Why pay for major repairs? How to avoid paying for major repairs legally

When, when purchasing an apartment in a new building, they receive a receipt for payment of the contribution for major repairs, residents are surprised. What to pay for when the house is new and repair work will not be needed in the near future. Each region has its own legislative norms. In accordance with them, it is determined how long the deferment period for payments is provided after the house is put into operation.

Which houses are considered new buildings

According to changes made to the Housing Legislation in 2015, a house put into operation after July 1, 2016 is considered a new building.

The developer provides a 5-year construction guarantee. During this period he bears full responsibility for the object. Obliged to repair the premises if there are construction defects, elevator breakdowns, communications leaks, etc.

In this case, the question arises from when to pay for major repairs of new buildings.

The developer's warranty obligations and the fee for major repairs in a new house are two different, unrelated concepts. According to the Housing Code, residents of new buildings are required to pay fees for expensive major repairs, even though they will not be needed in the near future.

Various regions set by law their own deadlines for the period of accrual of contributions after the house is put into operation.

Law on major renovations in new buildings

According to Article 169 of the Housing Code, paragraph 1, owners of apartments in new buildings must make contributions to the capital repair fund.

According to Article 169 of the Housing Code, clause 2, owners do not pay contributions for major repairs in the following cases:

recognition of the house as unsafe;
if a decision is made to withdraw land plot on which a building for the needs of the municipality is located.

The state provides compensation for the payment of contributions to certain categories of citizens: disabled people, WWII veterans, labor veterans, etc.

Art. 169 of the Housing Code, clause 3 states that the obligation to pay fees for major repairs begins 8 months after the house is included in the regional capital repair program.

All apartment owners who do not fall under Art. are required to pay for major repairs in new buildings. 169 ZhK clause 2 and art. 169 LCD clause 3.

The regional operator is guided by the laws of a particular region. The tax may be assessed after several months, in some areas the period ranges from 3 to 5 years after the house is put into operation.

Finding out this period may not be easy; ideally, you should go to the official website of the capital repair fund in your region and find there necessary information or call the phone number listed on such a site. You can also try to find information about your home using special form search on such a site. For example, for St. Petersburg the address of the page with the form is: http://fkr-spb.ru/house

After the expiration of the period, the owners at the general meeting, by voting, determine a management company that will deal with preparations for major repairs.

When and what to pay

Overhaul in apartment building will cost about 5000-6000 rubles per sq. m. meter of area of each apartment. Therefore, the monthly fee for Moscow is about 15 rubles. per sq. meter, for Voronezh 6.6 rub. per square, for Tyumen 20 rubles. With the expectation that the required amount will accumulate within 30 years.

Amounts of contributions for major repairs apartment buildings calculated by the formula:
S apartments (in sq. m) * for the established payment amount (per sq. meter)

The amount may vary depending on the availability of an elevator and the age of the house.

The total amount is calculated separately for each house based on the project and technical condition survey.

Is it possible to change or add a type of repair work?

If in the house, in addition to those indicated in the list of works, you need to add another type of repair or change from one type to another. To do this, a decision must be made at a general meeting of owners on the need for this work. After this, a copy of the decision is sent to the capital repair fund.

The owners either agree with the specified types of work included in the notification from the regional operator, or make their own adjustments.

If the claims were not sent in writing, the owners are deemed to have agreed to the list determined by the municipal authorities.

If at a meeting of owners the amount of fees for major repairs is determined to be more than the minimum, they may require additional services to be performed (Article 170 of the Housing Code of the Russian Federation).

How to pay for major repairs

Many people ask the question of how to pay for major repairs of apartment buildings.

You can pay on the basis of a receipt, at bank branches, at the post office, via the Internet or by wire transfer from a personal account. To do this, you need to indicate your personal account details, the owner’s surname and the amount of payment.

If the receipt contains inaccurate or incomplete data, the owner must personally submit or send in writing to the regional operator a completed application form to change the personal account data.

If there is a discrepancy in the area of the apartment, a photocopy of the certificate of ownership must be attached to the application.

Is it possible not to pay?

