On a monthly basis, residents of apartment buildings pay to the regional operator or to the fund of their own house payments for the implementation of capital repairs.
What is included in the list of works on the overhaul of apartment buildings, what will the collected funds be spent on?
What does a major overhaul mean?
Repair work of common property apartment building capital character usually relate to:
- Reconstruction of walls (except load-bearing).
- Separate load-bearing structures.
- Engineering networks and communications.
Properly planned work should gradually repair the failing parts of the common house property and prevent complete wear and tear of the structural elements of the building.
Parts are either repaired or replaced with analogues or the latest developments. The work is carried out quite rarely, and this is the reason for the not so large amount of the contribution, which usually accumulates for a long time.
Repair can be:
- Complex - when the entire building is being renovated, taking into account various innovations that have appeared.
- Partial - when capital work is envisaged in only one of the directions.
Partial work is good when the amount of damage is not large enough or there are no funds for complex work.
If large amounts of damage or a threat of destruction of a multi-storey building are detected, it is recommended to resettle the residents and conduct an examination - whether further repairs are advisable, or the house is subject to demolition.
What works are included in the overhaul of an apartment building
You can find out which houses are included in the program for the overhaul of apartment buildings on the website of the administration of your locality. If no improvement work has been done for a long time:
- you should check if the house is included in the capital renovation program;
- check the account on which the funds collected for the overhaul are accumulating, perhaps the funds are simply not enough.
Considering what is usually included in the overhaul of an apartment building, what residents can expect in 2017 and subsequent years, we can highlight:
1. Repair of the walls and facade of the building:
- Painting and coating with insulation of walls, basement and facades of the building.
- Replacement of glass and loggias of the house with new or light-saving double-glazed windows.
- General reconstruction of the external appearance of the building, replacement of facing tiles, barriers and waterproofing.
- Creation of canopies over the basement, entrance rooms and balconies of the upper floors of the house.
- Repair of the drainage system.
2. Work with the foundation of an apartment building and basement:
- Reconstruction of the integrity of the foundation.
- Restoration of the entrance to the basement.
- More thorough sealing of the junction of the foundation and engineering networks of the building.
3. Roof and attic repairs:
- Restoration of all wooden truss and roof structures(if any), their processing special formulations against external influences.
- Tracking and maintenance temperature regime and room humidity.
- Arrangement of common house TV antennas, lightning rods, etc.
4. Repair work on stairwells and spans:
- Replacing or updating steps.
- Repair of stair railings.
- Coloring and plastering work on stairwells and flights of stairs.
5. Reconstruction entrance group to the building and doors:
- Improvement or restoration of access doors, doors to the vestibule and to the floors, if any.
- Restoration or renewal of the steps of the entrance group.
- Update of the stair railing at the entrance to the entrance.
6. Repair of the heating system of an apartment building;
- Replacement of pipes and risers that are out of order or with an expiring service life.
- Repair or installation of heat level regulators.
- Installation of shutoff valves.
- Technical improvement of the heating system;
7. Repair and cleaning of the ventilation system and shafts from accumulated debris, replacement of gratings.
8. Restoration of the hot and cold water supply system;
- Restoration of worn sections of water pipes.
- Update of hardware and equipment.
- Installation and replacement of water meters for hot and cold water.
- Replacement of plumbing (if any) in common areas.
9. Repair of the power supply system:
- Maintenance and replacement of floor and common house electricity meters.
- Replacement of lighting fixtures in common areas.
- Installation of anti-vandal complexes and energy-saving devices.
10. Disinfection and reconstruction of garbage chutes (if any).
11. Installation of floor-by-floor fire-fighting complexes and alarms.
12. Reconstruction of the uninterrupted operation of the gas supply system, transfer of gas pipe locations, replacement and installation of new equipment.
13. Partial renovation or complete replacement of elevators and elevator shafts, providing access to elevators for people with limited mobility.
An important feature of the overhaul is that it is aimed at improving or replacing property that belongs to all residents of an apartment building on the basis of common ownership. The money collected from receipts cannot be spent on cosmetic repairs and decoration of private apartments. The only case when this happens is the restoration of the finish in the apartment if it is damaged during replacement when replacing plumbing and pipes.
How is a repair decision made?
In order to draw a conclusion that some important elements of the house need major repairs, it is necessary to convene a commission that analyzes the performance of all elements and systems of an apartment building and identifies negative factors worsening the condition of these elements.
At the same time, an assessment of all elements and structures should be carried out in accordance with the technical passport of the house, the percentage of their wear and tear is indicated.
The general meeting of residents must make a written decision on the need for a major overhaul based on the assessments and expertise received. The meeting decides how such repairs will be financed and what works are included in the overhaul of the apartment building to improve its current condition.
An example of self-organization of tenants in the video:
The overhaul is aimed not only at restoring the performance of existing systems, but also improving them with high-tech materials and new products and increasing the life of the building.
Prior to the entry into force of the Federal Law of the Russian Federation of December 25, 2012 No. 271-FZ “On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation and Recognition as Invalid separate provisions Legislative Acts of the Russian Federation” (hereinafter Law No. 271-FZ) overhaul of apartment buildings helped to carry out the housing and communal services fund. Now the fund will only sponsor the resettlement of citizens from dilapidated and dilapidated housing. After entry into force Federal Law No. 271-FZ owners of housing in apartment buildings will pay for major repairs. Repair payments are mandatory. The amount of the monthly fee in each region is set separately and will vary from 5 to 7 rubles with square meter.
Let's look at the pros and cons of Federal Law No. 271-FZ how this will affect the wallets of ordinary citizens. New law, in fact, did not introduce a new norm into civil law, since the Civil Code of the Russian Federation (Article 210) and the LC RF (Clause 1, Article 158) clearly state:
Owners are responsible for the maintenance of owned housing. In other words, a person who has bought, privatized or otherwise acquired the right to own an apartment in an apartment building receives not only rights, but also obligations to maintain housing in proper condition (repair of the roof, facade, foundation, etc.).
Law No. 271-FZ, recognizing the payment for overhaul as mandatory for all owners, is aimed at creating a clear mechanism that will allow overhaul of all housing stock in a planned manner.
In case of misuse of funds collected for the overhaul of apartment buildings, federal law No. 271-FZ provides for the following solutions:
1st option: By the end of 2013, the regions of the Russian Federation must create a capital repair fund and establish a state enterprise - a regional operator. The regional operator will carry out capital repairs using the funds that will go to the fund according to the plan, which will include each apartment building in the constituent entity of the Russian Federation. Authorities will compile such lists local government. The registers will be in the public domain, and every citizen will be able to follow the progress of the queue for repairs. Each region will set its own fee for residents, but the federal and regional budgets will co-finance capital repairs.
This option fundraising actually contradicts the Civil Code of the Russian Federation and the Constitution of the Russian Federation. As noted above, the owner bears the burden of maintaining his own property, but not someone else's. As a general rule, officials allow the use of collected funds from one house for the overhaul of another, according to the approved schedule. One can only guess how the queue will be formed, and who will receive assistance in the first place, and whose house will be repaired in 10 years;
2nd option: The HOA has the right to open its own special account, to which the owners will transfer contributions for capital repairs in order to form a capital repair fund. At the same time, funds from such an account can only be used for major repairs and for nothing else.
If the Management Company arbitrarily increases the amount of the contribution for capital repairs, the owners can apply to the court to protect their interests.
Video: Discussion of the law on payments for capital repairs in 2016. Is it possible to “not pay capital repairs contributions” from July 2015
Should I pay for a major home renovation in 2016?
After the entry into force of Law No. 271-FZ, owners of housing in apartment buildings will pay for major repairs. Overhaul payments are mandatory.
The amount of the monthly fee in each region is set separately and will vary from 5 to 7 rubles per square meter.
Local self-government bodies are required to create a capital repair fund and appoint a regional operator who will repair the housing stock and publish information on the state of the repaired houses on the Internet in a timely manner.
At first glance, everything is very clear, moreover, in some regions, even before the adoption of this law, the owners paid for the overhaul of residential buildings, but there are many speculations and rumors around this document about how this money will be collected and spent.
So, for example, it was not clear what fate awaits the money contributed by the tenants: whether they would put it on a separate bank account and repair only a specific house on it, or whether the authorities would create a “common pot”, the finances from which would be spent as needed.
Is there a way to avoid paying contributions for the overhaul of apartment buildings?
The law provides for three possibilities not to pay.
- You can not pay if the house is recognized as emergency.
- Because according to the new law on overhaul, the decision is made by the tenants themselves, then by a common decision the payment collection process can be stopped by collecting the required amount.
- Use as contributions the funds from the rental of non-residential premises in the house (if it is common house property) and the rental of facades of the house for advertising.
As you can see, all of the above methods are just small exceptions to the rule. True, now at the level of the Russian government the issue of exemption from payment of tenants of new buildings is being discussed.
What happens to those who don't pay?
The overhaul fee will appear on the total invoice for utilities. However, Muscovites theoretically have the right to pay the receipt not in full. At the same time, the regional overhaul fund says that debtors will be dealt with according to the work done by others. communal organizations scheme - first send them notices, and then sue them. And the amount collected through the court will include interest and court costs. Therefore, it is better not to postpone payments and pay all contributions on time.
Is it possible to apply for a subsidy for the overhaul contribution?
Yes, there is such a possibility. The contribution is considered a payment for utility services. Therefore, if, with its advent, your payment for these services exceeds the standard for the maximum allowable share of citizens' expenses on housing and communal services, you will be entitled to apply for a subsidy.
What will happen if tenants paid contributions for repairs, and then their house is recognized as emergency?
Today it is one of the most difficult questions. According to the law, from the day the house is recognized as emergency, tenants will be exempted from contributions for overhaul. However, the funds collected in the common cauldron of the overhaul program cannot be directed to the resettlement of the house. Meanwhile, the resettlement program emergency houses for the time being, the funds from the federal budget are calculated only until 2015.
