1. The owner of premises in an apartment building shall be 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 their share in the right common property on this property by making a payment for the maintenance and repair of the dwelling.
2. The decision of the general meeting of owners of premises in an apartment building on payment of expenses for overhaul of an apartment building is accepted taking into account the proposals of the managing organization on the start date for the overhaul, the required scope of work, the cost of materials, the procedure for financing repairs, the timing of reimbursement of expenses and other proposals related to the conditions for the overhaul.
3. The obligation to pay the expenses for the overhaul of an apartment building applies to all owners of premises in this house from the moment the right of ownership to premises in this house arises. Upon transfer of ownership of the premises in an apartment building, the obligation of the previous owner to pay the costs of major repairs of the apartment building passes to the new owner.
4. If the owners of premises in an apartment building on their general meeting did not make a decision to establish the amount of payment for the maintenance and repair of residential premises, this amount is established by the local government (in the subjects Russian Federation- the federal cities of Moscow and St. Petersburg - by the state authority of the corresponding subject of the Russian Federation).
1. The owner of premises in an apartment building shall be obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining the common property in an apartment building in proportion to his share in the common ownership of this property by paying a fee for the maintenance of the residential premises, contributions for major repairs . Payment of additional contributions intended to finance the costs of major 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 by Part 1.1 of this article.
1.1. In the event that the owners of premises in an apartment building, who form a capital repair fund on the account of a regional operator, make a decision to carry out a major overhaul of common property in an apartment building and at the same time it is impossible to use the funds of the capital repair fund to finance services and (or) work on capital repairs, envisaged decision owners of premises in an apartment building, within the time limits determined by the decision, the owners of premises in this building have the right to decide at a general meeting of owners of premises in this building 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 these services and (or) works, stipulated by the agreement. The use of funds generated from additional contributions is carried out in the manner established 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 are financed from the capital repairs fund and other sources not prohibited by law.
3. The obligation to pay the expenses for the overhaul of an apartment building applies to all owners of premises in this house from the moment the right of ownership to premises in this house arises. Upon transfer of ownership of the premises in an apartment building, 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, passes 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 residential premises, such an amount is established by the local government (in the constituent entities of the Russian Federation - the federal cities of Moscow, St. Petersburg and Sevastopol - by the state authority of the corresponding subject of the Russian Federation, unless the law of the corresponding subject of the Russian Federation establishes that these powers are exercised by local self-government bodies of intracity municipalities).
In contact with
Classmates
[Housing Code of the Russian Federation] [art...
[Housing Code of the Russian Federation] [art...
[Housing Code of the Russian Federation] [art...
[Housing Code of the Russian Federation] [art...
[Housing Code of the Russian Federation] [art...
[Housing Code of the Russian Federation] [art...
[Housing Code of the Russian Federation] [art...
1. The owner of premises in an apartment building shall be obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining the common property in an apartment building in proportion to his share in the common ownership of this property by paying a fee for the maintenance of the residential premises, contributions for major repairs . Payment of additional contributions intended to finance the costs of major 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 by Part 1.1 of this article.
1.1. In the event that the owners of premises in an apartment building, who form a capital repair fund on the account of a regional operator, make a decision to carry out a major overhaul of common property in an apartment building and at the same time it is impossible to use the funds of the capital repair fund to finance services and (or) work on capital repairs, provided for by the decision of the owners of premises in an apartment building, within the time limits specified by the decision, the owners of premises in this house have the right to take 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) works 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) works provided for by the contract. The use of funds generated from additional contributions is carried out in the manner established 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 are financed from the capital repairs fund and other sources not prohibited by law.
3. The obligation to pay the expenses for the overhaul of an apartment building applies to all owners of premises in this house from the moment the right of ownership to premises in this house arises. Upon transfer of ownership of the premises in an apartment building, 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, passes 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 residential premises, such an amount is established by the local government (in the constituent entities of the Russian Federation - the federal cities of Moscow, St. Petersburg and Sevastopol - by the state authority of the corresponding subject of the Russian Federation, unless the law of the corresponding subject of the Russian Federation establishes that these powers are exercised by local self-government bodies of intracity municipalities).
1. The owner of premises in an apartment building shall be obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining the common property in an apartment building in proportion to his share in the common ownership of this property by paying a fee for the maintenance of the residential premises, contributions for major repairs . Payment of additional contributions intended to finance the costs of major 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 by Part 1.1 of this article.
