At the same time, the waste containers used by the owners, shall be fitted with a lid and provide for the possibility of mechanical harvesting. In addition, the containers must be the same type and not break the overall appearance of the village.
2.1.11. To buy and contain machinery, tools and farm implements necessary to perform Management company's obligations under this agreement;
2.1.12. Contain the staff necessary for the performance of the Management company of the services under this agreement. br>
2.2. The management company has the right to:
2.2.1. To determine the technology of performance of works on maintenance and operation apartments by the day in Novosibirsk and associate them with areas.
2.2.2. To take measures to detect and prevent unauthorized and other unlawful construction and reconstruction, including, and in gross violation of approved projects, and to prevent the seizure of territories in common.
2.2.3. To engage to perform work under this contract to third parties.
2.2.4. For a fee to provide services not covered by this agreement.
2.3. The owner is obliged:
2.3.1. Timely pay for the consumed municipal resources and services of the Management company hereunder.
2.3.2. To contain the metering devices of energy resources and to comply with the rules of operation of engineering networks located within the boundaries of operational responsibility of the Owner. If necessary to carry out the replacement and overhaul of components and assemblies in-house engineering devices.
2.3.3. Agree on the issues related to demolition of green plantings on the individual land plot, with the Management company and the local authorities.
2.3.4.During construction and operation to comply with the relevant legal and technical standards established by the legislation on capital construction, not to disturb the red line of the building. During construction works on the site to respect the rights and legally protected interests of others. to Ensure that during construction and operation of constructed facilities is the cleaning of the site and adjacent to the fence of the territory, to mow the grass at a distance of 1 meter on the outer perimeter of the fence protecting the individual plot. Household garbage and food waste to be stored only in specially approved containers. To build a fenced side perimeter, if the boundary of the site coincides with the boundary of the village.
2.3.5. To complete the construction of a residential building, provide photos in Novosibirsk (real estate) for 3 years from the date of commissioning of the communications of the village (gas, electricity, water, Sewerage).
2.3.6. Promptly notify the Management company about all the accidents and faults of the systems of electricity, gas, water supply and sanitation.
2.3.7. Coordinate with the Management company the location and types of equipment of gas, electricity and water and to install these devices before the actual start of consumption of municipal resources.
2.3.8. To provide access of representatives of the Management company and the specialized organizations belonging to the Owner of the premises to conduct inspections of utilities and metering.
2.4. The owner has the right to:
2.4.1. To obtain, subject to due compliance with the agreement and full payment for the services of a Management company, an equal footing with other owners and unhindered access to the results of works and services rendered by the Management company and the equal and unhindered access to apartments for rent in Novosibirsk, supplied by the Management company and necessary for the normal functioning of real estate of the Owner.
2.4.2. To require from the Management company performance of obligations under this agreement.
3. The cost of services of the Management company and the payment procedure
3.1. The price of services of the Management company are among the cheapest on the market gradualist for payment arises at the moment of signing of this agreement.
3.2. The magnitude of the payment is calculated, the contractual nature and is determined based on the volume of work carried out by the Management company, subject to the size belonging to the Owner of the property complex. As we expand the range of services provided and work performed, their value is subject to adjustment.
3.3. Supply utilities (gas, electricity, water, etc.) necessary for the sustenance of the household of the Owner, are paid separately according to meter indications, and in their absence - by calculation.
3.4. Payment for utilities supply to the common areas are cleaned by the Owner separately on the basis of the calculation, in proportion to the area owned by the Owner of land, including that belonging to the right of common ownership.
3.5. Work on the overhaul and elimination of consequences of accidents and breakdowns in the communication, if such failure was the result of gross violations of the Owner of the established rules of operation, are not included in the cost of the services under this agreement.
3.6. Payment of services under this contract is made by transfer to the settlement account or in cash to the Management company monthly in advance with payment no later than 5 th of the paid month. The fact of payment is a fact of receipt of money resources on the settlement account or in cash Management company.
