Do I need to pay for major repairs? Is it necessary to pay for major repairs of an apartment building?

According to which, homeowners in an apartment building (more than three) will be charged major renovation dwellings.

Overhaul includes repair of foundations, facades, roofs, elevators and basements, as well as replacement of electrical wiring and in-house engineering systems.

The contribution, as well as the receipt for payment of utility bills, comes to mailbox. Its size depends on in which subject of the Russian Federation the residential premises are located, as well as its type and area.

This was necessary because throughout Russia the number of houses in disrepair or dilapidated condition has sharply increased, and government programs are not able to fully pay for their restoration.

Funds collected from owners are sent to a special fund for major repairs and will be added to existing programs.

Do I have to pay these bills?

According to Federal Law Each owner is obliged to participate in raising funds for major repairs, since they are included in standard payment documents for housing and communal services (Article 169.1 of the Housing Code of the Russian Federation).

If he does not pay the receipts on time, or does not do so at all - Penalties will begin to accrue if payment is not made by the 20th current month(over the past month).

If the owner constantly ignores receipts, the debt (including penalties) can be recovered through court. Also, along with the debt, he will be forced to pay legal costs.

No one can evict a defaulter from an apartment, but various restrictions will apply, including a ban on leaving the country.

Carrying out major renovations to your home does not relieve you of your responsibility to raise funds. They will “accumulate” until next time.

From what age and at what age is the fee charged?

You can become the owner of an apartment from birth, but you can fully manage the property and make payments and transactions after reaching adulthood. Who pays for major repairs of an apartment building and from what age?

Since taking care of the home, maintaining it and the common premises in an apartment building is the responsibility of the owners (Article 30, clause 1 of the Housing Code of the Russian Federation), a citizen who is the owner must pay for major repairs from the age of eighteen.

In December 2015, bill N 399-FZ was adopted, according to which regions will be able to independently decide whether pensioners will pay the contribution. That's why people over 80 years of age can count on 100% compensation for expenses.

It is valid for pensioners living alone and for families consisting of non-working people of retirement age (Article 169, Part 2.1)

Compensation in the amount of 50% of the amount of expenses will be provided to people over 70 years of age, disabled people of the first and second groups, Chernobyl victims, disabled children, persons supporting disabled children (Federal Law of June 29, 2015 No. 176-FZ).

In addition, it is worth paying attention to the age of a particular house; the older it is, the more it needs restoration. Therefore, the amount on the receipt will be higher.

The law provides for a reduced rate for new houses. Federal Law No. 176-FZ allows that residents of new buildings put into operation after the program was approved may not pay these receipts.

Exactly for what period is determined by the regions themselves, but it should not be more than 5 years.

Who should pay for major repairs: the owner or the tenant?

The grounds on which the tenant can live in residential premises:

1. Municipal or service housing. If the tenant lives in municipal housing, then he is obliged to maintain it in proper condition, pay utility and other payments on time, as well as current expenses for the maintenance of common property. These responsibilities are defined in the social tenancy agreement. But major repairs are carried out at the expense of the owner of the housing stock.
2. Privatization. If the apartment was privatized by the tenant, then he is also obliged to maintain the living space in proper condition, but no one has the right to force him to take part in collecting funds for major repairs.
3. Renting a living space. Who should pay for major repairs in this case? Without the consent of the owner, the tenant cannot carry out redevelopment or reconstruction, therefore, he should not be charged any fees. This is the owner's responsibility.

Who pays for major repairs in an apartment building - the owner or the tenant?

Based on this, Payment for major home repairs cannot be demanded from the tenant. Many owners who rent out apartments believe that this amount is included in utility bills, but this is a misconception.

How legal are these contributions?

Since these payments are established by law (Part 1 of Article 158 of the Housing Code of the Russian Federation) - they are mandatory for all citizens of the Russian Federation. And, as mentioned, certain sanctions may be imposed for non-payment.

But since not all payers will wait for repairs (death, sale or other reasons), in October 2015 in Constitutional Court A lawsuit was filed against the Russian Federation by a group of deputies. In it, they expressed their demand to correct the fact that residents must pay for the maintenance of other people's property.

In April 2016 fundraising for the “common treasury” was recognized as absolutely legal. It was also decided to review the order of work in residential premises, according to the objective condition of the houses.

In addition, this order can be challenged in court.

To summarize, we can say that contributions for major home repairs are completely legal and obligatory for payment.

