The smell from the garbage chute in an apartment building, poor cleaning of the entrance and elevator are ways to combat it. “Weld all the garbage chutes”: they may disappear from the entrances How to weld the garbage chute

IN lately Residents choose to refuse the garbage chute. Despite the fact that installing a channel for dumping garbage in a high-rise is a mandatory norm, a group of residents of the building choose to weld the garbage chute. MyDom will tell you whether it is worth getting rid of the garbage chute in an apartment building and how this can be done.

In which houses is a garbage chute installed?

According to design and construction standards Russian Federation, garbage chute is installed in houses:

where the floor of the upper floor is more than 11.2 meters above the ground, that is, in multi-story buildings;
if the building is intended for housing the elderly and families with disabilities, then the top floor mark is 8 meters;
the provision may be supplemented by the requirements of local authorities, based on what waste disposal system is adopted in the region.

What regulations exist for garbage disposal?

The garbage chute should be located on heated landings.

The distance from the apartment door should not exceed 25 meters for a residential building.
The noise level must comply with sanitary standards. If noise cannot be avoided, dampers are provided in the waste chute design.
Must be taken into account fire safety: Both the device and materials must be suitable for this purpose.
The service life of a garbage chute is calculated by cycles: 15,000 for the cleaning device and loading valve, and the gate (valve in the barrel of the garbage chute) - 3,500 cycles.
Ventilation must be provided for the garbage disposal. Natural or forced.

There are norms. And according to them, living in a house with a garbage disposal is a pleasure. But lately, residents still want to weld the garbage chute. What are the reasons? Let's find out the advantages and disadvantages of using a garbage disposal in your home.

The legal aspect of abandoning a garbage chute

Refusal of the garbage chute is within the competence of the general meeting of owners of premises in an apartment building. All legal aspects are described in Article 46 of the RF Housing Code.

Often neighbors who are left in the minority try to challenge the closure of the garbage chute. But judicial practice for the most part shows that the court is on the side of the meeting if everything is done correctly.

Thus, according to the law, the consent of all owners is not required to close a garbage chute. A majority of votes (⅔) is required total number meeting participants!

A garbage chute is the common property of the owners of premises in an apartment building. According to Article 36, clause 2 of the Housing Code of the Russian Federation, owners have the right to dispose of common property.

It is impossible to appeal to clause 3 of the same article, which states that reducing the size of common property is possible only with the consent of ALL owners. After all, the garbage chute is not dismantled, but simply preserved. The owners decide to change the form of solid waste collection. According to the statement, the garbage chute may also be boiled.

But this decision should be made only by residents, and not by third-party organizations!

Algorithm for abandoning the garbage chute

To seal a garbage disposal, follow these steps:

Step 1. Convening a general meeting.

The owner who initiated the meeting must notify all residents 10 days in advance. For example, you can hang a notice on the entrances, put a printout in mailbox or call apartments (if possible).

You give reasons for and against the garbage chute (we have given them in our article below). Then you raise the issue of changing the current form of solid waste collection - replacing the garbage chute with a container site.

Everyone who participates in the meeting and is an owner must vote yes or no. If the majority of votes are for refusal, the decision is considered accepted. The entire meeting is recorded.

Step 4: Notification of meeting results.

No later than 10 days after the meeting, all residents must be notified that the form of waste collection will change. This can be done in the same ways as in step 1.

Step 5. Application for conservation of the garbage chute.

You send your management company a copy of the minutes from the meeting and a written request to mothball the garbage chute.

See the attached document for the application for closing the garbage chute.

Pros and cons of garbage chute

Firstly, the most obvious advantage is saving time. Residents of homes with a garbage disposal don't have to dress up or figure out the time to grab their trash.

You can also quickly get rid of garbage from the house if you were cooking something that smelled or something that runs the risk of quickly rotting in a bucket.

A garbage chute is urgently needed for people with disabilities and pensioners. This effective way make life easier and create more comfortable conditions for these categories of citizens.

At the same time, maintaining a garbage chute entails a number of disadvantages.