1.1. In the event that the owners of premises in an apartment building, who form a capital repair fund on the account of a regional operator, make a decision to carry out a major overhaul of common property in an apartment building and at the same time it is impossible to use the funds of the capital repair fund to finance services and (or) work on capital repairs, provided for by the decision of the owners of premises in an apartment building, within the time limits specified by the decision, the owners of premises in this house have the right to take 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) works 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) works provided for by the contract. The use of funds generated from additional contributions is carried out in the manner established 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 are financed from the capital repairs fund and other sources not prohibited by law.
3. The obligation to pay the expenses for the overhaul of common property in an apartment building applies to all owners of premises in this house from the moment the right of ownership to premises in this house arises. Upon transfer of ownership of the premises in an apartment building, the obligation of the previous owner to pay the costs of major repairs of common property in the apartment building passes to the new owner, including the obligation not fulfilled by the previous owner to pay contributions for major 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.
4. If the owners of premises in an apartment building at their general meeting did not decide on the choice of management method apartment building, the decision to establish the amount of payment for the maintenance of residential premises, this amount is established by the local government (in the constituent entities of the Russian Federation - federal cities of Moscow, St. that these powers are exercised by local governments of intracity municipalities), taking into account guidelines approved federal body executive power, carrying out the functions of developing and implementing public policy and legal regulation in the field of housing and communal services. The limit indices for changing the amount of payment for the maintenance of residential premises in these cases are determined by the local government (in the constituent entities of the Russian Federation - the federal cities of Moscow, St. that these powers are exercised by local governments of intracity municipalities) in accordance with the specified methodological recommendations.
1. The commented article links the provisions of Part 3 of Art. 30 and part 1 of Art. 39 with the provisions of Art. 156 ZhK RF. The need for additional regulation is mainly related to the peculiarities of paying for the capital repairs of an apartment building, as well as the need to establish the legal consequences of the owners of premises in an apartment building not making a decision to establish the amount of payment for the maintenance and repair of a residential building. The provisions of this article apply to owners of both residential and non-residential premises in an apartment building. In addition, the commented article establishes a method for the participation of the owner of premises in an apartment building in the costs of maintaining common property in such a house - by paying a fee for the maintenance and repair of residential premises.
2. Part 1 of the commented article, in contrast to Art. 210 of the Civil Code of the Russian Federation, does not contain a provision on the possibility of the owner of the premises to distance himself from bearing the burden of maintaining his common property in an apartment building if this is provided for by law or contract.
3. The norms of the Housing Code of the Russian Federation, which establish the obligations of the owners of premises to pay for the maintenance and repair of residential premises, do not say that the said fee should be paid by the owners of the premises only personally, and in the case provided for in Part 4 of Art. 155 of the Housing Code of the Russian Federation, directly assign part of this obligation to the tenant (see commentary to part 4 of article 155 of the LCD), however, in case of violation of the obligation to pay this fee, the person who is held liable for the violation is the owner of the premises in the apartment building . Despite the fact that tenants of residential premises of state and municipal housing funds bear the costs of maintaining and repairing common property in an apartment building, the owner of municipal and state premises still continues to bear the burden of maintaining common property: the provisions of part 1 of the commented article apply to all owners and to all costs associated with the maintenance of common property.
4. To determine the amount of participation of the owner of the premises in the costs of maintaining common property in an apartment building, it is necessary to determine the share of a particular owner in the right of common ownership of this property, calculated in accordance with the norms of Art. 37 LC RF (see commentary to this article).
5. The owners of premises in an apartment building are obliged to participate in the costs of maintaining common property in such a house (part 1 of article 156 and part 1 of article 158 of the LC). Part 2 of the commented article establishes the procedure for making a decision on the overhaul of an apartment building and on determining the amount of payment for this repair when managing an apartment building by a managing organization. All issues related to the organization of the overhaul of an apartment building are decided by the owners of the premises in the apartment building. Prior to the entry into force of the Housing Code of the Russian Federation, the issues of the order and scope of major repairs apartment buildings, as a rule, were single-handedly decided by local governments. In accordance with the norms of the Housing Code of the Russian Federation (Articles 44, 158), the implementation of such a practice is unlawful.
6. Relations on the organization and payment for the overhaul of apartment buildings are regulated by the commented article quite fully. The Housing Code of the Russian Federation does not provide for the possibility of regulating such relations by regulatory legal acts of state authorities of the constituent entities of the Russian Federation or local governments (see commentary to Articles 5, 12 - 14 of the Housing Code). Possibility of providing budget funds for the overhaul of apartment buildings to managing organizations, HOAs or housing cooperatives or other specialized consumer cooperatives, Art. 165 ZhK RF. From 2008 to the end of 2011, within the framework of the implementation of the Federal Law "On the Fund for Assistance to the Reform of the Housing and Communal Services", funding is provided from regional and local budgets(using funds from the Housing and Utilities Reform Fund) overhauls of apartment buildings, in which methods of managing homeowners' associations, housing cooperatives and selected owners at general meetings of managing organizations are implemented. At the same time, this Law does not change the decision-making procedures for major repairs provided for in the commented article.
