Passing through
Dear jurists, please help with advice.
The backstory is this. There are 3 apartments on the floor of a high-rise building in our hall. After they tried to open the lock of my neighbor, I, this neighbor and the owner of the third apartment decided to install a metal door on the hall. Everyone agreed to participate in equal shares in the purchase and installation of the door.
A neighbor ordered a door, they installed it, I gave her my part, and the neighbor refused to give money, arguing that the door is bad and expensive (14 tr.)
Without going into details, I will say that this neighbor belongs to the type of "stubborn lonely pensioner with a not quite healthy psyche."
Now he threatens to drip somewhere so that the door will be removed.
The question is actually this. What regulations regulate access to the fire cabinet (which is in the lobby). If, for example, you simply remove the locks from the door, will the firemen be satisfied with this, or will they still be obliged to dismantle the door? What other options are possible?
By the way, almost everyone in the house has such doors, and I understand that this is not right. But people are more afraid of burglars than fire.God bless your neighbor..
Super Moderator
... Installed. The management company has nothing against the installation of 2 doors, provided that copies of both keys (1 for the elevator hall, and 2 for the staircase door) will be kept by the concierge.
This is an answer to a similar question on another forum. I'll dig some more now.Installation of additional doors: prohibited on flights of stairs, in elevator and apartment lobbies, in accordance with the requirements of the Order of the Ministry of Emergency Situations of the Russian Federation of June 18, 2003 N 313 "On approval of the Fire Safety Rules in the Russian Federation (PPB 01-03)".
And this is already from the official website of one of the UK ...2. It is impossible to block access to equipment (valves, taps, etc.) - clause 10.6 of SNiP 31-01-2003, - as well as to install shut-off or control devices on common building engineering networks (clause 3.6 of Appendix 2 to Decree of the Government of Moscow No. 73 -PP dated February 8, 2005 as amended No. 883-PP dated November 15, 2005).
http://www.ivd.ru/document.xgi?id=5338&gid=245&oid=301 This is from here.
We have a common apartment door, various commissions, firefighters came, nobody needs anything, the main thing is that the valve is in place and the sleeve. Yes, access to the closet is free. And we didn’t give the keys to anyone, we don’t have anyone, we don’t have a concierge ...
Registration: 02.04.07 Messages: 1.837 Acknowledgments: 5.444
Just a good person
Registration: 02.04.07 Messages: 1.837 Acknowledgments: 5.444 Address: Russia, Moscow
My neighbor and I had a similar situation. At first I agreed, but after installing the door I did not pay attention. We shared all the expenses with only 1 neighbor, and he was given the keys and made a call. So he fundamentally does not close this door and took his call. I wrote a bunch of complaints to the REU, firefighters ... wherever possible. Looks like it even went to court.We ignored all the subpoenas, and then the representative of the REU himself advised us to write a statement that the installation of the door does not prevent the free evacuation of people and does not worsen the conditions of neighboring apartments (we have 7 apartments on the floor). All neighbors have signed that they are familiar and do not mind (except for this one neighbor). Since then, no one has complained to us.
And these are the orders:
ORDER OF THE EMERCOM OF THE RUSSIAN FEDERATION N 313 ON THE APPROVAL OF FIRE SAFETY RULES IN THE RUSSIAN FEDERATION (PPB 01-03)
...
40. In buildings, structures of organizations (with the exception of individual residential buildings) it is prohibited:
- install additional doors or change the direction of door opening (in derogation from the project) from the apartments to the common corridor (to the landing of the staircase), if this prevents the free evacuation of people or worsens the conditions for evacuation from neighboring apartments ..."FIRE SAFETY OF BUILDINGS AND STRUCTURES" SNiP 21-01-97 (formerly SNiP 2.01.02-85)
...
6.16 The clear height of emergency exits must be at least 1.9 m, width at least 0.8 m (for multi-apartment residential buildings) ...
...
In all cases, the width of the evacuation exit must be such that, taking into account the geometry of the evacuation route, a stretcher with a person lying on it can be easily carried through the opening or door ...6.17 Doors of evacuation exits and other doors on evacuation routes should open in the direction of exit from the building.
The door opening direction is not standardized for:
a) premises of classes F1.3 (Multi-apartment residential buildings) and F1.4 (Single-apartment, including blocked residential buildings);
b) premises with a simultaneous stay of no more than 15 people, except for premises of categories A and B;
c) pantries with an area of no more than 200 sq.m without permanent jobs;
d) sanitary facilities;
e) access to the landing of stairs of the 3rd type;
f) external doors of buildings located in the northern building climate zone ...6.26 ... With doors opening from rooms to corridors, the width of the corridor along the corridor should be taken as the width of the corridor, reduced:
half the width of the door leaf - with a one-sided arrangement of doors;
on the width of the door leaf - with a two-sided arrangement of doors;
this requirement does not apply to floor corridors (halls) arranged in sections of class F1.3 buildings (multi-apartment residential buildings between the exit from the apartment and the exit to the stairwell ...