Rubbish is not always pushed into the shaft. It can get stuck there and begin to decompose, causing bad smell. Garbage chute cleaning happens much less often than we would like. And this entails unsanitary conditions. In addition, to throw out garbage, you need to open the receiving window, which can also be dirty, and parts of the waste remain on the edges.

The volume of garbage that can be thrown out at one time is limited by the size of the receiving window and shaft. And if you have careless neighbors in your house who are trying to dump bulky waste into the shaft, then a jam cannot be avoided.

Often, the noise from garbage moving downstairs irritates residents. Especially if someone often throws away glass containers late at night.

Let's not forget that regular maintenance costs money. And the cleaner you want the garbage disposal, the more often you will have to spend money on washing it out across the entire entrance.

Based on this, the owners decide to get rid of the neighborhood. But since it cannot be dismantled from the entrance, the decision comes to weld the garbage chute.

Moscow, Filevsky Boulevard, building N 34 - an ordinary panel 17-story building, built in 1999. It differs from many similar high-rise buildings only in the absence of a garbage chute - the residents abandoned it voluntarily. Immediately after moving in, they sealed the garbage receptacles. An exception to the rule? Nothing like this - there are hundreds of such houses in Moscow and there are more of them every year.

Garbage chute is full of hassle

The 34th building on Filevsky Boulevard is managed by the homeowners' association (HOA) "Fili-4". Its chairman Larisa Pushkina told RG that residents have not used the garbage chute in the high-rise building since they moved in. “This was decided at a house-wide meeting. “Over the past 17 years, no one has tried to challenge this decision,” she explains. “A similar situation occurred in two neighboring houses; garbage chutes were welded there too.”

This trend has been observed in Moscow for several years and is especially noticeable in new buildings. Residents say there are two main problems with garbage disposals. The main thing is unsanitary conditions. However, it is not so much the waste disposal systems that are to blame, but rather the residents and management companies themselves. The first ones often do not clean up after themselves on the site with a waste receptacle and throw away whatever they find. "Did the garbage fall out of the bag while loading? Well, don't pick it up from the floor now!" - this is how they most often explain it. Meanwhile, building managers do not perform their duties well - they rarely wash the garbage chute with disinfectant, they do not monitor the serviceability of the buckets and the cleanliness of the room where garbage arrives from all floors.

"Our construction experience apartment buildings showed that most people treat garbage chutes irresponsibly - they throw liquid garbage, slops and other things there, which, passing through the garbage chute channel, leave a pungent odor and serve as a breeding ground pathogenic bacteria", confirms the trend Rustam Arslanov, sales director of the Granel Group of Companies.

Residents of old houses echo him - there are a lot of stories on the Internet about how management companies could not clear clogged garbage chutes for weeks, and all this time the rotting waste attracted rats and spread the smell throughout the entire entrance. Moreover, in Moscow there are houses still built in the “Stalinist” era, where garbage chutes were led directly into apartments - for example, into the kitchen. It would seem like a great blessing, waste can be thrown away without even going outside. staircase. However, such working systems cannot be found in the city today - almost everyone has welded them. People did not get along with the smells and the noise that echoed through the apartments when discarded glass bottles flew from the top floor.

They brewed it, but they didn’t ask me

The capital's housing inspectorate "RG" said that this year about 2.3 thousand complaints from Muscovites were related to garbage chutes - this is 1.7% of the total number of complaints. “Appeals usually concern the malfunction of garbage chutes, their blockages, unpleasant odors and other common problems,” says department press secretary Violetta Nezhevenko. “We also receive requests to understand the legality of the conservation of garbage chutes when they decide to close them at community meetings. In such cases, those who disagree with This is the decision of the residents."

The stumbling block is hidden precisely in this situation - in almost every house there are people who are not ready to give up the garbage chute. Some people don’t want to take the garbage out to a container on the street when they can just walk out the door of their apartment. Others find it physically difficult to go out regularly garbage containers into the yard - this applies primarily to single disabled people and pensioners.

Do you live in a two-room apartment with an area of 50 square meters? This means you pay more than a hundred rubles a month for a garbage disposal.