AT recent times a fraud scheme has appeared in which you can lose your housing, even if you have a certificate of ownership of the apartment in your hands (lying at home). Attackers simply enter into a contract of sale on your behalf, and the certificate is received as a duplicate.
(as amended on 06/29/2015)
»On Amending the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation and Recognizing Certain Provisions of Legislative Acts of the Russian Federation as Invalid»
Federal Law No. 271-FZ of December 25, 2012
(as amended on 06/29/2015)
"On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation and Recognizing as Invalid Certain Provisions of Legislative Acts of the Russian Federation"
RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT CHANGES
IN THE HOUSING CODE OF THE RUSSIAN FEDERATION AND SEPARATE
LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION AND RECOGNITION
VOID CERTAIN PROVISIONS OF LEGISLATIVE
ACTS OF THE RUSSIAN FEDERATION
Federation Council
List of changing documents
(as amended by Federal Law No. 176-FZ of June 29, 2015)
Include in the Housing Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2005, N 1, Art. 14; 2006, N 1, Art. 10; N 52, Art. 5498; 2007, N 1, Art. 13, 14, 21; N 43, item 5084; 2008, N 17, item 1756; N 20, item 2251; N 30, item 3616; 2009, N 23, item 2776; N 39, item 4542; N 48, item 5711; N 51, item 6153; 2010, N 19, item 2278; N 31, item 4206; N 49, item 6424; 2011, N 23, item 3263; N 30, item 4590; N 49, items 7027, 7061; N 50, items 7337, 7343, 7359; 2012, N 10, item 1163; N 14, item 1552; N 24, item 3072; N 26, item 3446; N 27, article 3587; N 31, article 4322) the following changes:
1) Article 2 shall be supplemented with paragraph 6.1 of the following content:
"6.1) organize the provision of timely overhaul of common property in apartment buildings at the expense of contributions from the owners of premises in such houses for the overhaul of common property in apartment buildings, budgetary funds and other sources of funding not prohibited by law;";
2) in paragraph 1 of Article 4:
a) Clause 11 shall be supplemented with the words “including the payment of a contribution for the overhaul of common property in an apartment building (hereinafter also referred to as the contribution for overhaul)”;
b) add clause 11.1 with the following content:
"11.1) formation and use of the fund for the overhaul of common property in an apartment building (hereinafter referred to as the capital repair fund);";
3) in Article 12:
a) add paragraph 10.1 with the following content:
"10.1) determining the procedure for establishing the need for a major overhaul of common property in an apartment building;";
b) add paragraph 16.4 with the following content:
"16.4) monitoring the use of the housing stock and ensuring its safety;";
c) add paragraph 16.5 with the following content:
d) add paragraph 16.6 with the following content:
"16.6) monitoring the choice and implementation by the owners of premises in an apartment building of the method of forming a capital repair fund;";
4) Article 13 shall be supplemented with paragraph 8.2 of the following content:
"8.2) establishment of the minimum amount of contribution for capital repairs;";
5) Article 19 shall be supplemented with part 6 of the following content:
“6. Monitoring of the use of the housing stock and ensuring its safety is carried out by the federal executive body authorized by the Government of the Russian Federation in the manner established by the Government of the Russian Federation.”;
6) in Article 20:
a) part 1, after the words "use and maintenance of the common property of the owners of premises in apartment buildings," add the words "formation of capital repairs funds,", after the words "provision of public services to owners and users of premises in apartment buildings and residential buildings", add the words ", specialized non-profit organizations which carry out activities aimed at ensuring the overhaul of common property in apartment buildings (hereinafter referred to as the regional operator)”;
b) Part 3 after the words “inspections of legal entities” shall be supplemented with the words “(except for regional operators)”, supplemented with the following sentence: “Relations related to the implementation of state housing supervision in relation to the activities of regional operators, the organization and conduct of their inspections are the provisions of the said Federal Law, taking into account the specifics provided for by Part 4.3 of this Article.”;
c) add part 4.3 with the following content:
“4.3. Checks of the activities of regional operators are carried out at any frequency and without the formation of an annual plan scheduled inspections. The period of inspections is not limited. Unscheduled inspections of regional operators are carried out without the consent of the prosecution authorities and without prior notification of regional operators about such inspections.”;
7) supplement Article 36.1 with the following content:
“Article 36.1. General funds held in a special account
1. The owners of premises in an apartment building own the rights to the funds held on a special account intended for transferring funds for the overhaul of common property in an apartment building and opened with a credit institution (hereinafter referred to as a special account), and formed from contributions to capital repairs, interest paid in connection with improper performance of the obligation to pay such contributions, and interest accrued by the credit institution for the use of funds in a special account.
2. The share of the owner of premises in an apartment building in the right to funds held in a special account is proportional to total size capital repair contributions paid by the owner of such premises and the previous owner of such premises.
3. The right of the owner of premises in an apartment building to a share of funds held in a special account follows the fate of the ownership of such premises.
4. Upon transfer of ownership of a premise in an apartment building, the share of the new owner of such premise in the right to funds held in a special account is equal to the share in the right to the said funds of the previous owner of such premises.
5. The owner of premises in an apartment building is not entitled to demand the allocation of his share of funds held in a special account.
6. When acquiring ownership of premises in an apartment building, a share in the right to funds held in a special account shall be transferred to the purchaser of such premises.
7. The terms of the agreement, according to which the transfer of ownership of the premises in an apartment building is not accompanied by the transfer of a share in the right to funds held in a special account, are void.”;
In part 2 of article 44:
a) clause 1 shall be supplemented with the words “on the use of the capital repair fund”;
b) add paragraph 1.1 with the following content:
"1.1) making decisions on the choice of the method of forming the capital repair fund, the amount of the contribution for capital repairs in terms of exceeding its size over the established minimum contribution for capital repairs, the minimum amount of the capital repair fund in terms of exceeding its size over the established minimum size of the capital repair fund ( if the law of the subject of the Russian Federation establishes minimum size overhaul fund), choosing a person authorized to open a special account and perform operations with funds held in a special account;”;
c) add paragraph 1.2 with the following content:
“1.2) making decisions on obtaining by a homeowners association or a housing construction cooperative, a housing cooperative or other specialized consumer cooperative, a managing organization and with the direct management of an apartment building, the owners of premises in this house by a person authorized by the decision of the general meeting of such owners, a loan or loan for overhaul of common property in an apartment building, on determining the essential terms of a loan agreement or loan agreement, on the receipt by these persons of a guarantee, surety for this loan or loan and on the conditions for obtaining the said guarantee, surety, as well as repayment at the expense of the capital repair fund of a loan or a loan used to pay the costs of major repairs of common property in an apartment building, and on the payment of interest for the use of this loan or loan, payment at the expense of the capital repairs fund of the costs of obtaining these guarantees, the guarantor stva;";
9) point 5 of part 2 of article 153 add the words "subject to the rule established by paragraph 3 of Article 169 of this Code";
10) Part 2 of Article 154 shall be stated as follows:
"2. The payment for housing and utilities for the owner of premises in an apartment building includes:
1) payment for the maintenance and repair of residential premises, including payment for services and work on the management of an apartment building, maintenance, current repairs of common property in an apartment building;
2) contribution for capital repairs;
3) utility bills.”;
11) in Article 155:
a) in Part 5, the words “current and capital” shall be replaced by the words “and current”, supplemented with the words “, including paying contributions for capital repairs in accordance with Article 171 of this Code”;
b) Part 6 shall be supplemented with the words ", including paying contributions for capital repairs in accordance with Article 171 of this Code";
c) in Part 7, the words “in the case provided for by Part 7.1 of this Article” shall be replaced by the words “cases provided for by Part 7.1 of this Article and Article 171 of this Code”;
d) Part 14 after the word “(debtors)” shall be supplemented with the words “(except for capital repairs contributions)”;
e) add part 14.1 with the following content:
“14.1. Owners of premises in an apartment building, who have not paid their contributions for capital repairs on time and (or) not in full, are obliged to pay interest to the capital repairs fund in the amount established in the manner prescribed by part 14 of this article. The said interest shall be paid in accordance with the procedure established for the payment of contributions for capital repairs.”;
12) article 156:
a) add part 8.1 of the following content:
“8.1. The minimum amount of the contribution for capital repairs is established by the regulatory legal act of the constituent entity of the Russian Federation in accordance with the methodological recommendations approved by the federal executive body authorized by the Government of the Russian Federation, in the manner established by the law of the constituent entity of the Russian Federation, based on the total area occupied by the premises in an apartment building owned by the owner such premises, and can be differentiated depending on the municipality in which the apartment building is located, taking into account its type and number of storeys, the cost of overhaul of individual elements of building structures and engineering systems of an apartment building, the standard terms for their effective operation before the next overhaul (normative overhaul periods), as well as taking into account the list of works on capital repair of common property in an apartment building.