Do not pay fees for major repair services; the amount will be collected through the court, including penalties. In these matters, the regional operator always wins.

Let's consider whether it is possible not to pay contributions to certain categories of citizens.

The tax for major repairs relates to utility payments, so certain categories of citizens are provided with subsidies for payment in an amount depending on their subsistence level.

Residents living in apartments of departmental, municipal, or state funds may not pay fees. In this case they are not the owners. The Foundation must carry out repair and restoration work at its own expense.

Deferment of contributions for major repairs

Having bought an apartment in a new building, the owners ask when to start paying fees. It depends on the region of residence.

You can get a deferment on the basis of Art. 170 LCD clause 5.1. It is stipulated here that if the house is included in the regional program after its approval, then the deadline for collecting fees may be postponed.

According to the law, the maximum deferment period is 5 years from the date of inclusion in the program. It can only be provided by regional authorities.

The situation is explained very clearly in the following video material:

Home renovation tax

What is called a “tax” on major repairs actually refers to utility bills. IN tax code These norms are not fixed, but are spelled out in the housing code.

The amount accumulated by the owners will be spent only on repair work of the common property of the house: foundation, roof, facade, basement, elevator, communications. The fee does not cover the renovation of individual apartments.

There is a lot of debate on the topic of major repairs in multi-apartment residential buildings. All apartment owners must pay the fees, otherwise the amount with interest will be charged judicial procedure. There is no point in hoping that these standards will be abolished, since many houses need restoration work, and the state does not have the money to implement them.

The unsatisfactory state of the multi-apartment housing stock, along with the negative economic situation in the country, forces the authorities state power fully impose financial obligations on the population for the maintenance of the housing stock.

For apartment owners in this situation, it is important to choose the most advantageous economic position that allows them to maintain residential property at minimal cost to the owner, without going beyond the law. Let's figure out whether we are obliged to pay or not for major repairs of apartment buildings, which is required by a separate column in the receipt.

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Amounts of contributions and payment procedure

How much to pay for major repairs apartment building?

Minimum rates of monthly contributions for major repairs are regulated local acts each subject.

In a particular region, established tariffs for major repairs can be differentiated based on the following criteria:

Municipal territory where the house was built;
Number of floors of the building;
Provision of elevator equipment;
Amount of financing required for repairs of common property;
Scope of planned work;
Actual lifespan of the house.

The calculation of the lower contribution threshold is based on the principles:

Assessment of the required list of repair work;
Availability of payment for all categories of payers living in a certain territory;
Adequacy of funds collected to implement the list of planned works.

The law stipulates that the total cost of a family for utility bills and contributions for major repairs should not exceed 10 percent of the budget.

Income level of the local population;
Prices for repair work.

Homeowners at a general meeting have the right to increase the amount of payment established by the region in order to carry out additional capital repairs.

The first payment by the owner of real estate is made 8 months after the official publication of the list of houses as part of the regional program.

The amount of payment for a specific owner is determined taking into account the number of square meters of space owned by him.

To find out the size of the monthly payment, the total area calculated in square meters, multiply by the rate established by the regulatory legal act of the subject.

Size total area real estate is indicated in the certificate of state registration of the right to this object. Thus, the owner of an apartment with an area of 40 m2 in a region where the rate is set at 10 rubles must contribute 400 rubles to the overhaul fund once a month.

In Russia, minimum tariffs vary from 1 to 15 rubles per unit of area. The average size is about 6 rubles. In many ways the size of tariffs depends on the budget capabilities of specific regions of the country.

Since the Housing Code of the Russian Federation offers owners two options for accumulating contributions - on the Regional Operator account and the account of a specific house, some peculiarities arise regarding the procedure for paying contributions.

If finances are accumulated in a regional account, then the owners pay contributions based on receipts issued by the Regional Operator.

In the case of accumulation of funds in their own account, property owners themselves determine the method of providing payers with settlement and payment documents.

Issues of carrying out major repairs in high-rise buildings are regulated by law. The law on capital repairs of apartment buildings will help you figure out whether it’s worth paying. Regulatory acts have established the obligation of apartment owners to make contributions for major repairs of apartment buildings. You should understand what is included in the major renovation of the apartment, carried out by the owners themselves, and in the restoration of the common areas of the entire house.