Registration: 24.03.08 Messages: 7.098 Acknowledgments: 8.960
Super Moderator
Registration: 24.03.08 Messages: 7.098 Acknowledgments: 8.960 Address: Moscow
10.6 It should be possible to access the equipment, fittings and devices of the engineering systems of the building and their connections for inspection, maintenance, repair and replacement.
SNiP fresh.
Registration: 26.05.08 Messages: 1.294 Acknowledgments: 5.161
Passing through
Registration: 26.05.08 Messages: 1.294 Acknowledgments: 5.161 Address: Moscow
- installation of additional doors: prohibited on flights of stairs, in elevator and apartment halls,2. Do not close access to equipment (valves, taps, etc.)
The question is this. Initially, even when the house was handed over, there was a door to the hall. Regular, so to speak. True, wood. Now there is an iron one. Does it count as an "extra" door if it's just another instead of one?
Let's say I remove the locks, this is a matter of 5 minutes. After all in this case "access to the equipment" will be?
I don't want to just take the door off. After all, it's cold without her.
I’d rather put a good lock on my door with such a neighbor ..
Registration: 24.03.08 Messages: 7.098 Acknowledgments: 8.960
Super Moderator
Registration: 24.03.08 Messages: 7.098 Acknowledgments: 8.960 Address: Moscow
Well, we have a door. They replaced it with metal, however, as in 80% this is done. There will be no locks, there can be no questions at all. We have no issues with locks either. Nobody.
Registration: 21.02.08 Messages: 983 Acknowledgments: 618
First, what is the legal ownership of the hall?
If the HOA, you need to convene the General Meeting, tk. only the OS manages the common property, and bring up your door for discussion. If everything is successful, then the decision is made to mount the door and store a duplicate of the keys with the concierge / senior at the entrance / at the housing office or simply under the mat for free access to a PC and other communications.
If the hall is municipal, then there should not be a lock in the door because of the PC.Explain to your neighbor that the door was hung in a place technologically provided for by the project in connection with the strengthening of anti-terrorist measures and increased vigilance of citizens.
Here I foundIron door in vestibule
Corridor work...Interview with a lawyer from the firm "Afanasiev and Partners". We thank Irina Kuznetsova for the transcript of the recording.
In the houses of the Nevsky Syndicate, there are usually corridors and halls with a decent footage. These corridors can be attached to apartments by many equity holders. This material is about the features of this process.
- Dmitry, tell me, how competent is the installation of an iron door from the elevator platform to the common corridor?
Such installation of the door is not only legal, moreover, the demolition of this door is prohibited by fire safety rules, because. This door prevents the spread of combustion products. The installation of an iron door on a common corridor and a lock is recommended by the Ministry of Internal Affairs as an effective way to counteract thieves, both apartment thieves and those who like to steal the contents of apartment shields and cut cables.
However, the installation of a lock on this door must comply with fire safety regulations.
- What are these rules?
According to clause 52 of the Rules, the door should open towards the escape route, i.e. outward from the corridor to the elevator platform. Another point, the door from the inside should open without a key.
- Is it possible to put cabinets in the corridors?
You can not make built-in wardrobes in the corridors, this is prohibited by SNiP 2.01.02-85. However, SNiP does not say anything about ordinary cabinets, which means that the norm from clause 4.6 applies, which prescribes to have a free passage with a width of at least 1 meter. It should be noted that half of the doorway is still subtracted from the width of the corridor. In other words, if in a corridor 2 m wide you can put a cabinet 60 cm deep against one of the walls.
- Quite often there is a case when neighbors living at the end of the corridors block part of the corridor with their door, can this door be demolished as arbitrarily as it was put up?
You can demolish it, only it will be a criminal offense under Art. 167 of the Criminal Code of the Russian Federation. I know of more than one such case. Then the actions of the neighbors who blocked the corridor cannot be considered unauthorized without an analysis of the situation.
“But haven’t the neighbors made for themselves a part of the common property in kind?”
Common misconception. Allocation in kind to the installation of the door in general has nothing to do. Separation in kind is a section of common property and it comes into force only after state registration (Article 219 of the Civil Code of the Russian Federation), because. corridor belongs to real estate. It is forbidden to allocate a part of the corridor in kind, but this only means that you cannot transfer part of the corridor to your property, but it does not mean at all that it is impossible to take part of the corridor for yourself. It may surprise the layman, but legally property, possession and use are different concepts. So, in order to take possession and use of part of the corridor, neighbors may have completely legal grounds.