3.7. Payment for communal resources is made according to the tariffs of the power supplying organisations and is payable on the settlement account or in cash to the Management company monthly in advance with payment no later than 5 th of the paid month. No later than the 5th day of the month following the paid, the Management company is obliged to recalculate based on the actual resources consumed by the Owner. If necessary, the Owner agrees to pay for the actually consumed resources not later than the 10th day of the month following the paid.
3.8. In case of increase of cost of services for housing office provided by third parties, the Management company produces a proportionate increase in the cost of services under this agreement.
3.9. The change in the cost of services of the Management company and the procedure of payments under this agreement shall be governed by written notice to the Owner, including by means of a letter to the address of the Owner, and placing ads in the village. The cost of services changed after 5 days from the date of such notice to the Owner.
3.10. The increase in the cost of services of a Management company of more than 5 % in any one calendar year is only possible by agreement of the parties.
4. Responsibilities of the parties
4.1. For failure or improper fulfillment of the present contract the parties bear responsibility in accordance with applicable law and this agreement.
4.2. The management company is responsible for the quality of the work and services rendered.
4.3. The owner is responsible for the timeliness of payments, observance of the project construction and operating procedures, both General and owned by the Owner of the property.
4.4. In case of violation of terms of payment under this agreement, the Owner shall pay the Management company a penalty of 0.1% of the outstanding amount for each day of delay.
4.5. In case of violation of terms of payment under this Agreement more than 30 (thirty) calendar days, the Management company shall be entitled to disconnect the real estate objects (buildings, structures, constructions) located on the site of the Owner, from the utilities of the village to eliminate the owner of the debt, including liquidated damages.
4.6. When the owner of the violation of the rules of operation of engineering networks, resulting in damage to property the Management company or other persons, the Owner agrees to fully compensate the amount of damage, and if necessary, repair the damaged property within ten days from the issuing of the appropriate requirements are strictly for the village demjansk.
4.7. In the case of deviations from the Owner approved project construction of a residential building, the Management company may use the operational-economic sanctions in the form off a residential building and land plot from the supply of communal resources. The management company is not responsible for failures and malfunctions in work of external systems of electricity, water and gas.
4.9. The management company is not responsible for violations in the operation of engineering communications and equipment located on the territory of the village in case of accidents, and also at carrying out preventive maintenance and repair etc. works by specialized companies.
5. The circumstances of insuperable force (force majeure)
5.1. The parties are relieved from responsibility for partial or complete failure to fulfill obligations hereunder if it was caused by action of force majeure, ie extraordinary and unavoidable under the given circumstances: natural disaster events (earthquakes, floods, etc.), external objective factors (military action) for the duration of these circumstances, if these circumstances directly affect the execution of this agreement.
5.2. The party which has created the impossibility of performance of obligations hereunder, shall immediately notify the other party of the occurrence and cessation of the above circumstances. Proper confirmation of the existence of the above circumstances and their duration shall be officially certified by the certificate from relevant government agencies. For the period of validity of force majeure circumstances lasting up to 1 (one) month of the term of this agreement shall be suspended.
5.3. The responsibility to prove force majeure lies with the party not in default. If the force majeure lasts for more than 1 (one) month, this agreement may be terminated unilaterally at the initiative of either party on the expiry of 15 (fifteen) calendar days from the date of receipt by the other party of notice of early termination of the agreement.
6. Final provisions
6.1. The agreement shall enter into force on the date of its signing by the Parties and is valid for one year. In the absence of either party on termination of the contract, changing its terms, the agreement is considered extended on the same terms the following year.
6.2. This contract is subject to early termination in the event of alienation by the Owner of apartment for rent pursuant to clause 1.3. The new land owner becomes a successor Owner under this agreement. The owner shall notify the Management company of held deal.
6.3. Disputes between the parties shall be resolved in accordance with the law.
6.4. The contract is made in 2 copies having equal legal force.
6.5. This agreement is confidential.