And with new buildings, not everything is clear - while in some the residents refuse garbage chutes, in others the majority votes for their preservation.

In our comfort class projects, garbage chutes are provided in all houses,” Pavel Bryzgalov, director of strategic development at FSK Leader, tells RG. - We conducted a survey among clients and 66% of respondents were in favor of having a garbage disposal in their future home. Only 21% plan to throw garbage into containers in their yards, and garbage collection rooms on the floor are still the least popular.

However, Bryzgalov adds, in residential complexes of business class and above, the rejection of the classic garbage chute has already become a rule of good form. "Such projects may have special rooms for waste collection. In high-rise buildings, they sometimes use a double-barreled system with waste catchers that slow down its fall," he explains.

Garbage is money

The second problem associated with garbage disposals is the cost of maintaining them. These expenses are included in the bills in the “housing maintenance” column. For example, in Moscow, the standard tariff for this service for houses with a garbage chute is 27.14 rubles, and without - 25.05. The difference is more than two rubles and that’s from everyone square meter total area apartments. Do you live in a two-room apartment with an area of 50 square meters? This means you pay more than a hundred rubles a month for a garbage disposal. This is almost 1.5 thousand a year - significant money. At the same time, the author of these lines always takes the garbage out into the yard, although there is a garbage disposal in his house. They just designed it back in Soviet years, when there was much less bulky waste. Therefore, instead of dividing the waste into small portions, I would rather take one bag into the yard on the way to work. The tanks there are never empty, which means that not only residents of the first floors do this. But everyone pays for the garbage disposal.

In new buildings, meanwhile, service tariffs can be much higher than municipal ones - they can be set management company with the support of the majority of residents. And utility workers admit that it takes a lot of money to regularly flush the garbage chute with a disinfectant solution, inspect it and regularly remove garbage. In Krasnogorsk near Moscow, for example, last year almost 162 thousand rubles were returned to the residents of a house on Pavshinsky Boulevard. The owners of 70 apartments paid them for only a year, while the garbage chute was closed and did not work all this time, but the management company regularly collected the money. The situation was corrected only after the intervention of housing inspectors. The overpayment in terms of each apartment amounted to more than 2.3 thousand rubles.

What is a garbage chute, and on what principle does it work in an apartment building? From this article you will learn about the role of garbage chutes in waste disposal in the realities of our country, what is their design, rules of use, how is maintenance carried out and in what cases are they sealed?

Garbage chute in a high-rise building: from A to Z

The garbage chute is designed to collect waste. This is convenient: residents do not need to leave the entrance every time to dispose of garbage. You just need to open the gateway (the loading valve of the garbage chute), throw out the garbage and that’s it. From the apartment - ten steps, maximum fifteen. Saves a lot of time and effort.

But where household waste get there after that? Disposal is handled by municipal services. At each entrance there is a special room where all the garbage goes. The tank installed there is emptied regularly (or should be). Failure to clean the container in a timely manner can cause an unpleasant odor in the entrance and cause a complaint against the utility company.

How is it built?

Let's try to describe the structure of the garbage chute. Essentially, it is a pipe that runs vertically from the basement to the top floor. With a certain frequency, there are branches - these are sluices into which residents throw waste. They are located either on floors or between them. There is also a gateway installed at the very bottom of the garbage chute - it is closed during repairs or sanitary processing of the garbage collection room, so that nothing falls on the workers’ heads.

In addition, the pipe contains devices that dampen the speed of falling debris. Still, nine or more floors of free fall is already dangerous. And the equipment will wear out quickly. This is why dampers are needed: to prevent falling debris from causing trouble upon arrival.

A washing and disinfection system must protect against fires inside the garbage chute. In addition to maintaining a relatively normal sanitary condition inside the pipe, it can prevent fire. There are also automatic systems insulation of the garbage chute in case of fire.

At the top there is ventilation, which you certainly can’t do without. Timely cleaning and regular maintenance prevent the garbage disposal from smelling strongly. But if utility workers are not very active in maintaining cleanliness, or no one is interested in maintaining the garbage chute, an unpleasant odor is guaranteed.