b) add part 8.2 with the following content:
“8.2. The owners of premises in an apartment building may decide to establish a contribution for major repairs in an amount exceeding the minimum amount of such a contribution established by a regulatory legal act of a constituent entity of the Russian Federation.”;
13) in Article 158:
a) Part 1 shall be supplemented with the words “and contributions for capital repairs”;
b) part 2 shall be stated as follows:
"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.”;
c) Part 3 shall be supplemented with the words “including the obligation not fulfilled by the previous owner to pay contributions for capital repairs”;
14) in article 159:
a) in part 6, the second sentence shall be amended as follows: “The size of the regional standard for the cost of housing and communal services is established for the persons specified in paragraphs 1-3 of part 2 of this article, based on the amount of payment for the use of residential premises (rent) for tenants under social tenancy agreements living in residential premises located in apartment buildings, the level of improvement, the design and technical parameters of which correspond to the average conditions in the municipality, the amount of the fee used to calculate the fee for the maintenance and repair of the residential premises for the indicated tenants, prices, tariffs and norms for the consumption of utilities used to calculate fees for utilities for these tenants. ”, supplement with the following sentence: “The size of the regional standard for the cost of housing and communal services is established for owners of residential premises based on the amount of the fee used for calculating and fees for the maintenance and repair of residential premises for the specified tenants, the minimum contribution for major repairs (when paid in accordance with this Code contributions for major repairs), prices, tariffs for resources necessary for the provision of public services, and standards for the consumption of public services, used to calculate utility bills for specified tenants.”;
b) part 11 after the words "the cost of housing and communal services" shall be supplemented with the words "including the cost of housing and communal services for owners of residential premises who, in accordance with this Code, pay contributions for major repairs,";
15) add Section IX with the following content:
"Section IX. ORGANIZATION OF MAJOR REPAIRS
COMMON PROPERTY IN APARTMENT BUILDINGS
Chapter 15. GENERAL PROVISIONS ON MAJOR REPAIRS
COMMON PROPERTY IN APARTMENT BUILDINGS AND ORDER
ITS FINANCING
Article 166
1. The list of services and (or) works for the overhaul of common property in an apartment building, the provision and (or) implementation of which is financed from the funds of the overhaul fund, formed on the basis of the minimum contribution for overhaul established by the regulatory legal act of the constituent entity of the Russian Federation , includes:
1) repair of intra-house engineering systems of electricity, heat, gas, water supply, sanitation;
2) repair or replacement of elevator equipment recognized as unsuitable for operation, repair of elevator shafts;
3) repair of the roof, including the conversion of a non-ventilated roof to a ventilated roof, arrangement of exits to the roof;
4) repair basements relating to common property in an apartment building;
5) insulation and facade repair;
6) installation of collective (common house) metering devices for the consumption of resources necessary for the provision of public services, and control units and regulation of the consumption of these resources (thermal energy, hot and cold water, electricity, gas);
7) repair of the foundation of an apartment building.
2. A regulatory legal act of a constituent entity of the Russian Federation lists services and (or) works for the overhaul of common property in an apartment building financed from the funds of the capital repairs fund, the amount of which is formed based on the minimum contribution for capital repairs established by the regulatory legal act of the constituent entity of the Russian Federation Federation, may be supplemented by other types of services and (or) works.
3. If the owners of premises in an apartment building make a decision to establish a contribution for capital repairs in an amount exceeding the minimum contribution for capital repairs, the part of the capital repairs fund formed from this excess, by decision of the general meeting of owners of premises in an apartment building, can be used to finance any services and (or) work on the overhaul of common property in an apartment building.
4. List of services and (or) work on the overhaul of common property in an apartment building that can be financed from the funds state support provided by the subject of the Russian Federation is determined by the regulatory legal act of the subject of the Russian Federation.
Article 167
Organs state power of the constituent entity of the Russian Federation adopt regulatory legal acts that are aimed at ensuring timely overhaul of common property in apartment buildings located on the territory of the constituent entity of the Russian Federation, and which:
1) the minimum amount of the contribution for the overhaul of common property in an apartment building is established;
2) the procedure for monitoring the technical condition of apartment buildings is established;
3) a regional operator is created, the issue of forming its property is resolved, the constituent documents of the regional operator are approved, the procedure for the activity of the regional operator is established;
4) the procedure and conditions for the provision of state support for the overhaul of common property in apartment buildings, including the provision of guarantees, guarantees for loans or loans, are approved, if the appropriate funds for the implementation of this support are provided for by the law of the subject of the Russian Federation on the budget of the subject Russian Federation;
5) establishes the procedure for the preparation and approval of regional programs for the overhaul of common property in apartment buildings, as well as the requirements for these programs;
6) establishes the procedure for the provision by the person in whose name the special account is opened (hereinafter referred to as the owner of the special account) and the regional operator of the information to be provided in accordance with Part 7 of Article 177 and Article 183 of this Code, a list of other information to be provided by the said persons, and the procedure for providing such information;
7) establishes the procedure for payment by the owner of a special account and (or) the regional operator of capital repair fund funds to owners of premises in an apartment building, as well as the procedure for using capital repair fund funds for the purpose of demolition or reconstruction of an apartment building in cases provided for by this Code;
The procedure for exercising control over the targeted spending of funds generated from contributions for major repairs and ensuring the safety of these funds is established.
Article 168
1. The highest executive bodies of state power of the constituent entities of the Russian Federation approve regional programs for the overhaul of common property in apartment buildings in order to plan and organize the overhaul of common property in apartment buildings, plan the provision of state support, municipal support for the overhaul of common property in apartment buildings at the expense of the budgets of the constituent entities of the Russian Federation, local budgets (hereinafter referred to as state support, municipal support for major repairs).
2. The regional program for the overhaul of common property in multi-apartment buildings (hereinafter referred to as the regional overhaul program) is formed for the period necessary for the overhaul of common property in all multi-apartment buildings located on the territory of a constituent entity of the Russian Federation, and includes:
1) a list of all apartment buildings located on the territory of a constituent entity of the Russian Federation, with the exception of apartment buildings recognized as emergency and subject to demolition in accordance with the procedure established by the Government of the Russian Federation;
2) a list of services and (or) work on the overhaul of common property in apartment buildings;
3) the planned year for the overhaul of common property in apartment buildings;
4) other information to be included in the regional overhaul program in accordance with the regulatory legal act of the constituent entity of the Russian Federation.
3. The sequence of capital repairs of common property in apartment buildings is determined in the regional capital repairs program based on the criteria established by the law of the subject of the Russian Federation and can be differentiated by municipalities. As a matter of priority, the regional overhaul program should provide for the overhaul of:
1) common property in multi-apartment buildings in which major repairs were required on the date of privatization of the first residential premises, provided that such major repairs were not carried out as of the date of approval or updating of the regional major repairs program;
2) apartment buildings, the overhaul of which is required in order to establish the need for a major overhaul of common property in an apartment building, approved by the Government of the Russian Federation.
4. Changes to the regional overhaul program to transfer due date overhaul of common property in an apartment building for a later period, reduction of the list of planned types of services and (or) work on overhaul of common property in an apartment building is not allowed, unless the owners of the premises in this apartment building make an appropriate decision.
5. The regional overhaul program is subject to updating at least once a year.
6. The procedure for the preparation and approval of regional programs for capital repairs and the requirements for such programs are established by the law of the constituent entity of the Russian Federation in accordance with this Code.
7. In order to implement the regional capital repair program, specify the timing of the overhaul of common property in apartment buildings, clarify the planned types of services and (or) work on the overhaul of common property in apartment buildings, determine the types and volume of state support, municipal support for capital repairs public authorities of the constituent entity of the Russian Federation, local governments are obliged to approve short-term (up to three years) plans for the implementation of the regional capital repair program in the manner prescribed by the regulatory legal act of the constituent entity of the Russian Federation.
Article 169
1. The owners of premises in an apartment building are obliged to pay monthly contributions for the overhaul of common property in an apartment building, except for the cases provided for by part 2 of this article, part 8 of article 170 and part 4 of article 181 of this Code, in the amount established in accordance with part 8.1 of Article 156 of this Code, or, if the relevant decision is made by the general meeting of owners of premises in an apartment building, in a larger amount.
2. Contributions for major repairs are not paid by the owners of premises in an apartment building recognized as emergency and subject to demolition in accordance with the procedure established by the Government of the Russian Federation, as well as in the event that an executive body of state power or a local self-government body decides to withdraw a land plot for state or municipal needs, on which this apartment building is located, and on the seizure of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipality. The owners of premises in an apartment building are exempted from the obligation to pay contributions for major repairs starting from the month following the month in which the decision to withdraw such a land plot was made.
3. The obligation to pay contributions for major repairs arises for the owners of premises in an apartment building after four calendar months, unless an earlier date is established by the law of a constituent entity of the Russian Federation, starting from the month following the month in which the approved regional program for capital repairs was officially published. renovation, which includes this apartment building.
4. Income from the transfer for use of common property in an apartment building, funds from a homeowners association, including income from economic activity associations of homeowners, may be directed by the decision of the owners of premises in an apartment building, by the decision of members of the association of homeowners adopted in accordance with this Code, the charter of the association of homeowners, to form a capital repair fund to fulfill the obligation of the owners of premises in an apartment building to pay contributions for overhaul.
Article 170
1. Contributions for major repairs paid by the owners of premises in an apartment building, interest paid by the owners of such premises in connection with their improper fulfillment of their obligation to pay contributions for major repairs, interest accrued for the use of funds held on a special account form the capital fund. repair.
2. The size of the capital repair fund is calculated as the sum of the proceeds to the fund specified in Part 1 of this Article, minus the amounts transferred at the expense of the capital repair fund in payment for the cost of services rendered and (or) work performed on the capital repair of common property in an apartment building and advance payments for the specified services and (or) works.
3. The owners of premises in an apartment building have the right to choose one of the following methods of forming a capital repair fund:
1) transfer of contributions for capital repairs to a special account in order to form a capital repair fund in the form of funds held on a special account (hereinafter - the formation of a capital repair fund on a special account);
2) transfer of contributions for capital repairs to the account of the regional operator in order to form a capital repair fund in the form of obligations of owners of premises in an apartment building in relation to the regional operator (hereinafter - the formation of a capital repair fund on the account of the regional operator).
4. If the owners of premises in an apartment building have chosen to form the capital repair fund on a special account as a method of forming the capital repair fund, the decision of the general meeting of owners of premises in an apartment building must determine:
1) the amount of the monthly contribution for capital repairs, which should not be less than the minimum contribution for capital repairs established by a regulatory legal act of a constituent entity of the Russian Federation;
2) - 3) have become invalid. - Federal Law of June 29, 2015 N 176-FZ;
4) the holder of a special account;
5) a credit institution in which a special account will be opened. If a regional operator is identified as the owner of a special account, the credit institution chosen by the owners of premises in an apartment building must carry out activities to open and maintain special accounts on the territory of the corresponding subject of the Russian Federation. If the owners of premises in an apartment building have not chosen a credit institution in which a special account will be opened, or if this credit institution does not meet the requirements specified in this paragraph and part 2 of Article 176 of this Code, the question of choosing a credit institution in which a special account is opened, is considered transferred to the discretion of the regional operator.
