1. The owner of a premise in an apartment building is obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining common property in an apartment building in proportion to his share in the right of common ownership of this property by making a payment for the maintenance of the residential premises, contributions for major repairs ... Payment of additional contributions intended to finance the costs of capital repairs of common property in an apartment building is carried out by the owners of premises in an apartment building in the case provided for in part 1.1 of this article.
1.1. If the owners of premises in an apartment building, which form a capital repair fund on the account of a regional operator, make a decision to carry out capital repairs of common property in an apartment building and at the same time it is impossible to use the capital repair fund funds to finance services and (or) capital repairs, provided by the adopted decision of the owners of premises in an apartment building, within the time specified by the adopted decision, the owners of premises in this house have the right to make a decision at a general meeting of owners of premises in this house on an additional contribution to pay for the specified services and (or) work and the procedure for its payment. At the same time, the payment of such payments cannot begin earlier than three calendar months before the deadline for the performance of the specified services and (or) work stipulated by the contract. The use of funds generated from additional contributions is carried out in the manner prescribed by the decision of the general meeting of owners of premises in an apartment building.
2. Expenses for major repairs of common property in an apartment building shall be financed from the capital repair fund and other sources not prohibited by law.
3. The obligation to pay the costs of capital repairs of an apartment building applies to all owners of premises in this building from the moment the ownership of the premises in this building arises. When the ownership of the premises in an apartment building is transferred to the new owner, the obligation of the previous owner to pay the costs of capital repairs of the apartment building, including the obligation not fulfilled by the previous owner to pay contributions for capital repairs, is transferred to the new owner.
4. If the owners of premises in an apartment building at their general meeting did not decide to establish the amount of payment for the maintenance of a residential premises, this amount is established by the local government body (in the constituent entities of the Russian Federation - cities of federal significance Moscow, St. Petersburg and Sevastopol - by a government body of the corresponding constituent entity of the Russian Federation, unless the law of the corresponding constituent entity of the Russian Federation establishes that these powers are exercised by local self-government bodies of intracity municipalities).
1. The owner of a premise in an apartment building is obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining common property in an apartment building in proportion to his share in the right of common ownership of this property by making a payment for the maintenance of the residential premises, contributions for major repairs ... Payment of additional contributions intended to finance the costs of capital repairs of common property in an apartment building is carried out by the owners of premises in an apartment building in the case provided for in part 1.1 of this article.
1.1. If the owners of premises in an apartment building, which form a capital repair fund on the account of a regional operator, make a decision to carry out capital repairs of common property in an apartment building and at the same time it is impossible to use the capital repair fund funds to finance services and (or) capital repairs, provided by the adopted decision of the owners of premises in an apartment building, within the time specified by the adopted decision, the owners of premises in this house have the right to make a decision at a general meeting of owners of premises in this house on an additional contribution to pay for the specified services and (or) work and the procedure for its payment. At the same time, the payment of such payments cannot begin earlier than three calendar months before the deadline for the performance of the specified services and (or) work stipulated by the contract. The use of funds generated from additional contributions is carried out in the manner prescribed by the decision of the general meeting of owners of premises in an apartment building.
2. Expenses for major repairs of common property in an apartment building shall be financed from the capital repair fund and other sources not prohibited by law.
3. The obligation to pay the costs of capital repairs of an apartment building applies to all owners of premises in this building from the moment the ownership of the premises in this building arises. When the ownership of the premises in an apartment building is transferred to the new owner, the obligation of the previous owner to pay the costs of capital repairs of the apartment building, including the obligation not fulfilled by the previous owner to pay contributions for capital repairs, is transferred to the new owner.
4. If the owners of premises in an apartment building at their general meeting did not decide to establish the amount of payment for the maintenance of a residential premises, this amount is established by the local government body (in the constituent entities of the Russian Federation - cities of federal significance Moscow, St. Petersburg and Sevastopol - by a government body of the corresponding constituent entity of the Russian Federation, unless the law of the corresponding constituent entity of the Russian Federation establishes that these powers are exercised by local self-government bodies of intracity municipalities).