Where is it found?

Garbage chutes are a fairly common phenomenon. Most large apartment buildings are designed and built with this detail in mind - they have a garbage disposal. That is, now houses with garbage chutes are common.

One “but”: cleaning the garbage chute and maintaining it in suitable condition is an expensive pleasure. It is not always and not everywhere that the garbage chute is maintained in full working order. Alas, these are the realities of life in our country: many garbage chutes are not maintained because it is unprofitable. Indeed, it is much easier to weld a garbage chute, or rather, weld all the garbage chute valves on the floors and forget about it.

They often do this. In many homes where they cannot afford to maintain a garbage chute, they simply close it off. On the one hand, residents will need more effort. On the other hand, this is better than enduring an unpleasant odor due to the fact that the garbage disposal is not maintained.

And not only in Russia!

It would seem that the invention is not so complicated. But until a certain time it was not very common in Europe. The reason is simple: the difficulty of sorting garbage. It is much more difficult with household waste there - most of it goes into recycling, so every citizen is obliged to sort their waste. But the improved design of the garbage chute has taken root in Europe and is quite actively used.

Such a familiar device in everyday life as a garbage chute has existed in Moscow for more than 60 years; up to 80% of the capital's houses are equipped with them. However, recently in many high-rise buildings they began to be brewed on the initiative of the residents themselves. A RIAMO correspondent found out how the presence of garbage chutes is combined with the introduction of separate waste collection, and whether Muscovites are ready to give up this benefit of civilization for the sake of sorting garbage.

From the apartment to the entrance

Garbage chutes appeared in Moscow in the 50s of the last century in connection with massive multi-story buildings and the desire to improve the comfort of the population - it became inconvenient for residents of high-rise buildings to take garbage out onto the street. Then they came up with garbage chutes to be able to remove garbage from each floor of the building.

According to the press service of the Department of Housing and Communal Services and Improvement of Moscow, the first garbage chutes in the capital appeared in 1952 in Stalin buildings, and since 1958 they began to be installed in all buildings over 5 floors. Old-time Muscovites still remember the times when garbage chutes were located directly in the apartment: the loading valve was mounted in the kitchen near the sewer riser or in the corridor. But still, mostly the garbage chutes were located on staircase landings. They were made of VT9 asbestos-cement pipes.

In houses built after 2002, instead of asbestos-cement pipes, they began to use environmentally friendly three-layer garbage chute trunks made of metal, and it was also mandatory to install a special device for cleaning, washing and disinfecting the inner surface of the garbage chute trunk.

According to the press service of the Department of Housing and Communal Services, as of January 1, 2019, more than 33 thousand apartment buildings (MCDs) were equipped with garbage chutes in Moscow, which is more than 80% of the total number of residential buildings.

Why are garbage chutes welded shut?

Today, driveway garbage chutes - once a blessing of city life - are increasingly being sealed at the initiative of the residents themselves as sources of discomfort and unsanitary conditions.

In some new buildings and secondary buildings, general meetings of owners are held and garbage chute buckets are welded. The reasons for this are often the following: dirt around the loading valves; unpleasant smell and noise from dropped bottles and other large objects; blockages due to bulky waste, bags of construction waste; risk of fire; danger of insects and rodents appearing in the house.

“It happens that a neighbor who does not want to use the service of removing large construction and household waste in Moscow, will cause a breakdown, which means that it is not possible to use the structure for its intended purpose until employees of the management company come and correct the situation,” noted the press service of the capital’s housing and communal services department.

Garbage chute is not a hindrance to sorting

As noted by the press service of the Moscow Housing and Communal Services Department, the solids management system municipal waste(MSW) and cleaning of the residential sector does not depend on the presence of in-house garbage chutes and garbage chambers.

“The accumulation of MSW can be carried out in various ways, with and without the use of separate collection, with and without the presence of in-house infrastructure. In any case, the technological cycle of MSW management inside apartment building ends with their accumulation in containers various designs and subsequent transportation to waste management facilities,” the press service explained to RIAMO.