Features of legislation

Questions regarding how to pay for major repairs are regulated by the law of the Russian Federation, which explains the relevant issues No. 271 Federal Law, adopted on December 25, 2012. The law on the need to pay came into force immediately, changes in legislative act introduced in 2015. It states obligation to pay the fee for major repairs. The amount of payment for restoration work is set by regional authorities. These provisions have not yet been repealed.

The law on contributions for capital repairs is intended to develop a mechanism for maintaining residential buildings in good condition. Payments for major repairs are calculated based on the square footage of a private apartment. In Moscow in 2015, payment of contributions for major repairs is carried out at the level of 15 rubles/m2. This is the minimum payment for major repairs. From what month do Muscovites pay for major repairs? The procedure for collecting fees for major repairs began in July 2015.

The law on the need to pay fees for major repairs has gained force since its publication. But the line “contributions for major repairs” was included in the receipt in 2015.

Powers of local authorities

The law provides that in the regions are being developed and adopted regulations governing the procedure for carrying out major repairs of an apartment building. The adopted orders and resolutions determine:

how are contributions for major repairs paid in the city;
methods for monitoring the condition of residential buildings;
registry operator, the procedure for its activities;
methods of state support within the framework of the Federal Law on major repairs of apartment buildings;
approval for regional level programs for major repairs of apartment buildings (in the programs you can find out the date of major repairs of the house);
the procedure for paying funds for major repairs of an apartment building;
control of the targeted expenditure of funds collected for major repairs.

Local programs may include:

a list of residential buildings, with the exception of emergency ones and those that are subject to demolition;
date of major renovation of the house;
list of works included in the overhaul of the mandatory common part of the property;
other information clarifying the law Major repairs of houses.

Regional plans are updated annually.

Possible costs

When understanding how fees for major repairs are charged, you need to find out what is included in the major repairs of any home. The Law on Capital Repairs of Apartment Buildings 2015 provides for the following list of expenses:

restoration of systems inside a high-rise building (water, sewerage, gas, heating, electricity);
repair of elevator equipment, including shafts;
contributions for major repairs include the need to pay for roof restoration and ventilation installation;
money for major repairs of apartment buildings is spent on insulating facade parts and bringing them back to normal;
restoration of unoccupied basements commercial organizations;
installation, even in new houses, of accounting and management devices that allow regulating the level of resource use;
payment for major foundation repairs.

Regions have the right to include other (additional) services in the list. It is required that the minimum payment in 2016 be sufficient for major repairs of apartment buildings. From when do you pay for the capital fee? We started including this line on receipts in 2015.

Residents have the right to voluntarily increase the contribution for major repairs. Thanks to this, the date of major home renovation can be brought closer. Money accumulates faster due to an increase in the amount of payments for major repairs.

Formation of a repair fund

Money transferred as a mandatory payment within the framework of accepted capital repair projects for apartment buildings is accumulated in a designated account. They are spent exclusively on repairs of both the basement, roof and facade.

In addition, payments for major repairs can be accumulated not only in a special account, but in the accounts of the reoperator. Residents of houses independently decide where to transfer contributions for major repairs. Residents who have not made a decision within 2 months after the adoption of regional capital repair projects are forced to send money to the relocation operator.

Special accounts can be opened by housing cooperatives and homeowners associations (up to 30 apartments). The fund manager must deal with the following nuances:

management of funds;
organizing the process of working with banking institutions and insurers;
determining the list of works and determining their cost;
searching for companies, drawing up estimates, approving them, accepting work.

It is preferable that payments for major repairs in newly erected buildings go to a special account. You are allowed to spend money from it on the building from whose residents the funds were collected. You can find out the amount of the contribution for major repairs via the Internet on the regional websites of the Regional Fund for Assistance to Major Repairs.