5. The decision to determine the method of forming the capital repair fund must be made and implemented by the owners of premises in an apartment building within the period established by the state authority of the subject of the Russian Federation, but not more than two months after the official publication of the approved subject of the Russian Federation in the statutory the order of the regional capital repair program, which includes an apartment building, in respect of which the issue of choosing the method of forming its capital repair fund is being decided. In order to implement the decision to form a capital repair fund on a special account opened in the name of the regional operator, the owners of premises in an apartment building must send to the regional operator a copy of the minutes of the general meeting of such owners who issued this decision.
6. Not later than one month before the expiration of the period established by part 5 of this article, the local government convenes a general meeting of owners of premises in an apartment building to decide on the choice of a method for forming a capital repair fund, if such a decision has not been made earlier.
7. In the event that the owners of premises in an apartment building did not choose the method of forming the capital repair fund within the period established by part 5 of this article or the method chosen by them was not implemented within the period established by part 5 of this article, and in cases provided for by part 7 of the article 189 of this Code, the local government decides on the formation of a capital repair fund in relation to such a house on the account of the regional operator.
8. The law of the subject of the Russian Federation may establish the minimum amount of capital repairs funds in relation to apartment buildings, the owners of premises in which form these funds on special accounts. The owners of premises in an apartment building have the right to set the amount of the overhaul fund for their home in an amount greater than the established minimum amount of the overhaul fund. Upon reaching the minimum capital repair fund, the owners of premises in an apartment building at a general meeting of such owners have the right to decide to suspend the obligation to pay capital repairs contributions, with the exception of owners who are in arrears in paying these contributions.
Article 171
1. In the event of the formation of a capital repair fund on the account of a regional operator, the owners of premises in an apartment building pay contributions for capital repairs on the basis of payment documents submitted by the regional operator, within the time limits established for making payments for housing and utilities, unless otherwise provided by law subject of the Russian Federation.
2. In the event that a capital repair fund is formed on a special account opened in the name of a person specified in paragraph 3 of Article 175 of this Code, contributions for capital repairs are paid to such a special account within the time limits established for making payments for housing and communal services.
Article 172. Control over the formation of the capital repair fund
1. The owner of a special account, within five working days from the date of opening a special account, is obliged to submit to the state housing supervision body a notification on the method of formation of the capital repair fund chosen by the owners of the premises in the relevant apartment building, attaching a copy of the minutes of the general meeting of owners of the premises in this apartment building on acceptance decisions provided for by parts 3 and 4 of Article 170 of this Code, a bank certificate on opening a special account, unless otherwise provided by the law of the subject of the Russian Federation.
2. The regional operator is obliged to submit to the body of state housing supervision in the manner and within the time limits established by the law of the constituent entity of the Russian Federation, provided by the law of the constituent entity of the Russian Federation, information on apartment buildings, the owners of premises in which form capital repair funds on the account, accounts of the regional operator, and also on the receipt of contributions for major repairs from the owners of premises in such apartment buildings.
3. The owner of a special account is obliged to submit to the body of state housing supervision in the manner and within the time limits established by the law of the constituent entity of the Russian Federation, information on the receipt of contributions for major repairs from the owners of premises in an apartment building, on the amount of the balance of funds on the special account.
4. The state housing supervision body maintains a register of notifications specified in paragraph 1 of this article, a register of special accounts, informs the local government body and the regional operator about multi-apartment buildings, the owners of the premises in which have not chosen the method of forming capital repairs funds and (or) have not implemented it .
5. The body of state housing supervision provides the information specified in parts 1 - 4 of this article to the federal executive body that performs the functions of developing and implementing state policy and legal regulation in the field of socio-economic development of the constituent entities of the Russian Federation and municipalities, construction, architecture, urban planning (with the exception of state technical accounting and technical inventory of capital construction projects) and housing and communal services, in the manner established by this federal body.
Article 173
1. The method of forming the capital repair fund may be changed at any time based on the decision of the general meeting of owners of premises in an apartment building.
2. In the event that for the overhaul of common property in an apartment building a credit, loan is provided and not returned, or there is a debt payable at the expense of the capital repairs fund for payment for the services rendered and (or) work performed on the overhaul of common property in an apartment building , a change in the method of forming the capital repair fund in relation to this apartment building is allowed subject to the full repayment of such debt.
3. If the formation of a capital repair fund is carried out on the account of a regional operator, in order to change the method of formation of the capital repair fund, the owners of premises in an apartment building must make a decision in accordance with part 4 of Article 170 of this Code.
4. The decision of the general meeting of owners of premises in an apartment building to change the method of forming a capital repair fund within five working days after the adoption of such a decision is sent to the owner of a special account to which contributions for the capital repair of common property in such an apartment building are transferred, or to a regional operator, to account to which these payments are made.
5. The decision to terminate the formation of a capital repair fund on the account of a regional operator and the formation of a capital repair fund on a special account shall enter into force two years after the decision of the general meeting of owners of premises in an apartment building is sent to the regional operator in accordance with part 4 of this article, if a shorter period not established by the law of the constituent entity of the Russian Federation, but not earlier than the occurrence of the condition specified in part 2 of this article. Within five days after the entry into force of the said decision, the regional operator transfers the funds of the capital repairs fund to a special account.
6. The decision to terminate the formation of a capital repair fund on a special account and the formation of a capital repair fund on the account of a regional operator shall enter into force one month after the decision of the general meeting of owners of premises in an apartment building is sent to the owner of the special account in accordance with part 4 of this article, but not before the occurrence of the condition specified in paragraph 2 of this article. Within five days after the entry into force of the said decision, the owner of the special account transfers the funds of the capital repairs fund to the account of the regional operator.
Article 174
1. Funds from the Capital Repair Fund may be used to pay for services and (or) work on capital repairs of common property in an apartment building, development of project documentation (if the preparation of project documentation is necessary in accordance with the legislation on urban planning), payment for services for construction control, repayment of credits, loans received and used in order to pay for the specified services, works, as well as to pay interest for the use of such credits, loans, payment of expenses for obtaining guarantees and guarantees for such credits, loans. At the same time, at the expense of the overhaul fund, within the amount formed on the basis of the minimum contribution for overhaul established by the regulatory legal act of the subject of the Russian Federation, only the works provided for by Part 1 of Article 166 of this Code and the works provided for by the law of the subject may be financed. Russian Federation, repayment of credits, loans received and used to pay for these works, and payment of interest for the use of these credits, loans.
2. If an apartment building is recognized as emergency and subject to demolition or reconstruction, the funds of the capital repair fund are used for the purpose of demolition or reconstruction of this apartment building in accordance with parts 10 and 11 of Article 32 of this Code by decision of the owners of premises in this apartment building, and in case of withdrawal for state or municipal needs of the land plot on which this apartment building is located, and, accordingly, the withdrawal of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipality, the funds of the capital repairs fund are distributed between the owners of premises in this apartment building in proportion to the amount of contributions paid by them for capital repairs and contributions for capital repairs paid by the previous owners of the respective premises.
Chapter 16. FORMATION OF THE CAPITAL REPAIR FUND
ON A SPECIAL ACCOUNT
Article 175. Special account
1. A special account is opened with a bank in accordance with the Civil Code of the Russian Federation and the specifics established by this Code. Funds deposited into a special account shall be used for the purposes specified in Article 174 of this Code.
2. The owner of a special account may be:
1) an association of homeowners managing an apartment building and established by the owners of premises in one apartment building or several apartment buildings, the number of apartments in which is not more than thirty in total, if these houses are located on land plots that, in accordance with those contained in the state real estate cadastre documents have a common border and within which there are networks of engineering and technical support, other infrastructure elements that are intended for joint use by owners of premises in these houses;
2) a housing cooperative or other specialized consumer cooperative that manages an apartment building.
3. The owners of premises in an apartment building have the right to decide on the choice of a regional operator as the owner of a special account.
4. The owners of premises in an apartment building have the right to form a capital repair fund on only one special account. On a special account, funds from the overhaul fund of owners of premises in only one apartment building can be accumulated.
5. The special account agreement is open-ended.
6. Funds held in a special account cannot be levied on the obligations of the owner of this account, with the exception of obligations arising from contracts concluded on the basis of decisions of the general meeting of owners of premises in an apartment building specified in clause 1.2 of part 2 of article 44 of this Code, as well as contracts for the provision of services and (or) the performance of work on the overhaul of common property in this apartment building, concluded on the basis of a decision of the general meeting of owners of premises in an apartment building to carry out a major overhaul or on another legal basis.
Article 176. Peculiarities of opening and closing a special account
1. A special account is opened in the name of the person specified in parts 2 and 3 of Article 175 of this Code, upon presentation of the decision of the general meeting of owners of premises in an apartment building, drawn up in minutes, adopted in accordance with paragraph 1.1 of part 2 of Article 44 of this Code, and other documents, prescribed by banking rules.
2. A special account may be opened with Russian credit institutions whose own funds (capital) amount to at least twenty billion rubles. The Central Bank of the Russian Federation quarterly publishes information on credit institutions that meet the requirements established by this part on its official website on the Internet.
3. The special account agreement may be terminated at the request of the owner of the special account if there is a decision of the general meeting of owners of premises in an apartment building, drawn up in the minutes, to change the method of forming the capital repair fund, to replace the owner of the special account or a credit institution, provided that there is no outstanding debt on the received in this a credit institution for a loan for the overhaul of common property in an apartment building.