According to geoecological engineer Leonid Khazanov, it is unlikely that local authorities will agree to weld garbage chutes everywhere in the Moscow region, because this will violate the rights of owners.

Khazanov believes that, most likely, during the formation of the waste disposal system, which in Moscow has been postponed for a year, it will coexist with garbage chutes, at least at the initial stage. In the future, proposals to seal garbage chutes may be submitted to general meetings of owners, or it will be proposed to use them only for one type of household waste, for example, organics.

Thus, in a number of European countries, in particular in Germany, where waste sorting has been operating for a long time, in multi-story buildings, garbage chutes have several trunks and loading valves for different types garbage.

“I think we will need 4 to 7 years for a full transition to separate waste collection, although perhaps less - it all depends on the choice of regional operators, the size of their vehicle fleets, and the number of processing plants,” Khazanov added.

According to his calculations, due to the construction of new waste processing plants instead of old landfills, the volume of waste processing in the Moscow region could increase to 60-70%. "Actually we're talking about about creating a real recycling industry in the Moscow region,” he noted.

Stone Age or Convenience?

For their part, Muscovites interviewed by RIAMO admitted that they are accustomed to garbage chutes, but it is not so difficult to abandon them.

Anastasia, 45 years old, Metrogorodok district:

“I live in a Khrushchev-era building without a garbage chute. I take the garbage out in bags to the dumpster near the house. But there are few garbage dumps in the area, and residents have to walk 3-4 houses to throw out garbage. This is inconvenient; it would be better if there was a garbage disposal in every home. Before this, I lived with a garbage disposal for many years, and if the cleaner works properly, then there are no problems.

I think separate waste collection is very correct, but we need more propaganda and opportunities for this. It seems to me that now this is a profanation. For now, I only separate plastic bottles, for which they have installed a separate mesh.

By the way, back in Soviet era There was a separate collection in the city. Waste paper and glass were handed over to special items in the area, and on the site between the 1st and 2nd floors of a five-story building there was a large tank for organic waste, which was cleaned every day - and there was no smell! In high-rise buildings with garbage chutes, organic waste bins stood right next to them. This was around the late 1970s, and by the early 1980s they had already disappeared.

So the garbage chute and separate collection are quite compatible! But theoretically, I’m ready to live without this device.”

Anna, 27 years old, Northern Izmailovo district:

“I live in a nine-story building with a garbage chute, and I have an ambiguous attitude towards it. On the one hand, it is very convenient, on the other, there are many disadvantages.

The area around the garbage chute is dirty; the management company does a poor job of cleaning up splashes and doesn’t remove small debris. Irresponsible residents stuff huge bags of waste into the receptacle, causing blockages. The result is an unpleasant smell and dirt in the entrance, in the summer there are flies, and it’s good that there are no cockroaches. The management company is required to clean the garbage disposal shaft regularly, but I seriously doubt that they do this.

I still use the garbage chute, especially when I need to quickly get rid of garbage, and I take large waste to the bins outside. I sort plastic, glass, and cardboard separately and put them in the Charter grid.

Welding garbage disposals is an inevitable step, because they are poorly compatible with sorting. Of course, we can agree that only organic matter goes into the garbage chute, but who will make sure that everything is not thrown there?

Yes, there will always be marginalized people throwing trash out the window, but if you focus on them, you can get stuck in the Stone Age.

I personally am ready to abandon the garbage chute and separate collection. Yes, it will take more time than just throwing the bag into the garbage chute, but it's worth it, and you get used to sorting over time. But people need a powerful educational campaign - social advertising, leaflets, articles on the Internet and newspapers, posters on the walls of entrances.”

Natalya, 45 years old, Bogorodskoye district:

“I’ve always lived with a garbage chute - I’m used to it, I’m spoiled, and I don’t see any problems from it. I take out large trash into street containers, although I wouldn’t want to take out all the trash every day. But if this is unavoidable, then you will have to live with a welded garbage chute.

I'm ready to sort the garbage and wash the sour cream jar, just like when I was a child! I try not to buy water from plastic bottles. Even in the USSR they collected waste paper, but in my office they throw tons of it into a common box. Why? But because there is no paper container nearby! “We also need to launch detailed videos, brochures, and posters for RSO so that people understand how to collect garbage so that it is easier to recycle it.”