- What then is the legal basis for installing doors in the corridor by neighbors?
According to Art. 36 of the Housing Code of the Russian Federation, corridors are the common property of all tenants-owners. According to Art. 37 of the Housing Code of the Russian Federation, the share of the tenant in the common property is proportional to the area of \u200b\u200bhis apartment. According to Article 247 of the Civil Code of the Russian Federation, a participant in shared ownership has the right to provide for his possession and use of part of the common property, i.e. and a corridor proportional to its share.
In other words, if the neighbors have the right to a part of the corridor area, which is indicated in Art. 247 of the Civil Code of the Russian Federation, then having fenced off this part for themselves, they take into use what they are supposed to.
- But after all, for some owners it may turn out that their share falls on the "passage part" of the corridor!
The corridor in all parts remains passable, because its purpose is to be a passageway to the apartments, so even if you fence off with a neighbor for a couple, you both use your part of the corridor. Then, according to the Housing Code of the Russian Federation, the premises should be used for their intended purpose, if the corridor branch is intended to approach certain apartments, then this corridor branch should be used only for this.
Registration: 29.10.09 Messages: 1.755 Acknowledgments: 1.567
Continuation- Let's look at an example. At my site, the area of the common corridor is 35 square meters. meters. The total footage of all apartments on the site is 464 sq. meters. My apartment has a footage of 88 square meters. meters, and the neighbor's apartment has 62 sq. meters. Does this mean that we own 6.6 and 4.7 of the area of the corridor?
Right. Once again I will indicate the formula for calculating "my" share in accordance with the law.
Share Area = Corridor Area * Area of Your Apartment / Total area of apartments on your site.
- Is it true that then we can claim with a neighbor for 11.3 square meters. meters from the corridor?
Right.
- Good. Another example. At the other end of our corridor there are 2 apartments of 58 and 68 sq. meters. Neighbors, as I understand it, have the right to 9.5 square meters. meters, but can capture up to 13.5 square meters. meters. Can this be regarded as damage to other owners?
Maybe. It turns out the situation provided for in paragraph 2 of Art. 247 of the Civil Code of the Russian Federation. The rest of the owners could not get possession and disposal of a part of the common property in the form of the due part of the corridor, then they are entitled to monetary compensation. Appraisers usually evaluate 1 sq. meter of non-residential premises as a benefit of $5 per month. Another question is that offended neighbors cannot recover this money.
- Why not recover damages from those who use more than they have the right to?
Because the "invaders" of the corridor will rightly declare that, according to Art. 36 of the Housing Code of the Russian Federation, the corridor belongs to all the owners of the house, and not just directly to their neighbors. Therefore, compensation must be divided among all the owners of the house, and only a share of it is due to the neighbor - usually 1/300 part. Needless to say, this will not even pay for the state. filing fee?
We are not saying that the "invaders" of the corridors have a very simple way to legitimize their position through the General Meeting of Owners. After all, 3 months will pass from the moment the lawsuit is filed to the court, more than one meeting can be held here.
- How can corridors be seized through the General Meeting of Owners?
So you can capture not only the corridors.
General Meeting of Owners in accordance with paragraph 2.3 of Art. 44 of the LC RF has the right to transfer common property for use to anyone. True, for such a decision, you need to have 2/3 of the votes of all owners in accordance with paragraph 1 of Art. 46 LCD RF.
Now let's think for ourselves, there are usually much more residents living at the ends of the corridors than those living right at the entrance. Then the apartments at the ends of the corridors are usually made larger by designers, and according to paragraph 3 of Art. 48 LCD RF vote at the general meeting "meters". We clearly have more than 2/3 of the owners interested in legalizing their ownership of the corridors.
Moreover, to make such a meeting is elementary, now Art. 47 of the Housing Code of the Russian Federation provides for the form of holding a general meeting in absentia. It's just that the decision is thrown into the mailboxes, the owners sign them and throw them into another box.
If the initiative group conducting the voting is also cunning, then any other common property can be redistributed on the sly, for example, a parking lot near the house. You just need to combine the questions to vote into one.
- And if you still fail to get the required majority of votes?