4. The balance of funds upon closing a special account is transferred at the request of the owner of a special account:
1) to the account of the regional operator in case of a change in the method of formation of the capital repair fund;
2) to another special account in case of replacement of the owner of a special account or a credit institution based on the decision of the general meeting of owners of premises in the relevant apartment building.
5. The owner of a special account is obliged to submit an application to the bank to terminate the special account agreement and transfer the balance of funds within ten days after receiving the relevant decision of the general meeting of owners of premises in an apartment building. In the event that the owner of the special account does not terminate the agreement of the special account or does not submit an application for transferring the balance of funds on the special account to the account of the regional operator or another special account in accordance with the decision of the general meeting of owners of premises in an apartment building, within the period established of this part, any owner of premises in an apartment building, and in the case provided for by clause 1 of part 4 of this article, also a regional operator has the right to apply to the court for the recovery of funds on a special account of this apartment building, transferring them to another special account or to the account of the regional operator.
Article 177. Operations on a special account
1. The following operations can be performed on a special account:
1) write-off of funds related to settlements for services rendered and (or) work performed on the overhaul of common property in an apartment building and settlements for other services and (or) works specified in Part 1 of Article 174 of this Code;
2) writing off funds to repay credits, loans received to pay for services and (or) works specified in Part 1 of Article 174 of this Code, payment of interest for the use of such credits, loans, payment of expenses for obtaining guarantees and guarantees for such credits , loans;
3) in the event of a change of a special account, the transfer of funds held on this special account to another special account and crediting to this special account of funds debited from another special account, based on the decision of the owners of premises in an apartment building;
4) in the event of a change in the method of formation of the capital repair fund, the transfer of funds to the account of the regional operator and the crediting of funds received from the regional operator, based on the decision of the owners of premises in an apartment building;
5) crediting contributions for major repairs, accrual of interest for improper performance of the obligation to pay such contributions;
6) accrual of interest for the use of funds and write-off of commission in accordance with the terms of the special account agreement;
7) transfer of funds held on this special account in the cases provided for by paragraph 2 of Article 174 of this Code;
Other operations for debiting and crediting funds related to the formation and use of funds from the capital repairs fund in accordance with this Code.
2. Operations on a special account that are not provided for by part 1 of this article are not allowed.
3. The bank, in accordance with the procedure established by this article, banking rules and the special account agreement, is obliged to ensure that the operations carried out on the special account comply with the requirements of this Code.
4. Operations to transfer funds from a special account may be carried out by a bank at the direction of the owner of a special account to persons providing services and (or) performing work on the overhaul of common property in an apartment building, upon submission of the following documents:
1) the minutes of the general meeting of owners of premises in an apartment building, containing the decision of such a meeting on the provision of services and (or) on the performance of work on the overhaul of common property in an apartment building;
2) an agreement on the provision of services and (or) on the performance of work on the overhaul of common property in an apartment building;
3) an act of acceptance of the services rendered and (or) work performed under the contract specified in paragraph 2 of this part. Such an acceptance certificate is not provided in the event of an operation to pay an advance payment for the provision of services and (or) performance of work in the amount of not more than thirty percent of the cost of such services and (or) work under the contract specified in clause 2 of this part.
5. Operations to debit funds from a special account to repay loans, loans and to pay interest on loans, loans received for the overhaul of common property in an apartment building, can be carried out by the bank by order of the owner of the special account on the basis of:
1) minutes of the general meeting of owners of premises in an apartment building, containing the decision of such a meeting on the conclusion of a loan agreement, a loan agreement, respectively, with a bank, lender, indicating this bank, lender, the amount and purpose of the loan, loan;
2) credit agreement, loan agreement.
6. The bank refuses to execute the order of the owner of the special account on the performance of the relevant operation, in confirmation of which the documents specified in parts 4 and 5 of this article are not submitted.
7. The bank in which the special account is opened and the owner of the special account shall provide, at the request of any owner of premises in an apartment building, information on the amount of payments credited to the account of the owners of all premises in an apartment building, on the balance of funds on a special account, on all operations on this special account.
Chapter 17. FORMATION OF CAPITAL REPAIR FUNDS
REGIONAL OPERATOR. ACTIVITIES OF THE REGIONAL
OF THE OPERATOR FOR FINANCING THE MAJOR REPAIRS OF THE GENERAL
PROPERTY IN APARTMENT BUILDINGS
Article 178 Legal status regional operator
1. A regional operator is a legal entity established in the organizational and legal form of a fund.
2. A regional operator is created by a constituent entity of the Russian Federation, and it may create several regional operators, each of which operates on a part of the territory of such a constituent entity of the Russian Federation.
3. The activities of the regional operator are carried out in accordance with federal laws and other regulatory legal acts of the Russian Federation, taking into account the specifics established by this Code, laws adopted in accordance with it and other regulatory legal acts of the constituent entity of the Russian Federation.
4. The regional operator is not entitled to create branches and open representative offices, as well as create commercial and non-commercial organizations, participate in authorized capitals economic companies, property of other commercial and non-commercial organizations.
5. Losses inflicted on the owners of premises in multi-apartment buildings as a result of the regional operator's failure to perform or improper performance of its obligations arising from contracts concluded with such owners in accordance with this Code and the laws of the constituent entity of the Russian Federation adopted in accordance with it, are subject to compensation in the amount of the paid contributions for major repairs in accordance with civil law.
6. The subject of the Russian Federation bears subsidiary liability for non-fulfillment or improper fulfillment by the regional operator of obligations to the owners of premises in apartment buildings.
7. Methodological support for the activities of regional operators (including the development guidelines on the creation of regional operators and ensuring their activities, recommended forms of reporting and the procedure for its submission) is carried out by the federal executive body, which performs the functions of developing and implementing state policy and legal regulation in the field of socio-economic development of the constituent entities of the Russian Federation and municipalities, construction , architecture, urban planning (with the exception of state technical accounting and technical inventory of capital construction projects) and housing and communal services.
Article 179. Property of a regional operator
1. The property of a regional operator is formed at the expense of:
1) contributions of the founder;
2) payments by owners of premises in apartment buildings, forming capital repair funds on the account, accounts of the regional operator;
3) other sources not prohibited by law.
2. The property of a regional operator is used to perform its functions in the manner prescribed by this Code and other regulatory legal acts of the Russian Federation and adopted in accordance with this Code by the law of the subject of the Russian Federation and other regulatory legal acts of the subject of the Russian Federation.
3. Funds received by the regional operator from the owners of premises in multi-apartment buildings that form capital repair funds on the account, accounts of the regional operator, can only be used to finance the cost of capital repairs of common property in these multi-apartment buildings. The use of these funds for other purposes, including the payment of administrative and economic expenses of the regional operator, is not allowed.
4. The funds received by the regional operator from the owners of premises in one multi-apartment buildings, which form capital repair funds on the account, accounts of the regional operator, can be used on a repayable basis to finance the overhaul of common property in other multi-apartment buildings, the owners of premises in which also form funds overhaul on the account, accounts of the same regional operator. At the same time, the law of the constituent entity of the Russian Federation may establish that such use of funds is allowed only if the said apartment buildings are located on the territory of a particular municipality or on the territories of several municipalities.
Article 180. Functions of a regional operator
1. The functions of the regional operator are:
1) accumulation of capital repairs contributions paid by the owners of premises in apartment buildings, in respect of which capital repairs funds are formed on the account, accounts of the regional operator;
2) opening special accounts in their own name and making transactions on these accounts if the owners of premises in an apartment building at a general meeting of owners of premises in an apartment building have chosen a regional operator as the owner of a special account. The regional operator is not entitled to refuse the owners of premises in an apartment building to open such an account in his name;
3) implementation of the functions of a technical customer of work on the overhaul of common property in apartment buildings, the owners of premises in which form overhaul funds on the account, accounts of the regional operator;
4) financing of expenses for the overhaul of common property in apartment buildings, the owners of premises in which form capital overhaul funds on the account, accounts of the regional operator, within the funds of these capital overhaul funds, with the involvement, if necessary, of funds received from other sources, including from the budget of the subject of the Russian Federation and (or) the local budget;
5) interaction with state authorities of the subject of the Russian Federation and local governments in order to ensure timely overhaul of common property in apartment buildings, the owners of premises in which form capital repair funds on the account, accounts of the regional operator;
6) other functions provided for by this Code, the law of the subject of the Russian Federation and the constituent documents of the regional operator.
2. The procedure for the performance by a regional operator of its functions, including the procedure for financing the overhaul of common property in apartment buildings, carried out by it, is established by the law of the subject of the Russian Federation.
Article 181. Formation of capital repair funds on the account of a regional operator
1. Owners of premises in an apartment building who have made a decision to form a capital repair fund on the account of a regional operator, as well as owners of premises in an apartment building who have not made a decision on the method of forming a capital repair fund, in the case provided for by Part 7 of Article 170 of this Code, are obliged conclude an agreement with the regional operator on the formation of a capital repair fund and on the organization of a major overhaul in the manner prescribed by Article 445 of the Civil Code of the Russian Federation. At the same time, the owners of premises in this apartment building, having more than fifty percent of the votes from total number votes of the owners of the premises in this apartment building, act as one side of the contract being concluded.
2. Under an agreement on the formation of a capital repair fund and on the organization of a major repair, the owner of the premises in an apartment building on a monthly basis, within the time limits and in full, established in accordance with Article 171 of this Code, undertakes to make contributions to the account of the regional operator for capital repairs, and the regional operator undertakes ensure the overhaul of the common property in this apartment building within the time frame determined by the regional capital repair program, financing of such a major overhaul and, in the cases provided for by this Code, transfer funds in the amount of the capital repair fund to a special account or pay cash to the owners of the premises in the apartment building funds corresponding to the shares of such owners in the capital repair fund.