Who pays for major repairs in an apartment building? If you rent housing, you are a tenant, you must understand that paying these receipts is not your concern. This is the responsibility of the owners alone.

Changes made to the Housing Code in 2015 gave rise to confidence among home buyers in the primary market that they will be exempt from fees for major repairs for five years. However, this is not true. In Art. 169 of the Housing Code states that payment of such fees is the responsibility of apartment owners. However, there are still exceptions to this general rule.

When can you not pay fees?

The Housing Code identifies three cases when residents of a house do not pay contributions for major repairs:

• if the building is officially considered unsafe and is awaiting demolition (Part 2 of Article 169 of the Housing Code);
• if the plot under the house and all the apartments in it are seized by the state (ibid.);
• if the residents have already formed a fund for the repair of their home in a special account (Part 8 of Article 170 of the Housing Code).

The termination of payment begins the next day after the occurrence of one of the above circumstances. Debts do not expire; they must be repaid, as well as all accrued penalties. New buildings, that is, housing recently put into operation, are not on this list.

Where did the information about the release of new residents from the obligation to pay come from? And why exactly five years? To answer these questions, you need to carefully read the new housing legislation.

Regional program for major repairs and new buildings

Changes in the law adopted in June 2016 oblige the constituent entities of the Russian Federation to form special capital repair programs (Article 168 of the Housing Code). They list all the apartment buildings in the region, indicating the period for their renovation. Residents of a house that is included in this program will be required to pay contributions to the appropriate fund.

This obligation does not arise immediately, but 8 months after the program is approved. But regional law can shorten this period (Part 3 of Article 169 of the Housing Code). That is, the first notice of the need to pay the contribution may come a month after the house is included in the regional program.

Housing construction is underway at a fast pace. Therefore, overhaul programs must be regularly updated. The law requires this to be done annually (Part 5 of Article 169 of the Housing Code). New houses put into operation by the date of actualization are included in the new version of the regional program. And apartment owners, accordingly, have an obligation to contribute funds to the capital repair fund.

Deferment from payment of contributions

The law does not allow residents to be exempt from participating in the accumulation of funds for major repairs. housing stock, but a delay. It is provided with. 5.1 Art. 170 LCD. It says that if a house is included in the program after its approval, during the next update, then the law of the subject may delay the start of collecting contributions.

Maximum possible period for such a deferment - five years. But not from the moment the house was delivered, but from the date the house was included in the latest version of the program. Maximum possible does not mean mandatory. The authorities of the subject may well decide that collecting funds for major repairs can begin after three or one year. Or even in the month that comes after the program is approved. This does not contradict the Housing Code.

The five-year period was not chosen by chance. That's exactly what it is the minimum warranty period provided for a new building. (Part 5 of Article 7 of Law No. 214-FZ). If during this time there are deficiencies in the house that require major repairs, then most likely they will be associated with construction defects. And the developer company will eliminate them at its own expense as part of the warranty.

From all that has been said, the following conclusion follows: residents of new buildings are required to pay contributions for major repairs on the same basis as other apartment owners. Only regional authorities can provide them with a deferment of up to five years.

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 monetary obligations on the maintenance of the housing stock on the population.

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 apartment buildings, which requires a separate column in the receipt.

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Amounts of contributions and payment procedure

How much to pay for major renovations of an 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:

1. Assessment of the required list of repair work;
2. Availability of payment for all categories of payers living in a certain territory;
3. 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 amount of the monthly payment, the total area, calculated in square meters, should be multiplied 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.

Before entry into force Federal Law RF dated December 25, 2012 No. 271-FZ “On amendments to the Housing Code of the Russian Federation and certain legislative acts RF and the recognition of certain provisions of legislative acts of the RF as having lost force” (hereinafter referred to as Law No. 271-FZ), the Housing and Communal Services Fund helped carry out major repairs of apartment buildings. Now the fund will only sponsor the relocation of citizens from dilapidated and dilapidated housing. After entry into force Federal Law No. 271-FZ Owners of living space in the area will pay for major repairs. apartment buildings. Payments for major repairs are mandatory. The monthly fee in each region is set separately and will vary from 5 to 7 rubles per square meter.

Let's look at the pros and cons of Federal Law No. 271-FZ and 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 Housing Code of the Russian Federation (clause 1 of Article 158) clearly states:

Responsibility for the maintenance of owned housing lies with its owners. In other words, a person who has purchased, privatized or otherwise acquired ownership of an apartment in an apartment building receives not only the rights, but also the responsibilities for maintaining the housing in proper condition (repairing the roof, facade, foundation, etc.).