Then everything depends on nothing more than the strength of the nerves of the "invader" of the corridor. I know the precedent when the neighbors captured not a lot, not a little, but 1/2 of the corridor. The court ruled five times that the neighbors should return the proper part of the corridor to the rest. Only the "invaders" did not even appear in court. Litigation of only one case usually takes 5-6 months. And only six months later the bailiff appeared with an order to remove the partition. The "invaders" simply unscrewed the bolts of the partition and brought it into the apartment. The bailiff wrote down - the court decision was executed. Half an hour after the bailiff left, the "neighbor-invaders" put the partition back. And so five times. The plaintiffs spent years, and the defendant was only minutes and still got his own. They wrote to the press - to no avail, the bailiffs were only offended, because. they have nothing to do with it, that's the law. Then the "offended" neighbors simply decided to break the partition without a trial, the police came to the roar and a criminal case was initiated under Art. 167 of the Criminal Code of the Russian Federation.
Registration: 24.03.08 Messages: 7.098 Acknowledgments: 8.960
Super Moderator
Registration: 24.03.08 Messages: 7.098 Acknowledgments: 8.960 Address: Moscow
Registration: 29.10.09 Messages: 1.755 Acknowledgments: 1.567
- And if the door of the neighbors blocked the common electrical panel?Whether the door is blocked by the shield does not matter. There is no equipment that is allowed to be serviced by anyone other than a certified HOA electrician. He should be given access in the event of an accident. Residents are prohibited from carrying out electrical work in the PUE. Another question is if there are counters in the shield. If yes, then access to the counter must be provided, because. The meter is serviced by the owner himself. Otherwise, how to pay for electricity? Usually in such cases, the counter is transferred to the apartment or directly to the partition on which the door is placed.
- What to do if the door closes the window to the smoke exhaust shaft?
Provide a window of the same area above your door. I must say that SNiPs do not regulate the form of such a window, so there are two main options. You can simply make a square window above the door about 50x50 cm in size and put a grill in it. And you can do it by analogy with clause 1.74 in SNiP 2.08.02-89. It’s just that the partition on which the door stands should not reach the ceiling and the gap left should have an area of at least 2500 square meters. cm. With a typical corridor width of about 2 m, this is a gap of about 12-14 cm from the ceiling. A mesh can be placed in the ventilation window.
- What if the door closes the fire valve?
The easiest solution is to give the extra key to the concierge and write his phone number on the door. Another option is a reinforced glass door insert that firefighters can smash and open the door.
You can agree on the transfer of the crane, but it takes a long time and costs money. There is an easier solution. We put an electromagnetic lock in the circuit of which the fire sensor is connected, which solves the problem. In the event of a fire, the door will unlock. We should not forget that the sensor needs air communication with the main corridor, so a small vent. a window is also needed. Pleasure costs about $ 80, but for several apartments it is not so bad to have an electronic lock that does not allow picking a key. Recall that according to the statistics of the Ministry of Internal Affairs, 40% of apartments are opened with master keys.- Is it generally possible to put doors in corridors according to fire safety rules?
There is no ban on this in the Rules, but there are requirements for doors standing in the way of evacuation. The corridor door must open outward into a common corridor and open without a key from the inside and have a clearance of at least 0.8 m in accordance with SNiP 2.01.02-85. In addition, the corridor door should not interfere with the opening of other doors.
- I wonder if the action of the neighbors to block the corridors was a redevelopment for which sanctions are provided for in the new Housing Code of the Russian Federation?
No, the new Housing Code of the Russian Federation provides for sanctions for redevelopment of residential premises. The corridor is non-residential. There is not even a reconstruction of the premises, because. in the definition of Gosstroy given in VSN 61-89 (r), the signs of reconstruction are changes in the construction volume and area. The door volume and area does not change.
- Don't you need the consent of the HOA to install the door?
HOA is an organization hired by the owners to operate the house and nothing more. It has nothing to do with property relations between the owners of the HOA.- How so? In paragraph 2 of Art. 137 of the Housing Code of the Russian Federation states that the HOA has the right to provide common property for use!
The laws must be read to the end, the owners can entrust the HOA to dispose of their property, without this order, the actions of the HOA are illegal. In Art. 146 states that in order to make decisions on the transfer of rights to common property, it is required to obtain 2/3 of the votes from all owners. Quite often, the HOA tries to pretend to be the owner of the house, although this is nothing more than a group of plumbers and electricians hired by the tenants. Not to mention that any owner can leave the HOA simply by submitting an application in accordance with Art. 143 of the Housing Code of the Russian Federation and no decisions of the HOA are valid for him.
- And if the owner is already bound by an agreement with the HOA?
The owner at any time may terminate the contract with the HOA on the basis of Art. 782 of the Civil Code of the Russian Federation, but this does not relieve him of the obligation to pay utility bills in the amount established in the Civil Code of the Russian Federation.
Thanks: 5.161 Address: MoscowWaldschnepfer
darkness uncultured
Registration: 28.11.07 Messages: 4.286 Acknowledgments: 2.922 Address: Moscow
Ren, this is true in all matters related to security. conflicting requirements. You can imagine how it is necessary to contrive, so that both of them accept the object.