3. In the cases provided for by Part 7 of Article 170 of this Code, the regional operator, within ten days after the decision by the local government body to form a capital repair fund in relation to an apartment building, on the account of the regional operator, must send to the owners of premises in this apartment building and (or) to persons managing this apartment building, a draft agreement on the formation of a capital repair fund and on the organization of capital repairs of common property in this apartment building.
4. In the event that before the deadline established by the regional overhaul program for the overhaul of common property in an apartment building, individual works for the overhaul of common property in this apartment building, provided for by the regional program of capital repairs, payment for these works was carried out without the use of budgetary funds and funds of the regional operator, and at the same time, in order to establish the need for a major overhaul of common property in the apartment building, the repeated completion of these works on time established by the regional capital repair program is not required, funds in the amount equal to the cost of these works, but not more than the marginal cost of these works, determined in accordance with Part 4 of Article 190 of this Code, are credited in the manner established by the law of the constituent entity of the Russian Federation, on account of the fulfillment for the future period of obligations to pay contributions for overhaul by the owners of premises in apartment buildings, forming capital overhaul funds on the account, accounts of the regional operator.
Article 182
1. The regional operator shall ensure the overhaul of the common property in an apartment building, the owners of the premises in which form the overhaul fund on the account of the regional operator, in the amount and within the time frame provided for by the regional capital overhaul program, and financing the overhaul of the common property in the apartment building, including in case of insufficiency of the funds of the capital repair fund, at the expense of funds received from payments from owners of premises in other apartment buildings that form capital repair funds on the account, accounts of the regional operator, at the expense of subsidies received from the budget of the constituent entity of the Russian Federation and (or ) local budget.
2. In order to ensure the performance of work on the overhaul of common property in an apartment building, the regional operator is obliged to:
1) within the timeframes provided for by Part 3 of Article 189 of this Code, prepare and send proposals to the owners of premises in an apartment building on the start date for the overhaul, the required list and the scope of services and (or) works, their cost, on the procedure and on the sources of financing of the capital repair of common property in an apartment building and other proposals related to such a major overhaul;
2) ensure the preparation of a task for the provision of services and (or) the performance of major repairs and, if necessary, the preparation of project documentation for major repairs, approve the project documentation, be responsible for its quality and compliance with the requirements of technical regulations, standards and other regulatory documents;
3) engage contractors for the provision of services and (or) performance of capital repairs, conclude relevant contracts with them on their own behalf;
4) control the quality and timing of the provision of services and (or) performance of work by contractors and the compliance of such services and (or) work with the requirements of project documentation;
5) carry out acceptance of the work performed;
6) bear other obligations stipulated by the agreement on the formation of the overhaul fund and on the organization of the overhaul.
3. To perform work that requires a certificate of admission to work issued by a self-regulatory organization that affects the safety of capital construction facilities, the regional operator is obliged to involve in the performance of such work an individual entrepreneur or a legal entity that has an appropriate certificate of admission to such work.
4. The law of the constituent entity of the Russian Federation may provide for cases in which the functions of a technical customer for major repairs of common property in apartment buildings, the owners of premises in which form capital repairs funds on the account, accounts of the regional operator, can be carried out by local governments and (or) municipal budget institutions based on the relevant agreement concluded with the regional operator.
5. The procedure for the involvement of a regional operator, including in the cases provided for by Part 3 of this article, by local governments, municipal budgetary institutions of contractors for the provision of services and (or) the performance of work on the overhaul of common property in an apartment building is established by the subject of the Russian Federation.
6. The regional operator to the owners of premises in an apartment building who form a capital repair fund on the account of a regional operator is liable for non-fulfillment or improper fulfillment of obligations under the agreement on the formation of a capital repair fund and on the organization of capital repairs, as well as for the consequences of non-fulfillment or improper fulfillment obligations for overhaul by contractors engaged by the regional operator.
7. Reimbursement to the regional operator of funds spent on capital repairs of common property in an apartment building in an amount exceeding the size of the capital repairs fund is carried out at the expense of subsequent contributions for capital repairs of the owners of premises in this apartment building.
Article 183. Accounting for capital repairs by a regional operator
1. The regional operator keeps records of the funds received on the account, the account of the regional operator in the form of contributions for the overhaul of the owners of premises in apartment buildings, which form the overhaul funds on the account, accounts of the regional operator (hereinafter referred to as the capital repair fund accounting system). Such accounting is kept separately in relation to the funds of each owner of premises in an apartment building. Such records may be maintained electronically.
2. The accounting system for capital repairs funds includes, in particular, information on:
1) the amount of accrued and paid contributions for capital repairs by each owner of premises in an apartment building, debts for their payment, as well as the amount of interest paid;
2) the amount of funds allocated by the regional operator for the overhaul of common property in an apartment building, including the amount of the provided installment payment for services and (or) work on the overhaul of common property in an apartment building;
3) the amount of debt for the services rendered and (or) work performed on the overhaul of common property in an apartment building.
3. The regional operator, upon request, provides the information provided for in paragraph 2 of this article to the owners of premises in an apartment building, as well as to the person responsible for managing this apartment building (homeowners association, housing cooperative or other specialized consumer cooperative, managing organization), and when direct management of an apartment building by the owners of premises in this apartment building to a person specified in paragraph 3 of Article 164 of this Code.
Article 184
If an apartment building is recognized as emergency and subject to demolition or reconstruction, the regional operator is obliged to allocate funds from the capital repair fund for the purpose of demolition or reconstruction of this apartment building in accordance with parts 10 and 11 of Article 32 of this Code based on the decision of the owners of the premises in this apartment building to demolish it or reconstruction in the manner prescribed by the regulatory legal act of the constituent entity of the Russian Federation. In case of withdrawal for state or municipal needs of the land plot on which an apartment building is located, and, accordingly, the withdrawal of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipality, the regional operator in in the manner established by the regulatory legal act of the subject of the Russian Federation, is obliged to pay the capital repair fund to the owners of premises in this apartment building in proportion to the amount of contributions paid by them for capital repairs and the amounts of these contributions paid by the previous owners of the relevant premises in this apartment building. At the same time, the owners of premises in an apartment building retain the right to receive the redemption price for the withdrawn residential premises and other rights provided for by Article 32 of this Code.
Article 185
1. The requirements for ensuring the financial stability of the activities of a regional operator are established by this article and the law of the subject of the Russian Federation.
2. The amount of funds that the regional operator is entitled to spend annually to finance the regional capital repair program (the amount of funds provided at the expense of capital repair funds formed by the owners of premises in apartment buildings, the common property in which is subject to major repairs in the future period) is determined as share of the amount of contributions for capital repairs received by the regional operator for the previous year. In this case, the size of the specified share is established by the law of the subject of the Russian Federation.
3. Additional requirements for ensuring the financial stability of the activities of a regional operator may be established by the law of a constituent entity of the Russian Federation.
Article 186. Control over the activities of a regional operator
1. Control over the compliance of the activities of the regional operator established requirements carried out authorized body executive power of the subject of the Russian Federation in the manner established by the highest executive body of state power of the subject of the Russian Federation.
2. The federal executive body exercising the functions of control and supervision in the financial and budgetary sphere, in the manner established by the Government of the Russian Federation:
1) exercise control over the use by the regional operator of funds received as state support, municipal support for capital repairs, as well as funds received from owners of premises in apartment buildings that form capital repair funds on the account, accounts of the regional operator;
2) sends to the regional operator submissions and (or) instructions to eliminate the identified violations of the requirements of the legislation of the Russian Federation.
3. Bodies of state financial control of the subjects of the Russian Federation and bodies of municipal financial control of municipalities, the Accounts Chamber of the Russian Federation, control and accounting and financial bodies of the subjects of the Russian Federation and municipalities exercise financial control over the use by the regional operator of the funds of the relevant budgets in the manner established by the budget legislation Russian Federation.
Article 187. Reporting and audit of a regional operator
2. The adoption of a decision to conduct an audit, approval of an agreement with an audit organization (auditor) are carried out in the manner established by the regulatory legal act of the constituent entity of the Russian Federation, as well as the constituent documents of the regional operator. Payment for the services of an audit organization (auditor) is carried out at the expense of the regional operator, with the exception of funds received in the form of payments from owners of premises in apartment buildings that form capital repair funds on the account, accounts of the regional operator.
3. The regional operator, no later than five days from the date of submission of the audit report by the audit organization (auditor), is obliged to send a copy of the audit report to the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of socio-economic development constituent entities of the Russian Federation and municipalities, construction, architecture, urban planning (with the exception of state technical accounting and technical inventory of capital construction projects) and housing and communal services, and a supervisory authority.
4. The annual report of the regional operator and the auditor's report are posted on the website in the information and telecommunications network "Internet", taking into account the requirements of the legislation of the Russian Federation on state secrets, commercial secrets in the manner and within the time limits established by the regulatory legal act of the constituent entity of the Russian Federation.
IN AN APARTMENT BUILDING
Article 189
1. The overhaul of common property in an apartment building is carried out on the basis of a decision of the general meeting of owners of premises in an apartment building, with the exception of cases provided for by paragraph 6 of this article.
2. The owners of premises in an apartment building at any time have the right to make a decision to carry out a major overhaul of common property in an apartment building at the suggestion of a person who manages an apartment building or provides services and (or) performs work on the maintenance and repair of common property in an apartment building, regional operator or on their own initiative.
3. At least six months (unless a different period is established by a regulatory legal act of a constituent entity of the Russian Federation) before the start of the year during which a major overhaul of the common property in an apartment building must be carried out in accordance with the regional overhaul program, the person who manages apartment building or the provision of services and (or) the performance of work on the maintenance and repair of common property in an apartment building, or the regional operator (in the event that the owners of premises in an apartment building form a capital repair fund on the account of a regional operator) submits proposals to such owners on the start date overhaul, the necessary list and the scope of services and (or) work, their cost, the procedure and sources of financing for the overhaul of common property in an apartment building and other proposals related to such a major overhaul.