The law on payment for capital restoration of premises provides that reoperators are determined by the Government locally. Non-profit organization organizes repair work, pays for it and accepts it. The created reoperator has the right to move funds within his accounts. In a new house, major work will not be required soon, therefore, for the fees collected from residents of this building financial resources, not only newly built houses can be repaired, but also another old high-rise building.

This option is preferable for residents of residential buildings in need of speedy recovery. It is chosen when there is no one to do major repairs.

Paying contributions for capital repairs is not the only method of financing.

Article 170 specifies that the fund includes:

contributions to pay for major repairs;
penalties for major repairs, if residents pay for major repairs long time didn't pay;
interest received for depositing contributions in a special account.

The new law provides for the obligation of all apartment owners to pay the amounts specified in the receipt from the time this regulation came into force. Residents have the right to take advantage of the subsidy. The subsidy will cover part of the amount payable for the planned work.

Accrual procedure

The bill provided that for major repairs you won't have to pay residents of damaged and subject to demolition residential buildings. This provision is contained in the current version of the law. For most people, there is no point in finding out whether a levy for major restoration repairs is legal. After reading legislative framework, Russians will be able to figure out who is not paying for major home repairs.

In addition to residents of premises recognized as unsafe and subject to demolition, the following have the right not to pay payments for major repairs:

tenants of housing belonging to municipal or state housing stock;
residents of houses located on state or municipal land allocated for the needs of society;
living in premises that will be taken over by the state or city authorities.

These Russians are not required to pay receipts for previous periods that indicate debt for major repairs. But you can’t just collect capital repair debt. It is required to prove that payment of contributions for major repairs should not be carried out.

Payments for major repairs vary significantly across regions. In St. Petersburg the tariff is set at 2, in Moscow - 15, in Tyumen - 20 rubles/m2. Federal law on Overhaul stipulates that the level of payments in an apartment may vary depending on:

presence/absence of an elevator;
type of construction (pre-revolutionary building, “Khrushchev”, “Stalinka”, new building).

When figuring out whether it is necessary to pay for major repairs or not, take into account the current benefits that apply to major repairs 2015 - 2017, established by Federal Law 273:

pensioners who have crossed the 70-year mark, disabled people of groups I and II, families with disabled children receive a 50% discount on the payment;
Pensioners who are over 80 years old are not required to pay.

It is also advisable to find out whether payment is required or not for the following categories of citizens:

widows of participants and those who took part in the Second World War;
labor veterans;
participants in various wars;
large families;
victims of political repression.

Whether to pay or not, these Russians can find out from local administrations. They are provided with benefits for utilities, including fees for major repairs.

Payment procedure

Residents have the right to pay for major repairs using a bank receipt, or pay through the websites of banks, management companies, and self-service terminals. It is necessary to pay for major repairs, otherwise there will be a penalty for major repairs. Late fees are sent to the capital repair fund.

When figuring out whether fees for major repairs in housing stock are legal, remember what Federal Law 271 says. The corresponding decision was made in 2012, then people began to find out what we were paying. It states whether it is legal to demand payment of the debt for major repairs. Having accumulated the amount necessary for the work, owners can decide that fees for repair work are suspended. This does not apply to those residents who still have debt for major repairs.

There is no point in arguing whether it is legal to collect money for major repairs in high-rise buildings, because the legality of the requirement is confirmed by Federal Law 271. They must pay for major repairs all home owners. They have the right to know how the capital repair fee is calculated. Fee for major repairs: the area of the occupied premises is multiplied by the established tariff.

The bill is paid within the time limits established for payment for the use of any other utility service. Payment is confirmed by a receipt. Some people are wondering when restoration fees will be waived. housing stock. You can raise money, find workers and organize restoration work at home yourself in order to:

understand what is provided for non-payment of contributions for repair work;
understand where the money goes;
avoid penalties for major repairs.

In this situation, you won’t have to find out whether there is and where to look at the debt for major repairs.

Debts incurred

The accrual of penalties for debt begins from the moment when non-payment of the next payment is revealed. It is not difficult to understand how penalties are calculated for debts incurred. If you do not pay, penalties begin to accrue in the following order: daily 1/300 of the refinancing rate is charged on the amount of debt.