Repair of a common corridor with neighbors It is customary to do several times less often, non-living repairs in the corridor of each apartment. Of course, it is not always easy to agree with neighbors about cleaning things, buying materials that will be used for repairs and their colors, because each person has an individual vision of an ideal corridor. In addition, you need to find also all the necessary tools for repair work.
Repair materials
Overhaul is quite an expensive pleasure, so cosmetic will be quite enough to carry out renovations in the common corridor. When carrying out repairs, you should definitely consult with your neighbors so that there are no disagreements and you do not have to pay an amount that exceeds half of the costs (if the common corridor is designed for 2 apartments). First you need to carefully plan the repair work and only after that acquire all the necessary materials in the right quantities.
In a building supermarket, you need to purchase mounting foam, linoleum, plinth, perforated corner, wall paint, color for it, an impact drill, putty, dowels and screws, an electric mixer for making mixtures and mortars, a screwdriver, etc. Of course, everything you do not need to buy this if you have such items on the farm.
Repair work
First you need to use a spatula to remove all the paint that has peeled off the walls and ceiling, and also remove the plaster that has sprinkled. Carefully cement, plaster and putty areas of the ceiling and walls that are in poor condition. It is necessary to give at least one day for everything to dry.
Old lamps should be replaced with modern fluorescent lamps. If there is an old electricity meter in the corridor that is not functioning, then it should be removed, but not on your own, but with the help of electricians from the Housing Office. Doors to apartments can be changed independently, because each family may have different financial capabilities. The floor should also be washed and allowed to dry completely.
For painting the walls, it is best to use acrylic paint, because it does not stain clothes, and is applied to the surface easily and quickly. The paint must be applied in two layers. If the wooden floor has gaps, then they need to be filled with mounting foam, and then, after drying, cut off their unnecessary parts. Then it remains only to lay the linoleum and fix the plinth.
I support previous speakers. If there is no agreement with all the residents of the floor, you have the right to demand that they fulfill your conditions for changing the position of this partition or its demolition. I do not know for sure whether this partition falls under the definition of redevelopment. If so, then it is also given to legitimize it in the relevant institutions.
If they do not agree to an amicable solution, then the road to you is first in the Criminal Code.
Here I came across. Interesting. You may well have problems with your claims.
Spoiler
Corridor work...
Interview with a lawyer from the firm "Afanasiev and Partners". We thank Irina Kuznetsova for the transcript of the recording.
In the houses of the Nevsky Syndicate, there are usually corridors and halls with a decent footage. These corridors can be attached to apartments by many equity holders. This material is about the features of this process.
- Dmitry, tell me, how competent is the installation of an iron door from the elevator platform to the common corridor?
Such installation of the door is not only legal, moreover, the demolition of this door is prohibited by fire safety rules, because. This door prevents the spread of combustion products. The installation of an iron door on a common corridor and a lock is recommended by the Ministry of Internal Affairs as an effective way to counteract thieves, both apartment thieves and those who like to steal the contents of apartment shields and cut cables.
However, the installation of a lock on this door must comply with fire safety regulations.
- What are these rules?
According to clause 52 of the Rules, the door should open towards the escape route, i.e. outward from the corridor to the elevator platform. Another point, the door from the inside should open without a key.
- Is it possible to put cabinets in the corridors?
You can not make built-in wardrobes in the corridors, this is prohibited by SNiP 2.01.02-85. However, SNiP does not say anything about ordinary cabinets, which means that the norm from clause 4.6 applies, which prescribes to have a free passage with a width of at least 1 meter. It should be noted that half of the doorway is still subtracted from the width of the corridor. In other words, if in a corridor 2 m wide you can put a cabinet 60 cm deep against one of the walls.
- Quite often there is a case when neighbors living at the end of the corridors block part of the corridor with their door, can this door be demolished as arbitrarily as it was put up?
You can demolish it, only it will be a criminal offense under Art. 167 of the Criminal Code of the Russian Federation. I know of more than one such case. Then the actions of the neighbors who blocked the corridor cannot be considered unauthorized without an analysis of the situation.
“But haven’t the neighbors made for themselves a part of the common property in kind?”
Common misconception. Allocation in kind to the installation of the door in general has nothing to do. Separation in kind is a section of common property and it comes into force only after state registration (Article 219 of the Civil Code of the Russian Federation), because. corridor belongs to real estate. It is forbidden to allocate a part of the corridor in kind, but this only means that you cannot transfer part of the corridor to your property, but it does not mean at all that it is impossible to take part of the corridor for yourself. It may surprise the layman, but legally property, possession and use are different concepts. So, in order to take possession and use of part of the corridor, neighbors may have completely legal grounds.