4. The owners of premises in an apartment building, no later than three months from the date of receipt of the proposals specified in Part 3 of this Article (unless a longer period is established by a regulatory legal act of a constituent entity of the Russian Federation), are obliged to consider these proposals and take a decision at the general meeting in in accordance with paragraph 5 of this article.
5. By decision of the general meeting of owners of premises in an apartment building on the overhaul of common property in this apartment building, the following must be determined or approved:
1) a list of major repairs;
2) cost estimate for major repairs;
3) the timing of the overhaul;
4) sources of financing for capital repairs.
6. If, within the period specified in paragraph 4 of this article, the owners of premises in an apartment building, forming a capital repair fund on the account of a regional operator, have not made a decision to carry out a major overhaul of the common property in this apartment building, the local government body makes a decision on carrying out such a major overhaul in accordance with the regional overhaul program and the proposals of the regional operator.
7. In the event that the overhaul of common property in an apartment building, the owners of the premises in which form a capital overhaul fund on a special account, is not carried out within the time period provided for by the regional overhaul program, and at the same time, in accordance with the procedure for establishing the need for a major overhaul of the general property in an apartment building requires the performance of any type of work provided for this apartment building by the regional capital repair program, the local government decides on the formation of a capital repair fund on the account of the regional operator and sends such a decision to the owner of the special account. The owner of a special account is obliged to transfer the funds on the special account to the account of the regional operator within one month from the date of receipt of such a decision by the local government. The decision to overhaul the common property in this apartment building is made in accordance with parts 3-6 of this article. If the owner of the special account did not transfer the funds on the special account to the account of the regional operator within the period established by this part, the regional operator, any owner of premises in an apartment building, the local government body has the right to apply to the court for the recovery of funds, located on a special account, with their transfer to the account of the regional operator.
Article 190
1. The regional operator provides financing for the overhaul of common property in an apartment building, the owners of the premises in which form a capital overhaul fund on the account of the regional operator.
2. The basis for the transfer by the regional operator of funds under a contract for the provision of services and (or) the performance of work on the overhaul of common property in an apartment building is an act of acceptance of the work performed (except for the case specified in part 3 of this article). Such an act of acceptance must be agreed with the local government, as well as with a person who is authorized to act on behalf of the owners of premises in an apartment building (if the overhaul of common property in an apartment building is carried out on the basis of a decision of the owners of premises in this apartment building).
3. The regional operator may pay as an advance no more than thirty percent of the cost of the relevant type of work on the overhaul of common property in an apartment building, including work on the development of project documentation or certain types work on the overhaul of common property in an apartment building.
4. The amount of the marginal cost of services and (or) work on capital repairs of common property in an apartment building, which can be paid by the regional operator at the expense of the capital repairs fund, formed on the basis of the minimum contribution for capital repairs, is determined by the regulatory legal act of the constituent entity of the Russian Federation. Exceeding this marginal cost, as well as payment for services and (or) works not specified in Part 1 of Article 166 of this Code and a regulatory legal act of a constituent entity of the Russian Federation adopted in accordance with Part 2 of Article 166 of this Code, is carried out at the expense of the owners of premises in apartment building, paid as a capital repair contribution in excess of the minimum capital repair contribution.
Article 191
1. Funding for the overhaul of common property in multi-apartment buildings may be carried out using financial support measures provided to homeowners associations, housing, housing construction cooperatives or other specialized consumer cooperatives established in accordance with the Housing Code of the Russian Federation, management organizations, regional operators at the expense of the federal budget, the budget of the constituent entity of the Russian Federation, the local budget in the manner and on the terms provided for, respectively, by federal laws, laws of the constituent entities of the Russian Federation, municipal legal acts.
2. Measures of state support, municipal support for capital repairs within the framework of the implementation of regional programs for capital repairs are provided regardless of the method used by the owners of premises in an apartment building to form a capital repair fund.
Subparagraph 61 of paragraph 2 of Article 26.3 Federal Law of October 6, 1999 N 184-FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1999, N 42, Art. 5005; 2003, N 27, Art. 2709; 2005, N 1, item 17, 25; 2006, N 1, item 10; N 23, item 2380; N 30, item 3287; N 31, item 3452; N 44, item 4537 ; N 50, item 5279; 2007, N 1, item 21; N 13, item 1464; N 21, item 2455; N 30, item 3747, 3805, 3808; N 43, item 5084; N 46, item 5553; 2008, N 29, item 3418; N 30, item 3613, 3616; N 48, item 5516; N 52, item 6236; 2009, N 48, item 5711; N 51, 6163; 2010, N 15, item 1736; N 31, item 4160; N 41, item 5190; N 46, item 5918; N 47, item 6030, 6031; N 49, item 6409; No. 52, article 6984; 2011, No. 17, article 2310; No. 27, article 3881; No. 29, article 4283; No. 30, article 4572, 4590, 4594; No. 48, article 6727, 6732; No. 49, article 7039, 7042; No. 50, article 7359; 2012, No. 10, article 1158, 1163; No. 18, article 2126; No. 31, article 4326; Rossiyskaya Gazeta, 2012, December 7) add the words "regulating relations in the field of ensuring the overhaul of common property in apartment buildings."
1) subparagraph 30 of paragraph 3 of Article 149 add the words ", the implementation of works (services) to perform the functions of a technical customer for the overhaul of common property in apartment buildings, performed (rendered) by specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings, and created in accordance with the Housing Code of the Russian Federation, as well as local governments and (or) municipal budgetary institutions in cases provided for by the Housing Code of the Russian Federation”;
2) Paragraph 3 of Article 162 shall be stated as follows:
“3. The tax base does not include:
1) funds received by managing organizations, homeowners' associations, housing construction, housing or other specialized consumer cooperatives established to meet the needs of citizens in housing and responsible for maintaining in-house engineering systems, with the use of which utility services are provided, for the formation of a reserve to carry out current and major repairs of common property in apartment buildings, including the formation of funds for the overhaul of common property in apartment buildings;
2) funds received by specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings, and created in accordance with the Housing Code of the Russian Federation, to form funds for the overhaul of common property in apartment buildings.
3) in subparagraph 14 of paragraph 1 of Article 251:
a) add a new paragraph six of the following content:
"in the form of budgetary funds allocated for equity financing of the overhaul of common property in apartment buildings in accordance with the Housing Code of the Russian Federation to homeowners' associations, housing, housing construction cooperatives or other specialized consumer cooperatives established and managing apartment buildings in accordance with Housing Code of the Russian Federation, managing organizations, as well as in the direct management of apartment buildings by owners of premises in such buildings - managing organizations that provide services and (or) perform work on the maintenance and repair of common property in such houses; ”;
b) paragraphs six - twentieth to be considered paragraphs seven - twenty-first, respectively;
in) paragraph twenty one consider paragraph twenty-two and after the words "managing organizations" add the words ", as well as to the accounts of specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings, and created in accordance with the Housing Code of the Russian Federation, ". Fraud in shared construction In the real estate under construction market, […]
As far as I understand: Maintenance this is the repair of common property in an apartment building ..... in accordance with the established regulatory legal acts of the Russian Federation, a major overhaul is the repair of common property in an apartment building in order to restore its resource or replace structural elements.
1. The main thing that is not clear in all this, where is the border between major and current repairs?
(for example, the plaster in the entrance has collapsed in places, or a pipe has burst, etc.)
2. How or on the basis of what the amount of monthly payments for current and major repairs is formed.
1.3. Repair classification
The system of repairs of apartment buildings provides for regulated repairs and repair and reconstruction transformations at certain intervals (see Fig. 1.1).///The overhaul periods and approximate volumes of repairs and repair and reconstruction for the purpose of long-term planning are recommended to be taken in accordance with VSN 58-88 (p), and for medium-term and short-term planning, they are specified based on the technical condition, architectural and planning and design features of apartment buildings.
excerpt from fig. 1.1:
Overhaul - repair of a building with the replacement, if necessary, of structural elements and systems of engineering equipment and with the elimination of functional (moral) wear and tear by modernizing them.Reconstruction of the building - a set of works and organizational and technical measures with the elimination of physical and functional (moral) deterioration and changes in technical and economic indicators in order to improve living conditions, quality of service and increase the volume of services.
Capital repairs of buildings- replacement or restoration individual parts or whole structures(with the exception of the complete replacement of the main structures, the term of which determines the service life of the apartment building as a whole) and engineering and technical equipment of buildings due to their physical wear and tear, as well as the elimination, if necessary, of the consequences of the functional (moral) deterioration of structures and the performance of work to increase the level of internal improvement, i.e. modernization of buildings. During the overhaul, the physical (partially) and functional (partially or completely) depreciation of buildings is eliminated.
Overhaul involves the replacement of one, several or all systems of engineering equipment, as well as bringing all the structural elements of the house into good condition.
Overhaul is divided into complex overhaul and selective overhaul.
a) Comprehensive overhaul is a repair with the replacement of structural elements and engineering equipment and their modernization. It includes work covering the entire building as a whole or its individual sections, in which their physical and functional wear is compensated.
b) Selective overhaul is a repair with full or partial replacement of individual structural elements of buildings and structures or equipment, aimed at full compensation for their physical and partially functional wear.Attribution to the type of overhaul depends on the technical condition of the buildings assigned for repair, as well as the quality of their planning and the degree of internal improvement.
For example, work to replace a cold water or hot water riser can be recognized as related to major repairs. Or rather, a selective overhaul. Although there is another opinion (see below).
A comprehensive overhaul in relation to Federal Law No. 185-FZ provides for the performance of all types of work provided for in Article 15 (with the exception of the repair of basements and elevators in those buildings where they are not available).