Many believe that if the meeting has not decided on the amount of payment for SIR, then the TARIFF set by local governments is taken, however, intended for a completely different category of houses (which did not choose the method of management)
In fact, the law does not indicate the application of TARIFFS, but the establishment of the SIZE
Size - a purely individualized size - for every home OWN
I recently received a letter - Help! I answer - describe to me the Resolution. In response: OK, I am sending you the Resolution. I hammer mine - I know without ironing what is written in the cap. It is necessary to read it ... It is very difficult - to read it ... I learned to penetrate into the meaning of bureaucratic texts by describing them. I suggest -describe. - In response- Why will I describe it? - Patiently I’ll bend my own - as soon as you try to describe with your fingers, IMMEDIATELY SEE that it doesn’t concern you ... There are TARIFFS for the category (for a group) of houses ... Well, what can I say, the dialogue lasted 10 days. Describe - not in any ... Then - as is often the case - disappearance. Got it - it's better to lose some 60 thousand than to spend 10 minutes on comprehending the meaning of what was written
Six months ago - there is a suspicion that it was read - the Deputy Director of the Department wrote a LETTER about the same
So spell again
If the owners at their meeting DIDN'T MAKE A DECISION on the AMOUNT OF THE PAYMENT
then intervenes in the situation of the local government organization
HE CONDUCTS A COMPETITION
vwithin the bankruptcy proceedings, the SIZE of the PAYMENT is assigned
and sodocument of the Ministry of Construction and Housing and Communal Services about this
MINISTRY OF CONSTRUCTION AND HOUSING AND UTILITIES
FACILITIES OF THE RUSSIAN FEDERATION
LETTER
(Extract)
Such an approach will fully take into account the structural elements of each apartment building, the presence and composition of intra-building engineering systems, the presence of a land plot on which the apartment building is located, elements of landscaping and improvement, as well as other objects intended for the maintenance and operation of this apartment building, geodetic and the natural and climatic conditions of the location of the apartment building, which ultimately will properly affect the quality of service in the apartment building, in accordance with the legal requirements of the owners of the premises of this building.
In the event that local authorities establish the amount of payment for the maintenance and repair of residential premises for the owners of premises based on the groups of apartment buildings, such a fee may not take into account the peculiarities of a particular apartment building.
In the event that local governments establish the amount of payment for the maintenance and repair of residential premises for the owners of premises based on the necessary services established in the amount of not less than the minimum list, this amount of payment is more cost-effective in management for each apartment building.
Based on the foregoing, as well as in order to implement paragraph 35 of Rules N 491, we believe it is possible, when local governments establish in accordance with part 4 of Article 158 of the RF LC, the owners of the premises of apartment buildings of the amount of payment for the maintenance and repair of common property, use the approach to establish such a payment based on from specific types of services and works established by the owners of premises, taking into account the provisions of Regulation N 491, the Minimum List and other regulatory legal acts establishing requirements for the maintenance of the common property of owners of premises (including sanitary and epidemiological welfare of the population, technical regulation, protection of consumer rights ).
Deputy Director of the Department
housing and communal services
The norms of Art. 158 are new to federal housing laws. There was no special regulation regarding these relations in the JK 1983 and Fundamentals.
1. Part 1 of the commented article specifies the obligations of the owners of residential premises established in Art. 30 of the Code, in relation to the owners of premises in an apartment building and determines the structure of their costs, establishes the criteria for determining these costs, as well as the form of their payment.
- management of an apartment building (for the management of apartment buildings, see section VIII of the Code),
- maintenance, current and major repairs of common property in an apartment building (see Art. Art. 39, 43; on the structure of payment for a dwelling, see Art. 154 of the Code).
The owner of the premises in an apartment building can be a Russian or foreign citizen, a stateless person, a legal entity, the Russian Federation, a constituent entity of the Russian Federation or a municipal entity. Such premises may belong to several persons on the basis of the right of common ownership.
The owner of the premises in an apartment building shall bear the burden of maintaining and repairing the premises belonging to him and the maintenance of the common property of the owners of premises in such a house, and the owner of a room in a communal apartment - also the burden of maintaining the common property of owners of rooms in such an apartment, unless otherwise provided by federal law or by an agreement (on the common property of owners of premises in an apartment building, determination of shares in ownership of such property, common property of owners of rooms in a communal apartment and determination of shares in ownership of such property, see Articles 36, 37, 41, 42 Of the Code).
The share of compulsory expenses for the maintenance of common property in an apartment building, the burden of which is borne by the owner of the premises in such a building, is determined by the share in the common ownership right to the common property in such a building by the specified owner.
The share of compulsory expenses for the maintenance of common property in a communal apartment, the burden of which is borne by the owner of the room in this apartment, is determined by the share in the common ownership right to the common property in this apartment by the specified owner.