- What then is the legal basis for installing doors in the corridor by neighbors?
According to Art. 36 of the Housing Code of the Russian Federation, corridors are the common property of all tenants-owners. According to Art. 37 of the Housing Code of the Russian Federation, the share of the tenant in the common property is proportional to the area of \u200b\u200bhis apartment. According to Article 247 of the Civil Code of the Russian Federation, a participant in shared ownership has the right to provide for his possession and use of part of the common property, i.e. and a corridor proportional to its share.
In other words, if the neighbors have the right to a part of the corridor area, which is indicated in Art. 247 of the Civil Code of the Russian Federation, then having fenced off this part for themselves, they take into use what they are supposed to.
- But after all, for some owners it may turn out that their share falls on the "passage part" of the corridor!
The corridor in all parts remains passable, because its purpose is to be a passageway to the apartments, so even if you fence off with a neighbor for a couple, you both use your part of the corridor. Then, according to the Housing Code of the Russian Federation, the premises should be used for their intended purpose, if the corridor branch is intended to approach certain apartments, then this corridor branch should be used only for this.
- Let's look at an example. At my site, the area of the common corridor is 35 square meters. meters. The total footage of all apartments on the site is 464 sq. meters. My apartment has a footage of 88 square meters. meters, and the neighbor's apartment has 62 sq. meters. Does this mean that we own 6.6 and 4.7 of the area of the corridor?
Right. Once again I will indicate the formula for calculating "my" share in accordance with the law.
Share Area = Corridor Area * Area of Your Apartment / Total area of apartments on your site.
- Is it true that then we can claim with a neighbor for 11.3 square meters. meters from the corridor?
- Good. Another example. At the other end of our corridor there are 2 apartments of 58 and 68 sq. meters. Neighbors, as I understand it, have the right to 9.5 square meters. meters, but can capture up to 13.5 square meters. meters. Can this be regarded as damage to other owners?
Maybe. It turns out the situation provided for in paragraph 2 of Art. 247 of the Civil Code of the Russian Federation. The rest of the owners could not get possession and disposal of a part of the common property in the form of the due part of the corridor, then they are entitled to monetary compensation. Appraisers usually evaluate 1 sq. meter of non-residential premises as a benefit of $5 per month. Another question is that offended neighbors cannot recover this money.
- Why not recover damages from those who use more than they have the right to?
Because the "invaders" of the corridor will rightly declare that, according to Art. 36 of the Housing Code of the Russian Federation, the corridor belongs to all the owners of the house, and not just directly to their neighbors. Therefore, compensation must be divided among all the owners of the house, and only a share of it is due to the neighbor - usually 1/300 part. Needless to say, this will not even pay for the state. filing fee?
We are not saying that the "invaders" of the corridors have a very simple way to legitimize their position through the General Meeting of Owners. After all, 3 months will pass from the moment the lawsuit is filed to the court, more than one meeting can be held here.
- How can corridors be seized through the General Meeting of Owners?
So you can capture not only the corridors.
General Meeting of Owners in accordance with paragraph 2.3 of Art. 44 of the LC RF has the right to transfer common property for use to anyone. True, for such a decision, you need to have 2/3 of the votes of all owners in accordance with paragraph 1 of Art. 46 LCD RF.
Now let's think for ourselves, there are usually much more residents living at the ends of the corridors than those living right at the entrance. Then the apartments at the ends of the corridors are usually made larger by designers, and according to paragraph 3 of Art. 48 LCD RF vote at the general meeting "meters". We clearly have more than 2/3 of the owners interested in legalizing their ownership of the corridors.
Moreover, to make such a meeting is elementary, now Art. 47 of the Housing Code of the Russian Federation provides for the form of holding a general meeting in absentia. It's just that the decision is thrown into the mailboxes, the owners sign them and throw them into another box.
- And if you still fail to get the required majority of votes?
Then everything depends on nothing more than the strength of the nerves of the "invader" of the corridor. I know the precedent when the neighbors captured not a lot, not a little, but 1/2 of the corridor. The court ruled five times that the neighbors should return the proper part of the corridor to the rest. Only the "invaders" did not even appear in court. Litigation of only one case usually takes 5-6 months. And only six months later the bailiff appeared with an order to remove the partition. The "invaders" simply unscrewed the bolts of the partition and brought it into the apartment. The bailiff wrote down - the court decision was executed. Half an hour after the bailiff left, the "neighbor-invaders" put the partition back. And so five times. The plaintiffs spent years, and the defendant was only minutes and still got his own. They wrote to the press - to no avail, the bailiffs were only offended, because. they have nothing to do with it, that's the law. Then the "offended" neighbors simply decided to break the partition without a trial, the police came to the roar and a criminal case was initiated under Art. 167 of the Criminal Code of the Russian Federation.