Law No. 271-FZ, recognizing the payment for major repairs as mandatory for all owners, is aimed at creating a clear mechanism that will allow major repairs of the entire housing stock to be carried out as planned.

In case of inappropriate use cash collected for the overhaul of apartment buildings, Federal Law No. 271-FZ provides for the following decisions:

1st option: by the end of 2013, the regions of the Russian Federation must create a capital repair fund and establish state enterprise– regional operator. The regional operator will carry out major repairs using funds that will go to the fund according to a plan that will include every apartment building in a constituent entity of the Russian Federation. Local government bodies will compile such lists. The registers will be located in public access, and every citizen will be able to monitor the progress of the repair queue. Each region will have its own fee for residents, but the federal and regional budgets will co-finance capital repairs.

This fundraising option 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 that of others. By general rule officials allow the funds collected from one house to be used for major repairs of another, according to the approved schedule. One can only guess how the queue will be formed, and who will receive assistance first, 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. In this case, 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 major repairs, the owners can go to court to protect their interests.

Video: Discussion of the law on payments for major repairs in 2016. Is it possible to “not pay fees for major repairs” from July 2015

Should I pay for major home renovations in 2016?

After Law No. 271-FZ comes into force, owners of living space in apartment buildings will pay for major repairs. Payments for major repairs are mandatory.

The monthly fee in each region is set separately and will vary from 5 to 7 rubles per square meter.
Local governments are required to create a capital repair fund and appoint a regional operator who will repair the housing stock and promptly publish information about the condition of the houses being repaired on the Internet.
At first glance, everything is very clear, moreover, in some regions, even before the adoption of this law, owners paid for major repairs of residential buildings, but around this document there are a lot of speculations and rumors about how this money will be collected and spent.
So, for example, it was unclear what fate awaited the money contributed by the residents: would they be put into a separate bank account and repairs would only be made on them? concrete house or the authorities will create a “common pot”, funds from which will be spent as needed.

Is there a way not to pay fees for major repairs of apartment buildings?

The law provides three possibilities not to pay.

1. You don't have to pay if the house is considered unsafe.
2. Because According to the new law on major repairs, the decision is made by the residents themselves, then according to general decision The payment collection process can be stopped after collecting the required amount.
3. Use rental proceeds as contributions non-residential premises in the house (if it is common property) and renting out the facades of the house for advertising.

As you can see, all of the above methods are just small exceptions to the rules. True, the issue of exempting residents of new buildings from fees is currently being discussed at the Russian government level.

What happens to those who don't pay?

The overhaul contribution will appear in overall score for utilities. However, Muscovites theoretically have the right to pay the receipt not in full. At the same time, the regional capital repair fund says that they will deal with debtors according to the scheme worked out by other utility organizations - first send them notifications, and then sue them. And the amount collected through the court will contain interest and court costs. Therefore, it is better not to delay payments and pay all fees on time.

Is it possible to apply for a subsidy for the contribution towards major repairs?

Yes, such a possibility is provided. The contribution is considered a payment for housing and communal services. Therefore, if, with its advent, your payment for these services exceeds the standard for the maximum allowable share of citizens’ expenses for housing and communal services, you will have the right to apply for a subsidy.

What happens if residents paid fees for repairs, and then their house is declared unsafe?

This is one of the most difficult issues today. According to the law, from the day the house is recognized as unsafe, residents will be exempt from contributions for major repairs. However, the funds collected into the general pot of the overhaul program cannot be used to resettle the house. Meanwhile, the program for relocating dilapidated houses with funds from the federal budget is currently designed only until 2015.

IN lately A fraud scheme has emerged in which you can lose your home, even if you have in your hands (at home) a certificate of ownership of the apartment. Attackers simply conclude a purchase and sale agreement on your behalf, and receive the certificate as a duplicate.