Svetlana, 48 years old, Teply Stan:

“There is a garbage chute in my nine-story building. Pros - you can go throw out the trash at any time of the day or night, wearing home clothes. I don't see any downsides. It is considered to be unhygienic, breeding mice, rats, cockroaches, but we don’t have them in our house. Of course, I use the garbage disposal.

I take large debris from renovations, very dirty and strong-smelling garbage, for example, a can of sprat and cat litter, into garbage cans, and all household waste from the garbage can into the garbage chute. Except that I collect separately: glass, cans, paper, batteries. For now, all this has to be taken to the eco-center of Bitsevsky Park.

I support RSO, but there is garbage that cannot be recycled - so it could just be sent to the garbage chute.

If the garbage disposal is welded shut, it will become less convenient, but it will not be the most critical inconvenience in my life.

It’s not at all difficult to take a bag of garbage out of the bin and, leaving the house, throw it into the bin. It’s more convenient with a garbage disposal, but we won’t die without it.”

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Decision No. 2-6045/2013 M-5789/2013 2-75/2014(2-6045/2013;)~M-5789/2013 2-75/2014 dated January 10, 2014

Case No. 2-75/2014

SOLUTION

In the name of the Russian Federation

Leninsky District Court of Saratov, consisting of

presiding judge Pimenov I.I.,

under secretary O.N. Kosyreva,

with the participation of the defendant’s representative Zlepko E.V.,

Having considered in open court a civil case based on the claim of Komarova N.V. to the Limited Liability Company "Doma Contact" on the elimination of obstacles in the use of the common property of an apartment building,

installed:

Komarova N.V. went to court with statement of claim to the Limited Liability Company (hereinafter referred to as LLC) "Doma Contact" to remove obstacles in the use of the common property of an apartment building and asked to oblige the defendant to remove obstacles in the use of the common property of an apartment building - the garbage chute located in the first entrance of building No. by bringing the garbage chute into working condition- having boiled it and ensure proper maintenance and repair of the garbage chute, as well as recover from the defendant in its favor legal expenses for payment of state duty in the amount of 200 rubles. In support of the claim, she indicated that she is the owner of the residential premises located at the address: . Their house is managed by Doma Contact LLC. The defendant, being a provider of housing and utility services, regardless of his departmental affiliation, is obliged to provide residents with services that meet the quality and volume of the mandatory requirements of the standards, sanitary standards established by the standards and terms of the contract, as well as properly maintain and repair the common property of their apartment building. For its part, it fully fulfills its obligations - regularly pays for utilities and residential building management services, pays for the maintenance and repair of the common property of the apartment building. She lives in the house specified address since the house was put into operation, that is, since 1976. Their house is equipped with a garbage chute and initially, until July 2012, the garbage chute functioned properly. In July 2012, the defendant arbitrarily, without legal grounds and without the consent of the owners of residential premises, welded the loading valves of the garbage chutes in the entrance where she lives. Since the garbage chute is part of the common property belonging to all owners of the premises of an apartment building, it is subject to clause 10 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, obliging to ensure accessibility of use of the premises public use . The plaintiff believes that the defendant does not fulfill his obligations, violates the current housing, sanitary and epidemiological legislation and violates her rights as the owner of the common property of an apartment building, creating obstacles in the use of common property, namely the garbage chute. In addition, Part 3 of Art. Section II. Ownership and other real rights to residential premises > Chapter 6. Common property of premises owners in an apartment building. General meeting of such owners > Article 36. Ownership rights to common property of owners of premises in an apartment building" target="_blank">36 of the Housing Code of the Russian Federation stipulates that reducing the size of common property in an apartment building is possible only with the consent of all owners of premises in a given building by its reconstruction. The welding of the loading valves and the cessation of operation of the garbage chute led to a decrease in the size of the common property in their apartment building. She, as well as other residents of her entrance, repeatedly appealed to the management company, Doma Contact LLC, and to other authorities and organizations with a demand to eliminate the violations. their rights, to restore the operation of the garbage chute and eliminate obstacles in the use of the common property of the apartment building. In response to numerous requests from residents, the defendant reported in writing that the garbage chute in entrance No. in building No. was welded shut due to great deterioration, a meeting of owners was held, by a majority vote (51, 2%) a decision was made to seal the garbage chute and install a container site, as evidenced by the minutes of the general meeting of homeowners dated August 3, 2012. The State Housing Inspectorate and Rospotrebnadzor also did not see any violations, citing the decision of the extraordinary general meeting of residential property owners in the form of in-person voting and recommended going to court. The signatures collected by the plaintiff from 22 owners of premises in their entrance in support of the functioning of the garbage chute indicate precisely that they are all against welding the garbage chute. In addition, on August 30, 2012, they contacted Doma Contact LLC with a statement demanding to boil down the garbage chute, which was signed by 19 people. According to the plaintiff, by virtue of Part 2 of Art. , the issue of closing or opening a garbage chute is not within the competence of the general meeting of owners. Clause 3, Part 2, Art. gives the general meeting the competence only to make decisions on the use of common property by persons other than owners and tenants. Thus, the decision of the general meeting of owners on the use of common property by owners and tenants of premises does not have legal force. Consequently, the management company is obliged to remove any obstacles to the use of the garbage chute and ensure its proper maintenance even if such a meeting were held and the decision was made by all owners. Moreover, in its response to their statement, Doma Contact LLC refers to the minutes of the general meeting of homeowners dated 08/03/2012, although in fact the garbage chute was sealed on 07/27/2012, that is, before the owners’ decision on this was allegedly received question. She believes that the construction of a container site does not in any way restore her right to use the garbage chute as the common property of an apartment building. In addition, her apartment is located on the 4th floor, and the container site is located at a considerable distance from her entrance. Due to her age and health condition, it is very difficult for her to put garbage into containers, especially in winter.