When carrying out repairs, materials should be used that ensure the standard service life of structures and systems being repaired. The composition of the types and subtypes of work must be such that after the overhaul, the apartment building fully meets all operational requirements (for more details, see Section 2). Selective overhaul in relation to Federal Law No. 185-FZ is assigned to perform certain types of work provided for in Article 15 .
Selective overhaul is carried out based on the technical condition of individual structures and engineering systems by their complete or partial replacement.
...2.1.9. The list of works performed during the overhaul of the housing stock is given in Appendix 9 to. Annex 3 to the list of structural elements, engineering systems and equipment and the approximate terms of their operation before the overhaul. The list covers the entire variety of multi-apartment buildings in terms of design characteristics and engineering arrangement, built and operated at the time of the release of this regulatory document, and, therefore, applicable for the purposes of these guidelines within the framework established by Part 3, Article 15 of Federal Law No. 185-FZ.
2. For major repairs - on the basis of an estimate for the work. The estimated amount is divided by the total area of residential and non-residential premises of an apartment building (excluding the area of \u200b\u200bcommon areas) and by the number of months during which, based on the decision made by the owners, the cost of work will be paid.
The second option for paying for major repairs is in the amount of. This is simple and straightforward, but does not take into account the individual characteristics of each case. In addition, this federal standard was not originally intended to be included in payments. was designed for use in intergovernmental relations.
In any case, the decision on the amount of payment for current and major repairs is made at the general meeting of the owners of the premises of the MKD (and if in the house of the HOA, then the decision is made in the manner prescribed by the charter of the partnership).
3. Additional information on the issue
On the issue of attributing work to current or major repairs, there is another opinion based on the recommended Appendix No. 7 to.
I quote:List of works related to the current repairIn this way, work on the replacement of cold water and hot water risers can be recognized as related to current repairs. There is jurisprudence.
<...>
12. Water supply and sewerage, hot water supply
Installation, replacement and restoration of serviceability of individual elements and parts of elements of internal water supply and sewerage systems, hot water supply, including pumping units in residential buildings.Those. the key question that gives rise to discrepancies is what to count "system" and "element" in this context. An unambiguous answer to it in regulations not found yet.
4. Types of work on the overhaul of apartment buildings in accordance with the Federal Law of July 21, 2007 No. 185-FZArticle 15
Part 3. The types of work on the overhaul of apartment buildings in accordance with this Federal Law include:
1) repair of intra-house engineering systems of electricity, heat, gas, water supply, sanitation;
(clause 1 as amended by the Federal Law of December 29, 2010 N 441-FZ)
2) repair or replacement of elevator equipment recognized as unsuitable for operation, if necessary, repair of elevator shafts;
3) repair of roofs;
4) repair of basements belonging to common property in multi-apartment buildings;
5) insulation and repair of facades;
6) installation of collective (general house) metering devices for resource consumption and control units (thermal energy, hot and cold water, electric energy, gas);
(clause 6 was introduced by the Federal Law of December 29, 2010 N 441-FZ)
7) repair of foundations of apartment buildings.
(clause 7 was introduced by the Federal Law of December 29, 2010 N 441-FZ, as amended by the Federal Law of December 25, 2012 N 270-FZ)QUESTION:
Look, and if the overhaul has already been spent with budget money, then what to do in this case? let's say they did a thorough overhaul, then created an HOA, will it still send part of the money from the tariff rate somewhere? or how. Dmitry.ANSWER:
The same work cannot be accounted for under two articles - both as a major overhaul at the expense of budgetary funds, and as current repairs on behalf of the HOA. Either one or the other.
Collecting payment for housing, the HOA spends it on the current operational needs of the house and the formation of a repair fund.
But if the condition for overhaul at the expense of budgetary funds was the payment by members of the HOA of a certain share of the overhaul fee (as is happening now under 185-FZ), then the HOA will collect a targeted fee for overhaul and send the collected funds where to go.
Overhaul is an issue that concerns each management company and any of the residents. In the article, we will consider both the general principles of overhaul organization, as well as individual non-obvious subtleties that will help the management company to build the process more efficiently and at lower cost.
How to organize and carry out a major overhaul
structural elements, engineering systems and the equipment of apartment buildings gradually wear out, and therefore require periodic intervention to restore normal condition. These procedures make up the overhaul, which is planned in each MKD. The procedure for its implementation with the latest changes will be considered in this article.
General principles for the overhaul of MKD
A list of sanitary and technical requirements is presented for apartment buildings. If the current repair does not allow to bring the building in line with regulatory documents, then a major overhaul is carried out. During it, the main elements and structures of the MKD are restored or replaced.
The procedure for carrying out a major overhaul involves the mandatory coordination of events at a general house meeting. Until recently, residents claimed everything related to:
- list of work performed;
- cost estimates;
- deadlines;
- funding sources;
- persons accepting work from the owners of apartments.
In the fall of 2017, the rules for major repairs were significantly revised. In accordance with them, for example, the OSS is no longer involved in approving the overhaul estimates. This applies even to those cases where the formation of the capital repair fund takes place on a special account.
The need for major repairs of residential facilities is regulated by law. It must be carried out for buildings with the following wear:
- wooden - from 65 percent;
- stone - from 30 to 70 percent.
How is the overhaul carried out
It must be remembered that in the concept of overhaul there is a distinction between its complete and selective implementation. Selectively, it is carried out only for a part of the MKD elements that need urgent updating. Complete overhaul by regulatory documents must be carried out 30 years after the house began to be used, selective - after 20 years. For structural elements of buildings, the specific service life is determined by the material of manufacture. For example, foundations, walls and ceilings can last from 30 to 80 years, and interior decoration- from 3 to 30 years.
During the construction process, each house has a technical passport, which displays, among other things, the state of its elements. The need for overhaul of MKD is determined, among other things, according to information from this document. Whether it is necessary to repair the house is decided by a special commission, consisting of specialists from different departments. They preliminarily inspect the buildings and make a decision on the need for certain activities.
Residents can also influence whether it is necessary to carry out major repairs in an apartment building. Owners have the right to refuse certain jobs if they feel the house can do without them. However, with regard to elevators, critical communications and important elements buildings, work will have to be carried out without the consent of the apartment owners.
Raising funds to finance the overhaul
Capital repairs of multi-apartment residential buildings are carried out at the expense of funds collected from residents in the form of mandatory monthly contributions. Apartment owners choose one of the options for forming a capital repair fund:
- at a regional operator (in a common boiler);
- on a special account relating only to a particular house.
The main advantage of using a special account is the freedom to dispose of the funds collected on it. In this case, the tenants themselves determine when the overhaul work will be carried out in the apartment building. They do not depend on the decisions regarding the order of work, taken at the regional level. The downside of owning an account is the need to spend time and effort on opening and maintaining it. In all details, work with a special account is described in an expert article in our magazine.
If the apartment owners do not choose independent way raising funds for overhaul, then the funds regularly paid by them are sent by default to the regional operator. The RO accumulates funds and is responsible for the overhaul of the common property in the MKD, but does not carry out the work itself. The Regoperator engages the necessary contractors and ensures that they meet deadlines and quality requirements.
Many believe that the funds sent to the RO are lost for the Criminal Code and the HOA. However, in reality this is not the case. Management organizations themselves may well become contractors, that is, those who carry out major repairs. In this case, they can earn on the performance of work, even if the funds for them are collected on the account of the regional operator. How exactly to do this is described in the article by the editor-in-chief of the magazine “Management of an apartment building”. From the material you will learn:
- what you need to do to participate in the pre-selection;
- how electronic auctions are conducted;
- What are the criteria for choosing a winner?
If funds are collected on a special account of a particular house, then the managing organization, HOA or cooperative is considered its owner. In this case, the management company is more free to dispose of its own funds, since the issues of their allocation to repair work the residents themselves decide on the OSS. However, this does not mean that the management company always has enough money for everything.
It often happens that the State Housing Inspectorate issues an order on the need to repair, for example, the roof, and the accumulated funds are not enough for this. Naturally, the inspectors do not care about how the Criminal Code will finance the repair work. GZhI is important the result, which is the executed prescription. In its absence, the responsible organization will face fines and other sanctions.
If there is not enough money, then they can be borrowed. This issue is devoted, in which the following points are considered:
- what are the general rules for capital repairs;
- how financing is carried out if the work is carried out ahead of schedule;
- how is a bank loan issued for a major overhaul;
- how loans are issued to owners.
The issue of capital repairs lending is becoming more and more frequent, because not only the regulatory authorities, but also the residents themselves often want to see the result immediately. Some management companies and homeowners associations are switching to the practice of using exclusively borrowed funds. They first carry out the necessary repairs, and only then begin to collect money for them. How exactly to organize this process, in which regular contributions from tenants will be directed to repay a loan for repairs already made, is described in the case of the Kalininets HOA from the Rostov Region.
Many believe that the collection of funds for major repairs from residents and their accumulation in the account is an endless process, carried out from the commissioning of the MKD (adjusted for new buildings) to the demolition of the building. It actually works a little differently. In some cases, the collection of money can even be suspended, but this is true only for houses where funds are accumulated in a special account.
For special accounts, regional authorities determine the minimum amount of the KR fund, and when it is reached, the collection can be temporarily suspended. The opinion of the owners is also important here, who have the right to increase the amount of contributions in order to spend some additional work. The topic of the termination of overhaul fees is discussed in more detail in a special article. This includes answers to the following questions:
- 5 cases when funds are not collected;
- how much you need to accumulate to suspend the collection of contributions;
- for how long the collection of contributions is suspended;
- Is it possible to stop fundraising?
As an exception, mention should be made of houses to which the state is obliged to provide financial assistance in carrying out major repairs. From the end of 2017, a special procedure is provided for apartment buildings that needed major repairs even before the first apartment was privatized in them. There are few such houses in the country, but they exist, and their owners can count on state assistance. How exactly this process is organized, and how much assistance can be obtained, is described in the article of the magazine "MKD Management" for August 2018.
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