(as amended on June 29, 2015)
» On amendments to the Housing Code Russian Federation and certain legislative acts of the Russian Federation and the recognition as invalid of certain provisions of legislative acts of the Russian Federation"

Federal Law of December 25, 2012 N 271-FZ
(as amended on June 29, 2015)

“On amendments to the Housing Code of the Russian Federation and certain legislative acts of the Russian Federation and the recognition as invalid of certain provisions of legislative acts of the Russian Federation”

RUSSIAN FEDERATION

FEDERAL LAW

ABOUT MAKING CHANGES

IN THE HOUSING CODE OF THE RUSSIAN FEDERATION AND SEPARATE

LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION AND RECOGNITION

CERTAIN LEGISLATIVE PROVISIONS ARE VOID

ACTS OF THE RUSSIAN FEDERATION

State Duma

Federation Council

List of changing documents

(as amended by Federal Law dated June 29, 2015 N 176-FZ)

Introduce into the Housing Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, No. 1, Art. 14; 2006, No. 1, Art. 10; N 52, Art. 5498; 2007, No. 1, Art. 13, 14, 21; N 43, art. 5084; N 17, art. 2251; 5711, art. 6153, art. 2278; art. 4590; 49, art. 7027, 7359, art. 1163; art. 3446; 27, Art. 3587; No. 31, Art. 4322) the following changes:

1) Article 2 shall be supplemented with clause 6.1 as follows:

“6.1) organize the provision of timely major repairs of common property in apartment buildings at the expense of contributions from the owners of premises in such buildings for major repairs of common property in apartment buildings, budget funds and other sources of financing not prohibited by law;”;

2) in part 1 of article 4:

a) paragraph 11 should be supplemented with the words “, including payment of a contribution for major repairs of common property in an apartment building (hereinafter also referred to as the contribution for major repairs)”;

b) add clause 11.1 with the following content:

“11.1) the formation and use of a capital repair fund for common property in an apartment building (hereinafter referred to as the capital repair fund);”;

3) in article 12:

a) add clause 10.1 with the following content:

“10.1) determining the procedure for establishing the need for major repairs of common property in an apartment building;”;

b) add clause 16.4 with the following content:

“16.4) monitoring the use of housing stock and ensuring its safety;”;

c) add clause 16.5 with the following content:

d) add clause 16.6 with the following content:

“16.6) monitoring the choice and implementation by owners of premises in an apartment building of a method for forming a capital repair fund;”;

4) Article 13 shall be supplemented with clause 8.2 as follows:

“8.2) establishing the minimum amount of contribution for major repairs;”;

5) Article 19 is supplemented with part 6 as follows:

"6. Monitoring 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 common property of premises owners in apartment buildings,” add the words “formation of capital repair funds,” after the words “provision utilities owners and users of premises in apartment buildings and residential buildings" shall be supplemented with the words "specialized non-profit organizations that 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 “checks” legal entities» add the words “(except for regional operators)”, add the following sentence: “The provisions of the specified Federal Law are applied to relations related to the implementation of state housing supervision in relation to the activities of regional operators, the organization and conduct of their inspections, taking into account the features provided for in part 4.3 of this article.”;

c) add part 4.3 with the following content:

"4.3. Inspections of the activities of regional operators are carried out at any frequency and without the formation of an annual plan. scheduled inspections. There is no time limit for inspections. Unscheduled inspections of regional operators are carried out without coordination with the prosecutor’s office and without prior notification of regional operators about the conduct of such inspections.”;

7) add 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 have the rights to funds located in a special account intended for transferring funds for major repairs of common property in an apartment building and opened with a credit organization (hereinafter referred to as the special account), and formed from contributions to capital repairs, interest paid in connection with improper fulfillment 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 a premises in an apartment building in the right to funds located in a special account is proportional to the total amount of contributions for major repairs paid by the owner of such premises and the previous owner of such premises.

3. The right of the owner of a premises in an apartment building to a share of the funds in a special account follows the fate of the ownership of such premises.

4. When transferring ownership of premises in an apartment building, the share of the new owner of such premises in the right to funds located in a special account is equal to the share in the right to these funds of the previous owner of such premises.

5. The owner of premises in an apartment building does not have the right to demand the allocation of his share of funds in a special account.

6. When acquiring ownership of a premises in an apartment building, the acquirer of such premises receives a share in the right to the funds in a special account.