- And if the door of the neighbors blocked the common electrical panel?
Whether the door is blocked by the shield does not matter. There is no equipment that is allowed to be serviced by anyone other than a certified HOA electrician. He should be given access in the event of an accident. Residents are prohibited from carrying out electrical work in the PUE. Another question is if there are counters in the shield. If yes, then access to the counter must be provided, because. The meter is serviced by the owner himself. Otherwise, how to pay for electricity? Usually in such cases, the counter is transferred to the apartment or directly to the partition on which the door is placed.
- What to do if the door closes the window to the smoke exhaust shaft?
Provide a window of the same area above your door. I must say that SNiPs do not regulate the form of such a window, so there are two main options. You can simply make a square window above the door about 50x50 cm in size and put a grill in it. And you can do it by analogy with clause 1.74 in SNiP 2.08.02-89. It’s just that the partition on which the door stands should not reach the ceiling and the gap left should have an area of at least 2500 square meters. cm. With a typical corridor width of about 2 m, this is a gap of about 12-14 cm from the ceiling. A mesh can be placed in the ventilation window.
- What if the door closes the fire valve?
The easiest solution is to give the extra key to the concierge and write his phone number on the door. Another option is a reinforced glass door insert that firefighters can smash and open the door.
You can agree on the transfer of the crane, but it takes a long time and costs money. There is an easier solution. We put an electromagnetic lock in the circuit of which the fire sensor is connected, which solves the problem. In the event of a fire, the door will unlock. We should not forget that the sensor needs air communication with the main corridor, so a small vent. a window is also needed. Pleasure costs about $ 80, but for several apartments it is not so bad to have an electronic lock that does not allow picking a key. Recall that according to the statistics of the Ministry of Internal Affairs, 40% of apartments are opened with master keys.
- Is it generally possible to put doors in corridors according to fire safety rules?
There is no ban on this in the Rules, but there are requirements for doors standing in the way of evacuation. The corridor door must open outward into a common corridor and open without a key from the inside and have a clearance of at least 0.8 m in accordance with SNiP 2.01.02-85. In addition, the corridor door should not interfere with the opening of other doors.
- I wonder if the action of the neighbors to block the corridors was a redevelopment for which sanctions are provided for in the new Housing Code of the Russian Federation?
No, the new Housing Code of the Russian Federation provides for sanctions for redevelopment of residential premises. The corridor is non-residential. There is not even a reconstruction of the premises, because. in the definition of Gosstroy given in VSN 61-89 (r), the signs of reconstruction are changes in the construction volume and area. The door volume and area does not change.
- Don't you need the consent of the HOA to install the door?
HOA is an organization hired by the owners to operate the house and nothing more. It has nothing to do with property relations between the owners of the HOA.
- How so? In paragraph 2 of Art. 137 of the Housing Code of the Russian Federation states that the HOA has the right to provide common property for use!
The laws must be read to the end, the owners can entrust the HOA to dispose of their property, without this order, the actions of the HOA are illegal. In Art. 146 states that in order to make decisions on the transfer of rights to common property, it is required to obtain 2/3 of the votes from all owners. Quite often, the HOA tries to pretend to be the owner of the house, although this is nothing more than a group of plumbers and electricians hired by the tenants. Not to mention that any owner can leave the HOA simply by submitting an application in accordance with Art. 143 of the Housing Code of the Russian Federation and no decisions of the HOA are valid for him.
- And if the owner is already bound by an agreement with the HOA?
The owner at any time may terminate the contract with the HOA on the basis of Art. 782 of the Civil Code of the Russian Federation, but this does not relieve him of the obligation to pay utility bills in the amount established in the Civil Code of the Russian Federation.
- And then what should the neighbors do when a consensus is not found?
Agree. Negotiation is the most efficient way. For negotiations, as well as for courts, it is better to call professionals. Save time, and the matter is very simple. The services of a lawyer in such cases are usually $100-$200.
In most cases, residents want to fence off and use to their advantage that part of the common hall or corridor that is directly adjacent to the apartment. We note right away that only homeowners have the right to such actions. It is enshrined in articles 36 and 37 of the Housing Code of the Russian Federation. However, even the owners to exercise their legal right is not so easy: there are many legal nuances.
Where to begin?