The plaintiff did not appear at the court hearing on January 10, 2014; she was duly notified and asked to consider the case in her absence. Earlier at the court hearing, she explained that in July 2012 the defendant, without permission, legal grounds and without the consent of the owners of residential premises, he welded the loading valves of the garbage chutes in the entrance where she lives. She repeatedly appealed to the defendant to eliminate all violations, but to no avail. The defendant refers to the minutes of the general meeting dated August 3, 2012, at which it was decided to weld the garbage chute. But in fact, the garbage chute was sealed on July 27, 2012, and no general meeting was held.

Representative of the defendant Zlepko E.V. At the court hearing, she did not agree with the claim in full and asked to refuse it. She explained that a general meeting of the owners of the residential building was held, at which it was decided to weld a garbage chute and install container sites. Currently, the container site for the 1st entrance is operational; it is located between the 3rd and 5a houses, which is confirmed by the plan. For other entrances, the site has not yet been installed, since a sanitary gap of 20 m is required between the container site and residential buildings and a certain maximum distance from the entrances themselves. Work by agreement this issue currently underway. But there is a container site specifically for the No. entrance of building No. po, about which there is a decision of the Leninsky District Commission. The garbage chute in the 1st entrance was repaired quickly, since it was in disrepair and its repair required large amounts of money, which the residents of the building did not agree to. A general meeting was held throughout the house and a decision was made to seal the garbage chutes. They acted within this decision residents. Due to the sealing of the garbage chute, the fee for solid waste removal decreased and became 1 ruble 23 kopecks instead of 2 rubles 03 kopecks. He believes that today the plaintiff has missed the deadline for appealing the said decision of the meeting, since decisions of the general meeting are appealed within a six-month period.

After listening to the explanations of the plaintiff and the defendant's representative, witnesses and examining the case materials, the court comes to the following conclusion.

decided:

In satisfying the claims of Komarova N.V. to the Limited Liability Company "Doma Contact" to remove obstacles to the use of the common property of an apartment building - refuse.

The decision can be appealed on appeal within a month from the date of its adoption in final form to the Saratov Regional Court through the Leninsky District Court of Saratov.