7. The terms of the agreement, according to which the transfer of ownership of premises in an apartment building is not accompanied by the transfer of a share in the right to funds located in a special account, are void.”;

In part 2 of article 44:

a) paragraph 1 should be supplemented with the words “on the use of the capital repair fund”;

b) add clause 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 its excess over the established minimum amount of the contribution for capital repairs, the minimum amount of the capital repair fund in terms of its excess over the established minimum size of the capital repair fund ( in the event that the law of a constituent entity of the Russian Federation establishes a minimum size of the capital repair fund), choosing a person authorized to open a special account and carry out transactions with funds located in the special account;”;

c) add clause 1.2 with the following content:

“1.2) making decisions on the receipt by a homeowners’ association or a housing construction cooperative, a housing cooperative or another specialized consumer cooperative, a management organization and, in the direct management of an apartment building, by the owners of premises in this building by a person authorized by a decision of the general meeting of such owners, a loan or loan for major repairs of common property in an apartment building, on determining essential conditions loan agreement or a loan agreement, on the receipt by these persons of a guarantee, surety for this loan or loan and on the conditions for receiving the specified guarantee, surety, as well as on the repayment from the capital repair fund of a loan or loan used to pay for the costs of major repairs of common property in an apartment building , and on the payment of interest for the use of this credit or loan, payment from the capital repair fund of expenses for obtaining the specified guarantee, surety;";

9) clause 5 of part 2 of article 153 add the words “taking into account the rule established by part 3 of Article 169 of this Code”;

10) Part 2 of Article 154 should be stated as follows:

"2. Payment for residential premises and utilities for the owner of premises in an apartment building includes:

1) fees for the maintenance and repair of residential premises, including fees for services and work related to the management of an apartment building, maintenance, and routine repairs of common property in an apartment building;

2) contribution for major repairs;

3) payment for utilities.”;

11) in article 155:

a) in part 5, the words “, current and capital” are replaced with 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 should be supplemented with the words “including paying contributions for major repairs in accordance with Article 171 of this Code”;

c) in part 7, the words “cases provided for in part 7.1 of this article” should be replaced with the words “cases provided for in part 7.1 of this article and article 171 of this Code”;

d) part 14 after the word “(debtors)” should be supplemented with the words “(except for contributions for capital repairs)”;

e) add part 14.1 as follows:

"14.1. Owners of premises in an apartment building who have lately and (or) not fully paid contributions for capital repairs are required to pay interest to the capital repair fund in the amount established in the manner prescribed by Part 14 of this article. Payment of the specified interest is carried out in the manner established for the payment of contributions for major repairs.”;

12) article 156:

a) add part 8.1 with the following content:

"8.1. The minimum amount of the contribution for major repairs is established by a regulatory legal act of a constituent entity of the Russian Federation in accordance with 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 occupied total area of ​​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 floors, the cost of major repairs of individual elements building structures and engineering systems of an apartment building, the standard periods of their effective operation before the next major repair (standard inter-repair periods), as well as taking into account the list of works on major repairs of common property in an apartment building established by this Code and the regulatory legal act of the constituent entity of the Russian Federation.”;

b) add part 8.2 with the following content:

"8.2. 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 contribution established by a regulatory legal act of a constituent entity of the Russian Federation.”;

13) in article 158:

a) Part 1 should be supplemented with the words “and contributions for capital repairs”;

b) part 2 should be stated as follows:

"2. Expenses for major repairs of common property in an apartment building are financed from the capital repair fund and other sources not prohibited by law.”;

c) part 3 should be supplemented with the words “including the obligation not fulfilled by the previous owner to pay contributions for major repairs”;

14) in article 159:

a) in part 6, the second sentence should be stated as follows: “The amount 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 (rental fee) for tenants under social tenancy agreements living in residential premises located in apartment buildings, the level of improvement, design and technical parameters of which correspond to the average conditions in the municipality, the amount of payment used to calculate the fee for the maintenance and repair of residential premises for these tenants, prices, tariffs and standards for the consumption of utility services used to calculate utility fees for these tenants.", supplemented 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 to calculate maintenance fees and repair of residential premises for the specified tenants, the minimum amount of contribution for capital repairs (when paying in accordance with this Code of contributions for capital repairs), prices, tariffs for resources necessary for the provision of utilities, and utility consumption standards used to calculate fees for utilities for the specified tenants.”;

b) part 11, after the words “cost of housing and communal services”, add 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:

“Title IX. ORGANIZATION OF CAPITAL REPAIRS

COMMON PROPERTY IN APARTMENT BUILDINGS

Chapter 15. GENERAL PROVISIONS ABOUT CAPITAL REPAIRS

COMMON PROPERTY IN APARTMENT BUILDINGS AND ORDER

ITS FINANCING

Article 166. Major repairs of common property in an apartment building

1. List of services and (or) work on major repairs of common property in an apartment building, the provision and (or) implementation of which is financed from the capital repair fund, formed on the basis of the minimum amount of contribution for major repairs established by the regulatory legal act of the constituent entity of the Russian Federation , includes:

1) repair of in-house engineering systems of electrical, heat, gas, water supply, and wastewater disposal;

2) repair or replacement of elevator equipment declared unsuitable for operation, repair of elevator shafts;

3) roof repair, including the conversion of a non-ventilated roof to a ventilated roof, installation of exits to the roof;

4) repair of basements belonging to common property in an apartment building;

5) insulation and repair of the facade;

6) installation of collective (common house) meters for metering the consumption of resources necessary for the provision of public services, and control and regulation units for the consumption of these resources (thermal energy, hot and cold water, electrical energy, gas);

7) repair of the foundation of an apartment building.

2. A regulatory legal act of a constituent entity of the Russian Federation provides a list of services and (or) work on major repairs of common property in an apartment building, financed from the capital repair fund, the amount of which is based on the minimum amount of contribution for major repairs established by a regulatory legal act of a constituent entity of the Russian Federation Federation, may be supplemented with other types of services and (or) works.

3. If the owners of premises in an apartment building decide to establish a contribution for capital repairs in an amount exceeding the minimum contribution for capital repairs, part of the capital repair 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) major repairs of common property in an apartment building.

4. List of services and (or) work on major repairs of common property in an apartment building that can be financed from funds state support provided by a constituent entity of the Russian Federation is determined by a regulatory legal act of a constituent entity of the Russian Federation.

Article 167. Ensuring timely capital repairs of common property in apartment buildings

State authorities of a constituent entity of the Russian Federation adopt normative legal acts that are aimed at ensuring the timely implementation of major repairs of common property in apartment buildings located on the territory of a constituent entity of the Russian Federation, and by which:

1) the minimum amount of contribution for major repairs of common property in an apartment building is established;

2) the procedure for monitoring is established technical condition apartment buildings;

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 activities of the regional operator is established;

4) the procedure and conditions for providing state support for major repairs of common property in apartment buildings are approved, including for the provision of guarantees, guarantees for loans or borrowings, 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 capital repair 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 a special account is opened (hereinafter referred to as the owner of the special account) and the regional operator of 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 these persons, and the procedure for providing such information;

7) establishes the procedure for the payment by the owner of a special account and (or) the regional operator of funds from the capital repair fund to the owners of premises in an apartment building, as well as the procedure for using funds from the capital repair fund for the purpose of demolition or reconstruction of an apartment building in cases provided for by this Code;

A procedure is established for monitoring the targeted expenditure of funds generated from contributions for major repairs and ensuring the safety of these funds.

Article 168. Regional program for capital repairs of common property in apartment buildings

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 for the purpose of planning and organizing the overhaul of common property in apartment buildings, planning for the provision of state support, municipal support for the overhaul of common property in apartment buildings at the expense of funds from the budgets of the constituent entities of the Russian Federation, local budgets (hereinafter referred to as state support, municipal support for capital repairs).

2. The regional capital repair program for common property in apartment buildings (hereinafter referred to as the regional capital repair program) is formed for the period necessary to carry out major repairs of common property in all 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 in accordance with the procedure established by the Government of the Russian Federation as unsafe and subject to demolition;

2) a list of services and (or) works for major repairs of common property in apartment buildings;

3) the planned year for major repairs of common property in apartment buildings;

4) other information to be included in the regional capital repair program in accordance with the regulatory legal act of the constituent entity of the Russian Federation.

3. The order of major repairs of common property in apartment buildings is determined in the regional capital repair program based on the criteria that are established by the law of the constituent entity of the Russian Federation and can be differentiated by municipalities. As a matter of priority, the regional capital repair program should provide for the following major repairs:

1) common property in apartment buildings that required major repairs on the date of privatization of the first residential premises, provided that such major repairs were not carried out on the date of approval or updating of the regional capital repair program;

2) apartment buildings, major repairs of which are required in order to establish the need for major repairs of common property in an apartment building, approved by the Government of the Russian Federation.

4. Introducing changes into the regional capital repair program that provide for postponing the established period for major repairs of common property in an apartment building to a later period, reducing the list of planned types of services and (or) work on major repairs of common property in an apartment building is not allowed, with the exception of cases of adoption of an appropriate decision by the owners of premises in this apartment building.