Where can I find out the debt for major repairs? Incoming invoices allow you to check the debt; they contain information about the payment for the capital restoration fee. If there is a line about repairs, then payment is required. If there is no information, then the owner of the premises does not bear responsibility for non-payment of contributions. The house may not be included in the regional restoration program. Do I need to pay fees for major repairs in this case? Residents do not have to pay for major repairs if the corresponding invoice has not been received.

Russians can find out about the need to pay and the amount of the contribution for major repairs via the Internet. You should go to the website dedicated to housing and communal services reform and find the corresponding regional program. There you can also find out how to pay for major repairs online in your region through a search.

Debts arise if you don't pay. This often happens because Russians do not know:

is a major overhaul mandatory?
whether a law requiring payment for the restoration of buildings has been adopted;
when the law on compulsory contributions gained force;
what punishment is provided for those who refuse to remit tax for major repairs;
how to pay, tried to figure out how to avoid paying fees for repair work;
How are contributions for major repairs paid?

If payments are not made on time, penalties for major repairs begin to accrue. The debt and penalties for major repairs must be paid. After all, the law on the need to pay gained force a long time ago. There you can find out from what time they pay for major European-quality renovation of a house.

Russians have the right to pay for major repairs via the Internet personal account housing and communal services subscriber.

Back in 2014, invoices for payment utilities management companies of apartment buildings included new service. The appearance of the line “for major repairs” in receipts alarmed and upset many homeowners. However, in the same year, the first recommendations appeared, which described in detail ways to help apartment owners avoid paying for this service on completely legal grounds.

However, in the second part of the Housing Code of the Russian Federation it is written in black and white that cash, which in case of emergency will be used for major repairs of an apartment building, must be kept either in an open account created for this purpose or in the current account of the management company.

Then how can you not pay for major repairs according to the law? For what reasons do many residents and apartment owners refuse to adhere to the rules of the law? Let's take a closer look.

How legal is the management company’s demand to pay funds for major repairs?

This requirement is completely legal and is described in detail in the Housing Code. At the same time, it can be considered quite objective and useful, since many people have long been aware that the housing stock is, to put it mildly, in a terrible state. And all this can lead to accidents in the next few years. That is, by accepting the obligation to pay a certain amount for major repairs, the homeowner cares first of all about himself, and first of all about his own safety. Is this how it turns out in reality?

According to the law, absolutely all owners of residential premises located in apartment buildings are required to pay for the service. The only exceptions are low-income citizens who receive benefits and financial assistance from the state. In addition to them, war and labor veterans are completely exempt from paying for major repairs. And only certain categories of citizens receive a discount on the service.

For what reasons do apartment owners refuse to pay for major repairs of the house in which they live?

Let's consider the most popular reasons why home owners do not want to pay for major home renovations:

The program aimed at improving the housing stock was adopted not so long ago, and besides, there are no specific deadlines for repairs, which means the money will go nowhere. That is why the owners perceive it as another way to force people to pay for something unknown.
Residents must pay for major repairs of the house, but their money may one day repair the attics, entrances and basements of the house, which will never become their property. In addition, people are alarmed by the fact that teams from private companies that carry out commercial activities are hired to carry out repair work.
Many owners do not use the property that the management company offers to bring into proper condition. An example would be the lack of need to repair the elevator for residents of the first floor, since they simply do not use it.

Our lawyers know answer to your question

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What is a major overhaul? What are owners required to pay for?

Even if you regularly pay for the overhaul service, which is included in your receipt, and are not at all worried about whether or not you need to contribute funds to a special fund, then you may probably be interested in the list of work performed for your money. This list includes the following:

Restoration of the building and its facade in accordance with modern trends.
Basement renovation.
Restoring the roof and maintaining the roof in good condition.
Reconstruction of the foundation of the house if necessary.
Restoration of old elevators or installation of new modern cabins.
Updating sewerage, water supply, heating and other types of communications systems.