7. According to part 2 of the commented article, the decision to carry out a major overhaul of an apartment building (indicating the start date, the required scope of work, etc.) and to pay the costs for it (the cost of materials, the procedure for financing repairs, the timing of reimbursement of expenses) is taken by the general meeting of owners of premises in an apartment building, taking into account the proposals of the managing organization. At direct management by the owners of the premises of an apartment building, as well as in the management of a homeowners' association, a housing cooperative or a specialized consumer cooperative, the decision to carry out a major overhaul is also made by the general meeting of the owners of the premises of this house (clause 1, part 2, article 44 of the LCD).
8. The establishment of the amount of payment for major repairs by the local government is possible as an exception to general rule, in the event that the owners of premises in an apartment building within a year from the date of entry into force of the Housing Code of the Russian Federation did not choose a method for managing this house or if the decision made on choosing a method for managing this house was not implemented (part 4 of article 161 of the LCD; art. 18 of the Introductory Law). In this case, a major overhaul may be one of the conditions for holding an open tender to select a managing organization.
Considering that apartment building management contracts are concluded by the owners of premises based on the results of an open tender for a period of one to three years, only current or selective overhaul of individual elements of common property in an apartment building can be paid for this period.
9. When carrying out a major overhaul following the results of an open competition held by a local government body to select a management organization for managing an apartment building on the basis of current Rules, approved by Decree of the Government of the Russian Federation of February 6, 2006 N 75, the obligations to carry out such repairs and pay for them should arise from the owners of the premises and the management organization chosen by the local government on the basis of an apartment building management agreement (part 5 of article 161 of the LCD), not on the basis legal act local government body or the protocol of such a competition. In addition, the amount of payment for major repairs may be established by the local government in the case specified in part 4 of the commented article.
10. Depending on the terms of the management agreement, the obligation to pay the costs of major repairs of an apartment building may arise for the owners of premises in such a house both before the major repairs (advance payment) and immediately after it (installment payment). The Housing Code of the Russian Federation does not provide for mandatory prepayment of capital repairs as part of the payment for the maintenance and repair of residential premises in a particular apartment building.
International practice shows that the most effective mechanism for financing the overhaul and reconstruction of apartment buildings is the receipt of a loan by a homeowners association for these purposes with further repayment of this loan at the expense of payments from the owners or the decision by the owners of the premises to transfer the loan amounts to the managing organization and the responsibility of the owners for repaying the loan bank. At the same time, a significant part of payments to repay the loan can be compensated by reducing the payment for communal resources (primarily for thermal energy) as a result of resource saving measures as part of repairs or reconstruction. When deciding on the procedure for financing a major overhaul, the owners of premises in an apartment building independently assess the risks associated with such a decision (their solvency, the reliability of the managing organization, the impact of inflation, etc.).
11. The obligation established in part 3 of the commented article to pay the costs of major repairs of an apartment building applies to all new owners of premises in this house from the moment they acquire ownership of the premises. If the ownership of the premises in the apartment building has passed to the new owner, then the obligation of the previous owner to pay the costs of capital repairs of the apartment building passes to him. The commented norm stabilizes relations with regard to payment for the overhaul of an apartment building and reduces the risks of the overhaul contractor.
12. If major repairs have not been carried out or all obligations of the previous owner have been fulfilled at the time of alienation of the residential premises, then no obligations are transferred to the new owner. In this case, the obligation to pay for major repairs may arise for the first time for the new owner after the relevant decisions are made by the general meeting of owners of premises in an apartment building and the conclusion of the relevant agreements.
13. By general rule of the commented article, the amount of payment for the maintenance and repair of a residential building (see commentary to Article 156 of the LCD) is established by the owners of premises in an apartment building at their general meeting. This applies to the methods of managing apartment buildings by the managing organization and directly by the owners of the premises and means that the owners of the premises, when setting the amount of this fee, must agree among themselves on the amount of all necessary expenses for the maintenance of the apartment building, as well as its current and major repairs (for more details, see the commentary to article 156 LCD). At the same time, the Housing Code of the Russian Federation (Article 44 and Part 1 of Article 46) provides that the decision to carry out repairs (current or major) is made by a qualified majority of votes. The need to establish such a level of the majority of votes is due to the significant costs of repairs. When managing an apartment building by a partnership of homeowners or a cooperative, the decision to establish the amount of payment for the overhaul of an apartment building is made by the management bodies of the partnership or cooperative (see commentary to clause 1, part 1, article 137, clause 4, part 2, article 145 and part 8, article 156 of the LCD).