5. The regional capital repair program must be updated at least once a year.

6. The procedure for preparing and approving regional capital repair programs and 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 capital repairs of common property in apartment buildings, clarify the planned types of services and (or) work on major repairs of common property in apartment buildings, determine the types and volume of state support, municipal support for capital repairs State authorities of a constituent entity of the Russian Federation and local governments are required to approve short-term (for a period of up to three years) plans for the implementation of a regional capital repair program in the manner established by a regulatory legal act of a constituent entity of the Russian Federation.

Article 169. Contributions for major repairs of common property in an apartment building

1. Owners of premises in an apartment building are required to pay monthly contributions for major repairs of common property in an apartment building, with the exception of cases provided for in 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 corresponding decision is made by the general meeting of owners of premises in an apartment building, in larger size.

2. Contributions for major repairs are not paid by the owners of premises in an apartment building recognized in accordance with the procedure established by the Government of the Russian Federation as unsafe and subject to demolition, as well as in the event that an executive body of state power or a local government body makes decisions on seizure for state or municipal needs land plot, 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 subject of the Russian Federation or a municipal entity. Owners of premises in an apartment building are exempt 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, if more early date not established by law of a constituent entity of the Russian Federation, starting from the month following the month in which the approved regional capital repair program was officially published, in which this apartment building is included.

4. Income from the transfer for use of common property in an apartment building, funds from the homeowners’ association, including income from economic activity homeowners' association, may be directed by decision of the owners of premises in an apartment building, the decision of members of the homeowners' association, adopted in accordance with this Code, the charter of the homeowners' association, for the formation of a capital repair fund to fulfill the obligation of the owners of premises in an apartment building to pay contributions for major renovation.

Article 170. Capital repair fund and methods of forming this fund

1. Contributions for capital 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 the obligation to pay contributions for capital repairs, interest accrued for the use of funds located in 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 from the capital repair fund to pay for the cost of services provided and (or) work performed on major repairs of common property in an apartment building and advances for the specified services and (or) work.

3. Owners of premises in an apartment building have the right to choose one of the following methods for 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 located in a special account (hereinafter referred to as the formation of a capital repair fund in 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 the obligatory rights of the owners of premises in an apartment building in relation to the regional operator (hereinafter referred to as 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 it on a special account as a method of forming a capital repair fund, the decision of the general meeting of owners of premises in the apartment building must determine:

1) the amount of the monthly contribution for major repairs, which should not be less than the minimum amount of the contribution for major repairs established by the regulatory legal act of the constituent entity of the Russian Federation;

2) - 3) are no longer valid. — Federal Law of June 29, 2015 N 176-FZ;

4) owner 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 constituent entity 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 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 has been opened and is considered transferred to the discretion of the regional operator.

5. The decision to determine the method of forming a 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 constituent entity of the Russian Federation, but no more than within two months after the official publication of the document approved in the law of the constituent entity of the Russian Federation in accordance with the regional capital repair program, which includes an apartment building, in relation to which the issue of choosing a method for forming its capital repair fund is being decided. In order to implement the decision to form a capital repair fund in 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 formalized this decision.

6. No later than a month before the end of the period established by part 5 of this article, the local government body convenes a general meeting of owners of premises in an apartment building to decide on the choice of method for forming a capital repair fund, if such a decision has not been made earlier.

7. If the owners of premises in an apartment building, within the period established by part 5 of this article, did not choose the method of forming a capital repair fund or the method they chose was not implemented within the period established by part 5 of this article, and in the cases provided for by part 7 of the article 189 of this Code, the local government body makes a decision 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 a constituent entity of the Russian Federation may establish a minimum size of capital repair funds in relation to apartment buildings, the owners of premises in which create these funds in special accounts. Owners of premises in an apartment building have the right to establish the size of the capital repair fund for their building in an amount greater than the established minimum size of the capital repair fund. Upon reaching the minimum size of the 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 contributions for capital repairs, with the exception of owners who are in arrears in paying these contributions.

Article 171. Peculiarities of paying contributions for major repairs

1. In the case 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 major repairs on the basis of payment documents submitted by the regional operator, within the time limits established for payment for residential premises and utilities, unless otherwise provided by law subject of the Russian Federation.

2. In the case of the formation of a capital repair fund in a special account opened in the name of the person specified in Part 3 of Article 175 of this Code, contributions for capital repairs are paid to such a special account within the time limits established for payment for residential premises and utilities.