The list of works related to the current repair of the common property of residential buildings and paid for through payment for housing repairs, in relation to multi-apartment residential buildings in which an association of owners has not been created, was approved by the Decree of the Government of the Russian Federation of July 30, 2004 N 392. See also the Rules of Payment by Citizens housing and utilities, approved by the said Resolution.
2. Part 2 of Art. 158 of the Code assigns to the competence of the general meeting of owners of premises in an apartment building the decision to pay the costs of capital repairs of this building and introduces the conditions for making the named decision, thereby complementing the open list of issues falling within the competence of the management body of an apartment building. According to Art. 44 of the Code, the repair of common property in an apartment building belongs to the competence of the general meeting of owners of premises in such a building. The general meeting of owners of premises in an apartment building is held in accordance with the procedure established by Art. Art. 45 - 48 of the Code.
According to Part 7 of Art. 156 of the Code, in an apartment building in which an association of homeowners or a housing cooperative or other specialized consumer cooperative has not been created, the amount of payment for the maintenance and repair of a residential premises is determined taking into account the proposals of the managing organization and is set for a period of at least one year. The commented article specifies this rule in relation to the payment of overhaul costs and contains an open list of issues related to the conditions for overhaul, which should be agreed with the managing organization and taken into account when making decisions on the payment of such costs.
The managing organization, within the terms and on the conditions specified in the management contract, ensures the maintenance and repair of residential buildings in accordance with the requirements for residential buildings established by technical regulations.
The mandatory conditions that are reflected in the management agreement for an apartment building concluded between the management organization and the owners of premises in an apartment building, the management bodies of a homeowners' partnership or the management bodies of a housing cooperative or management bodies of another specialized consumer cooperative are, in particular, a list of services and works on maintenance and repair of common property in an apartment building, the procedure for changing such a list; the procedure for determining the price of the contract, the amount of payment for the maintenance and repair of residential premises, as well as the procedure for making such a fee.
It seems that the relations arising in connection with the direct management of an apartment building by the owners of the premises themselves, the action of Part 2 of Art. 158 of the Code should not be extended (the wording "taking into account the proposals of the managing organization" limits the application of this norm). For the direct management of an apartment building by the owners of premises in such a building, see Art. 164 of the Code.
Lists of types of work on current and major repairs, in particular, work carried out at the expense of funds intended for capital repairs of the housing stock, contain the Rules and norms for the technical operation of the housing stock, approved by the Resolution of the State Construction Committee of the Russian Federation of September 27, 2003 N 170.
It should be noted that in order to create conditions for the management of apartment buildings, local governments can provide management organizations, homeowners' associations or housing cooperatives or other specialized consumer cooperatives with budget funds for the overhaul of apartment buildings.
3. The norms of Part 3 of the commented article concretize the general rule according to which the obligation to pay for residential premises and utilities from the owner of residential premises arises from the moment the ownership of the residential premises arises. The overhaul fee is part of the fee paid by the owners of premises in an apartment building for the maintenance and repair of a residential premises.
The decision of the general meeting of owners of premises in an apartment building, adopted in accordance with the procedure established by the Code, on issues within the competence of such a meeting, is mandatory for all owners of premises in an apartment building, incl. for those owners who did not participate in the voting. This rule also applies to the decision on the payment of expenses for the overhaul of an apartment building.
The Code establishes the conditions under which the owner of the premises in an apartment building has the right to appeal to the court against the decision of the general meeting of owners of premises in such a building. The right to appeal arises if:
- the decision was made by the general meeting of owners of premises in this house in violation of the requirements of the Code;
- the owner did not participate in this meeting or voted against the adoption of such a decision;
- such a decision violated the rights and legitimate interests of this owner.
Part 3 of the commented article establishes the rule of succession in the obligation to pay the costs of capital repairs of an apartment building. The new owner, upon transfer of ownership of the premises in an apartment building to him, is obliged to participate in the costs of maintaining the common property in such a building, incl. for major repairs, in proportion to their share in the right of common ownership of this property.
This provision logically follows from the legal regime established by the Code for residential premises and shares in common ownership of common property in apartment buildings upon transfer of ownership of premises in such buildings. At the same time, it is appropriate to recall that the share in the common property right to the common property of the owner of the premises in an apartment building follows the fate of the ownership right to the said premises; the share in the right of common ownership of the common property in the communal apartment of the owner of the room in this apartment follows the fate of the ownership of the said room.
Upon acquisition of premises in an apartment building, a share in the right of common ownership of common property in an apartment building is transferred to the acquirer.