Although Articles 36 and 37 of the Housing Code of the Russian Federation state that common house property belongs to all homeowners, the first step is to carefully study the charter of an HOA, housing cooperative or an agreement with a management company. From these documents, it may become clear that stairs, halls, attics, basements, the adjacent territory and other property have been transferred, with the consent of the residents, to the operational management of the service organization. That is, it has the right to derive income from the operation of such facilities. In such a situation, it will be necessary to contact the board of the HOA, housing cooperative or UK. Their representatives will determine under what conditions you can install a partition and “cut” additional space. But, most likely, you will have to pay a monthly rent for using it.
If the right of operational disposal of common house property is not assigned to the managing organization, then no one has the right to take payments from the owner for its use (as opposed to the cost of maintaining it). But in the event that the HOA, housing cooperative or the Criminal Code considers that the area of \u200b\u200bthe corridor that you want to fence in exceeds the share in the common house property that is due to you by law, you will have to pay. How many meters you are supposed to, we will tell you in the second tip.
And, of course, after studying the charter of the HOA, housing cooperative, or the management agreement with the management company, it is advisable to contact these organizations and inform about your intention to install a partition.
We moderate appetites or negotiate with neighbors
If the hall is large enough, then most citizens are tempted to fence off their spaces to the maximum and use it for their own purposes - to place old furniture, appliances, bicycles, mopeds, etc. there. But you must also take into account the interests of other residents who also have the right to use the corridor. According to Article 247 of the Civil Code of the Russian Federation, the owner has the right to provide for use a part of the common property of the house, proportional to the area of the apartment occupied. And if you "captured" someone else's square meters, then the rest of the homeowners may make claims and demand monetary compensation or a monthly rent for the "surplus". Some principled citizens, especially if they are supported by the leadership of the HOA, housing cooperative, and the Criminal Code, may even sue you.
So be sure to talk with the owners of the nearest apartments and try to make the neighbors your like-minded people. If you can convince them, then they will agree to take part of the cost of installing the door, and it will be possible to fence off a larger area.
We examine the corridor: carefully, counters!
Quite often, conflicts with neighbors arise if you are going to fence off a part of the corridor where the electrical panel is located for all apartments on the floor (without metering devices). In this case, residents who disagree with your plans may refer to the lack of access to common house equipment. But their claims are unfounded: from the point of view of the law, only a certified electrician can service the electrical panel. And in case of emergencies, he only needs to provide access to the equipment.
It is quite another matter if there are metering devices in the switchboard. Then to provide access to the meters is a completely legitimate requirement of the owners. But there is a way out here, although it will result in additional expenses for you - metering devices can be reinstalled in apartments. There is a cheaper option - to make duplicates of the entrance keys and pass them on to neighbors whose counters were outside your door.
The most difficult situation is when a fire hydrant is located in the corridor. Representatives of the fire inspectorate usually categorically prohibit fencing such objects. But there is a way out here too. For example, you can install a door with a glass insert, which is easy to break in case of danger and provide access to the fire hydrant.
The problem is resolved more easily if there is a concierge at your entrance. Then the spare keys to the door are handed over to him for safekeeping.
Organize an absentee meeting of owners
If you do not want future litigation with the HOA, housing cooperative, management company or other owners who consider the installation of the door illegal, then before installing it, you must organize a general meeting of the owners of the apartment building. This, of course, will turn out to be a waste of time and nerves for you. But, if the decision of the meeting comes into force, no one will be able to make claims against you anymore.
It is necessary to hold a general meeting in absentia, since with the in-person option you are unlikely to collect a quorum (two-thirds of the total number of owners must be present).
The agenda can include not only your specific question, but also other problems that concern residents. You must notify all apartment owners of the meeting ten days in advance. This can be done by registered mail with delivery notification (which will cost a pretty penny), or post information on the stand on the ground floor. Then, on a certain day, send out documents with the text of questions to other residents, indicating by what date (usually a few days) they can express their opinion. After that, it is worth walking through the apartments and collecting papers. More than 50% of the votes must be "for" a positive solution to your question.
According to the Consumer Society of St. Petersburg and the Leningrad Region, about 90% of the partitions in the common corridors of houses are now installed with certain violations of the law. In 30% of cases, their installation was challenged or is now being challenged in court.
So, if you act at your own peril and risk and have not secured the decision of the general meeting of tenants, be prepared for the fact that at any time you may receive a notification from the HOA, housing cooperative or management company demanding to dismantle the installed door. If you do not do this, then the organizations involved in the operation of the house can go to court. And if he takes their side, then you will be obliged to liquidate the partition at your own expense. Serious problems can also arise if you suddenly want to sell an apartment. The door will either have to be dismantled, or still hold a general meeting of residents and obtain permission to install the partition after the fact.
Text: Svetlana Kovalenko Photo: Alexey Alexandronok
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