14. In part 4 of the commented article, it is established that if the owners of premises in an apartment building do not decide to establish the amount of payment for the maintenance and repair of residential premises, such an amount is established by local governments, and in the cities of Moscow and St. Petersburg - by a state authority corresponding subject of the Federation. The Housing Code of the Russian Federation proceeds from the fact that a general meeting of owners of premises in an apartment building has been held, at which all issues necessary for the maintenance and repair of common property in an apartment building have been resolved, except for establishing the amount of payment for the maintenance and repair of residential premises. Without the owners of the premises determining the list of services and works for the maintenance and repair of common property in an apartment building, the establishment by a local government body or a state authority of a city of federal significance of the amount of payment for the maintenance and repair of residential premises is unlawful. In addition, when managing an apartment building, the managing organization determines the amount of payment for the maintenance and repair of a dwelling essential condition management agreement (clause 3, part 3, article 162 of the LC). In the event of disagreement on the terms on the amount of payment for the maintenance and repair of residential premises in the management agreement, such an agreement in accordance with paragraph 1 of Art. 432 of the Civil Code of the Russian Federation is considered an unconcluded and completely or partially void transaction (Articles 166 - 168 and 180 of the Civil Code). Therefore, local governments cannot implement the provisions of part 4 of the commented article with the method of managing an apartment building by a managing organization. Since the decision to establish the amount of payment for the overhaul of an apartment building is made by the governing bodies of the partnership or cooperative (see the commentary to paragraph 1 of part 1 of article 137, paragraph 4 of part 2 of article 145 and part 8 of article 156 of the LC) , and not a general meeting of owners of premises in an apartment building, then the provisions of the commented norm do not apply to the management of an apartment building by a homeowners association or a housing or other specialized consumer cooperative. Taking into account the comparative analysis and systematic interpretation of the provisions of the Housing Code of the Russian Federation, it can be concluded that the provisions of part 4 of the commented article can only be applied in the direct management of the owners of premises in an apartment building.
1. The owner of premises in an apartment building shall be obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining the common property in an apartment building in proportion to his share in the common ownership of this property by paying a fee for the maintenance of the residential premises, contributions for major repairs . Payment of additional contributions intended to finance the costs of major 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 by Part 1.1 of this article.
(as amended by Federal Laws No. 271-FZ of December 25, 2012, No. 417-FZ of December 28, 2013, and No. 176-FZ of June 29, 2015)
1.1. In the event that the owners of premises in an apartment building, who form a capital repair fund on the account of a regional operator, make a decision to carry out a major overhaul of common property in an apartment building and at the same time it is impossible to use the funds of the capital repair fund to finance services and (or) work on capital repairs, provided for by the decision of the owners of premises in an apartment building, within the time limits specified by the decision, the owners of premises in this house have the right to take 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) works 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) works provided for by the contract. The use of funds generated from additional contributions is carried out in the manner established by the decision of the general meeting of owners of premises in an apartment building.
(Part 1.1 was introduced by Federal Law No. 417-FZ of December 28, 2013)
2. Expenses for major repairs of common property in an apartment building are financed from the capital repairs fund and other sources not prohibited by law.
(part 2 in ed. federal law dated December 25, 2012 N 271-FZ)
3. The obligation to pay the expenses for the overhaul of common property in an apartment building applies to all owners of premises in this house from the moment the right of ownership to premises in this house arises. Upon transfer of ownership of the premises in an apartment building, the obligation of the previous owner to pay the costs of major repairs of common property in the apartment building passes to the new owner, including the obligation not fulfilled by the previous owner to pay contributions for major 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.
(Part 3 as amended by Federal Law No. 257-FZ of July 29, 2017)
4. If the owners of premises in an apartment building at their general meeting did not decide on the choice of a method for managing an apartment building, a decision to establish the amount of payment for the maintenance of residential premises, this amount is established by the local government (in the constituent entities of the Russian Federation - cities of federal significance Moscow, St. Petersburg and Sevastopol - by the state authority of the corresponding subject of the Russian Federation, unless the law of the corresponding subject of the Russian Federation establishes that these powers are exercised by local governments of intracity municipalities) taking into account the methodological recommendations approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services. The limit indices for changing the amount of payment for the maintenance of residential premises in these cases are determined by the local government (in the constituent entities of the Russian Federation - the federal cities of Moscow, St. that these powers are exercised by local governments of intracity municipalities) in accordance with the specified methodological recommendations.