Based on the above list, it is quite logical that the responsibility for paying for major repairs lies with the homeowners. But the question immediately arises: do exactly the same requirements apply to new buildings that were put into operation no more than two years ago? It turns out that, according to the Housing Code of the Russian Federation, residents of such houses also need to regularly pay for major repairs with a future perspective. In most cases, it is these arguments that become the most main reason the fact that people living in new buildings refuse to pay fees for services that, in their opinion, are incomprehensible.

How can it be legal not to pay for major repairs of an apartment building?

Having considered all the important issues related to paying for major repairs of an apartment building, we will dwell in more detail on how to legally avoid paying for this service. There are several similar methods, but you won’t be able to do it completely without spending money. So:

In addition, you can, of course, not pay for the service at all by simply ignoring the receipt you receive. But such actions may result in sanctions from the management company.

What threatens those who do not pay for major repairs of apartment buildings?

By law, residential property owners have the right to pay not every line on the receipt. However, in reality this is not at all easy to do. If you stop paying for the overhaul service, then the management company may apply penalties, namely:

Send out additional receipts and notifications about the need to pay the debt.
Charge interest on the amount of debt.
Resolve the issue through the court, where the apartment owner will have to explain in detail the reason for refusing to pay for the overhaul service, providing strong evidence in his favor. If you fail to properly justify the refusal, the amount of your debt will likely increase by the amount of legal fees.

As a result, I would like to note that every owner of a home located in an apartment building has two options for legally refusing to pay for major repairs. The first is to ignore receipts for payment for major repairs, which will not be known when. And the second is to use legal ways to evade a significant portion of payments for the service. Naturally, the second option is preferable, since it does not entail the imposition of sanctions from the management company and will not lead to court.

Are residents required to pay contributions to the fund for major repairs?

Yes, it's a duty. Payment is not imposed only on owners of housing belonging to the emergency fund and certain categories of citizens recognized as socially least protected.

And the notorious Determination No. A-57-APG14-2 dated June 4, 2014, which is referred to, in no way repeals the provisions of the law; it is only an answer to the question of the legality of the regional operator’s fund. And what powers he has.

And about the fact that you need to pay for major repairs, without any misinterpretation it is said in federal legislation RF, which has not yet lost its force.

Who has the right not to pay?

Who is not obliged to pay for major repairs of common property in an apartment building? There are such “castes” (Federal Law No. 399-FZ of December 29, 2015). Payment for major repairs for homeowners is not mandatory for:

Some citizens will be reimbursed for expenses up to 50%: these are disabled people of groups 1 and 2, pensioners over 70 years old (single or living in a family only of people of retirement age), disabled people from childhood and those who have a disabled child.

Separately, it is worth mentioning the owners of apartments in new buildings. The law says nothing about them and does not classify them as “legal defaulters”.

Although in their case we will talk about repairs no earlier than in five to ten years. Are homeowners required to pay for major repairs if the building that needed repairs for one reason or another is “younger” than 5 years old? In this case, all work on the restoration of a new apartment building is assigned to the construction company.

It will not be possible not to pay, but there is every reason to hope that their situation will be taken into account by legislators.

We look at the provisions of the law

Is the payment for major repairs mandatory or voluntary? Just a couple of years ago, these contributions were indeed voluntary.

In 2014 (from July 1), changes were made to Federal Law No. 271-FZ. In particular, Article 13 was “decorated” with clause 8.2, and it precisely implies minimum contributions for major repairs.

Is the law perfect? At the moment, the ambiguities are really noticeable, for example, the absence of a boundary between current repairs and major ones.

That is, in practice, of course, everyone understands the difference in terminology - routine repairs are minor corrections, such as painting, plastering, structural repairs. Major works include larger-scale works - improvements to structures, restoration of worn parts, etc.

But the fact of the matter is that The column in bills from housing and communal services is called “current repairs”. But the residents are already paying for it, that’s why they are indignant: why are they obliging them to pay more?!

The only people who should be outraged are the unclear wording of the law, which cannot always be correctly understood immediately. In fact, the money will go to the intended purposes.

The trouble is that the line between current and major repairs is often very arbitrary.

Another reason for the dissatisfaction of the inhabitants of the houses- this is putting money into what they think is a “common pot.” That is, there are two “piggy banks”:

special account for a separate building (established in agreement with the meeting of homeowners);
regional operator account.