Upon the transfer of ownership of a premise in an apartment building, the share in the common ownership of the common property in this building of the new owner of such premises is equal to the share in the common ownership of the said common property of the previous owner of such premises. The terms of the agreement by which the transfer of ownership of premises in an apartment building is not accompanied by the transfer of a share in common ownership of common property in such a building are void.
4. The decision on the establishment of the amount of payment for the maintenance and repair of residential premises is within the competence of the general meeting of owners of premises in an apartment building, the procedure for which is regulated by Art. Art. 45 - 48 of the Code.
As well as part 3 of Art. 156 (in relation to the choice of management method for an apartment building), part 4 of Art. 158 of the Code assigns it to the competence of local government bodies, government bodies of Moscow and St. Petersburg to establish the amount of payment for the maintenance and repair of residential premises in the event that a decision on this issue is not made by the owners of the premises.
Prior to the adoption of the Code, the relevant relations were governed by Art. 15 of the Fundamentals, according to which the named bodies set prices for the maintenance, repair of housing, the rental of residential premises in the state and municipal housing stock.
An open list of issues related to the competence of local government bodies in the field of housing relations is given in Art. 14 of the Code.
The managing organization wants to collect a debt from the owner of the premises who has not paid for housing and communal services
The person managing the MKD wants to recover from the owner of the premises the arrears in payment of contributions for the overhaul of the common property of the MKD
The new managing organization wants to recover from the organization that previously managed the MKD, unjust enrichment in the amount of unspent funds collected from the owners of the premises for the maintenance and current repair of the MKD
The person managing the MKD wants to recover from the person who previously managed the MKD unjust enrichment in the amount of money not used for major repairs
The managing organization was ordered to recalculate the payment for residential premises or utilities, eliminate violations while limiting their provision
See all situations related to Art. 158 LCD RF
1. The owner of a premise in an apartment building is obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining common property in an apartment building in proportion to his share in the right of common ownership of this property by making a payment for the maintenance of the residential premises, contributions for major repairs ... Payment of additional contributions intended to finance the costs of capital repairs of common property in an apartment building is carried out by the owners of premises in an apartment building in the case provided for in part 1.1 of this article.
1.1. If the owners of premises in an apartment building, which form a capital repair fund on the account of a regional operator, make a decision to carry out major repairs of common property in an apartment building and at the same time it is impossible to use the capital repair fund funds to finance services and (or) capital repairs, provided by the adopted decision of the owners of premises in an apartment building, at the time specified by the adopted decision, the owners of premises in this house have the right to make a decision at a general meeting of owners of premises in this house on an additional contribution to pay for the specified services and (or) work and the procedure for its payment. At the same time, the payment of such payments cannot begin earlier than three calendar months before the deadline for the performance of the specified services and (or) the work stipulated by the contract. The use of funds generated from additional contributions is carried out in the manner prescribed by the decision of the general meeting of owners of premises in an apartment building.
2. Expenses for capital repairs of common property in an apartment building shall be financed from the capital repair fund and other sources not prohibited by law.
(see text in previous edition)
3. The obligation to pay the costs of capital repairs of common property in an apartment building applies to all owners of premises in this building from the moment ownership of the premises in this building arises. When the ownership of the premises in an apartment building is transferred to the new owner, the obligation of the previous owner to pay the costs of capital repairs of common property in the apartment building, including the obligation not fulfilled by the previous owner to pay contributions for capital repairs, with the exception of such an obligation not fulfilled The Russian Federation, a constituent entity of the Russian Federation or a municipality that is the previous owner of the premises in an apartment building.
(see text in previous edition)
4. If the owners of premises in an apartment building at their general meeting did not decide on the choice of the management method for the apartment building, the decision to establish the amount of payment for the maintenance of the residential premises, this amount is established by the local government (in the constituent entities of the Russian Federation - the cities of federal significance Moscow, St. Petersburg and Sevastopol - by the state authority of the corresponding constituent entity of the Russian Federation, if the law of the corresponding constituent entity of the Russian Federation does not establish that these powers are exercised by local self-government bodies of intracity municipalities), taking into account the methodological recommendations approved by the federal executive body performing the functions of developing and implementing state policy and legal regulation in the field of housing and communal services. Limiting indices of changes in the amount of payment for the maintenance of a dwelling in these cases are determined by the local government body (in the constituent entities of the Russian Federation - cities of federal significance Moscow, St. that these powers are exercised by local self-government bodies of intracity municipalities) in accordance with the specified methodological recommendations.
(see text in previous edition)