It is clear that the last “piggy bank” is more voluminous and contributions from many houses are received there. Is it necessary to pay into the capital repair fund, since many people absolutely rightly do not want to pay for other people’s repairs?

But according to the authorities, there is no need to fear this - strict records of all incoming tranches are kept and not a single house will be repaired at the expense of another.

The size of the trenches in different regions of Russia also varies. Its size is influenced by many nuances, for example, how old the building is, what material it is built from, whether it has an elevator or not, etc.

No down payment and no payment after the first down payment: is there a difference?

Contributions are provisional, the work will be completed when the required amount accumulates in the account. The HOA can take this process completely into its own hands and open its own account.

Is it true, there is one "but"— if the deadline approaches, and it turns out that there are no funds, the owners will have to take out a loan from the bank.

Are we obligated to pay for major home repairs if there is no contract? There is also an opinion: if the contract has not been signed and the first payment has not been made (this is the effective confirmation of the party about the existence of a contractual relationship), then there is no need to pay.

In this case, they refer to Article 425 of the Civil Code, which regulates the adoption of the agreement.

Article 425. Validity of the contract

The agreement comes into force and becomes binding on the parties from the moment of its conclusion.
The parties have the right to establish that the terms of the agreement they have concluded apply to their relations that arose before the conclusion of the agreement, unless otherwise established by law or follows from the essence of the relevant relationship.
The law or contract may provide that the expiration of the contract entails the termination of the obligations of the parties under the contract.
An agreement that does not contain such a condition is recognized as valid until the moment specified in it when the parties fulfill the obligation.
The expiration of the contract does not relieve the parties from liability for its violation.

I would like it that way, but in reality everything again comes down to the notorious Federal Law No. 271-FZ and.

It is they, and not the contract, who dictate to apartment owners whether to pay or not. IN normative legal acts the need for payment is clearly stated.

After the adoption of the law, eight months are allotted for apartment owners to decide at a general meeting to whom they will transfer the contributions - to the regional operator or to a special account for their building.

Because it is the general meeting of owners that is the governing body of the house (Article 44 of the Housing Code), but it is not the final authority.

If no decision has been made, no big deal.— a regional account already exists and was kindly provided by the municipality.

Is it necessary to pay for major repairs? As you can see, the question “is it possible not to pay” is not worth it at all - required by law to pay for repairs. The choice is “where to transfer contributions” - and here the owners are given a certain freedom of action.

Is it worth paying or not?

It's worth it if you don't want any trouble - this Firstly(because only fear of punishment can force many citizens to comply with established rules).

And secondly, it’s worth it if you want to live in a livable house - after all, all tranches are strictly taken into account and house repairs are carried out at their expense.

This means that citizens pay not to the Management Company, but to themselves.

Consequences

Unfavorable:

a gradually deteriorating building (living in it is not only unpleasant, but sometimes unsafe. Few people want to guess, when entering an elevator, whether it will reach the desired floor safely or not);
notifications from the Management Company;
late payments and accrual of penalties;
trial.

The amount of penalties will depend on what tariffs are set in a particular region.

Special mention should be made of how the Management company. Utilities have the right to notify the debtor about overdue payments (official document, by post with a notification against signature), and then apply sanctions.

This includes shutting off utilities. Moreover the presence of minor children will not be an obstacle.

And the measures will follow (clause 80 of the Rules for the provision of public services). Up to “heavy artillery” (a lawsuit demanding eviction), because According to Deputy Minister of Construction and Housing and Communal Services A. Chibis, the situation is almost desperate.

Approximately one quarter of Russians do not consider it necessary to comply with the requirements of the law on mandatory contributions for capital repairs. Whether the authorities will allow someone to disobey the law is a rhetorical question.

Therefore, when asking yourself the question: “Am I obligated to pay into the fund for major home repairs?”, think about this: best way avoid problems from non-payment- this is not to allow it.

To do this, it is necessary to realize that although the wording of the law may still be far from perfect, In any case, you pay yourself and only yourself- for a comfortable and safe stay.