Article 172. Control over the formation of the capital repair fund

1. The owner of a special account, within five working days from the moment of opening a special account, is obliged to submit to the state housing supervision body a notification about the method chosen by the owners of premises in the corresponding apartment building for forming a capital repair fund, attaching a copy of the minutes of the general meeting of owners of premises in this apartment building on the adoption decisions provided for in parts 3 and 4 of Article 170 of this Code, a bank certificate on opening a special account, unless otherwise established by the law of the constituent entity of the Russian Federation.

2. The regional operator is obliged to submit to the state housing supervision body, in the manner and within the time limits established by the law of the constituent entity of the Russian Federation, information provided for by the law of the constituent entity of the Russian Federation about apartment buildings, the owners of the premises in which create 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 state housing supervision body, in the manner and within the time limits established by the law of the constituent entity of the Russian Federation, information about the receipt of contributions for major repairs from the owners of premises in an apartment building, about the amount of the balance of funds in the special account.

4. The state housing supervision body maintains a register of notifications specified in part 1 of this article, a register of special accounts, informs the local government body and the regional operator about apartment buildings in which the owners of the premises have not chosen the method of forming capital repair funds and (or) have not implemented it .

5. The state housing supervision body provides the information specified in parts 1 - 4 of this article to the federal executive body exercising the functions of developing and implementing public 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. Change in the method of forming the capital repair fund

1. The method of forming a capital repair fund can be changed at any time based on a decision of the general meeting of owners of premises in an apartment building.

2. In the event that a loan or loan has been provided for major repairs of common property in an apartment building and has not been repaid, or there is a debt to pay for services rendered and (or) work performed on major repairs of common property in an apartment building to be repaid from the capital repair fund , a change in the method of forming a capital repair fund in relation to this apartment building is permitted 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 forming a 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 such a decision is made is sent to the owner of a special account to which contributions for major repairs of common property in such an apartment building are transferred, or to the regional operator, to the account to which these contributions are transferred.

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 comes 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 subject 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 said decision comes into force, the regional operator transfers the funds from the capital repair 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 comes 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 part 2 of this article. Within five days after the said decision comes into force, the owner of the special account transfers the funds from the capital repair fund to the account of the regional operator.

Article 174. Use of funds from the capital repair fund

1. Funds from the capital repair fund can be used to pay for services and (or) work on major repairs of common property in an apartment building, development of design documentation (if the preparation of design documentation is necessary in accordance with the legislation on urban planning activities), payment for construction services control, repayment of credits, loans received and used 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 capital repair fund, within the amount formed on the basis of the minimum amount of contribution for capital repairs established by the regulatory legal act of the constituent entity of the Russian Federation, only the work provided for in Part 1 of Article 166 of this Code and the work provided for by the law of the constituent entity can be financed Russian Federation, repayment of loans received and used to pay for these works, and payment of interest for the use of these loans.

2. If an apartment building is recognized as unsafe and subject to demolition or reconstruction, the funds from 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 the premises in this apartment building, and in case of seizure for the 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 municipal entity, the capital repair fund funds are distributed between the owners of premises in this apartment building in proportion to the amount of contributions they paid for capital repairs and contributions for capital repairs paid by previous owners of the relevant premises.

Chapter 16. FORMATION OF A CAPITAL REPAIR FUND

ON A SPECIAL ACCOUNT

Article 175. Special account

1. A special account is opened in 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 are used for the purposes specified in Article 174 of this Code.

2. The owner of a special account can be:

1) a homeowners’ association that manages an apartment building and was created by the owners of premises in one apartment building or several apartment buildings, the number of apartments in which totals no more than thirty, 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 the owners of premises in these houses;

2) a housing cooperative or other specialized consumer cooperative managing an apartment building.

3. Owners of premises in an apartment building have the right to decide to choose a regional operator as the owner of a special account.

4. Owners of premises in an apartment building have the right to create a capital repair fund only in one special account. A special account can accumulate funds from the capital repair fund of premises owners in only one apartment building.

5. The special account agreement is of unlimited duration.

6. Money held in a special account cannot be recovered for the obligations of the owner of this account, with the exception of obligations arising from agreements 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) performance of work on major repairs of common property in this apartment building, concluded on the basis of a decision of the general meeting of owners of premises in the apartment building to carry out major repairs or otherwise legally.

Article 176. Features 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, provided for by banking rules.

2. A special account can be opened in Russian credit institutions, the amount own funds(capital) of which is no less than twenty billion rubles. The Central Bank of the Russian Federation quarterly posts information about credit institutions that meet the requirements established by this part on its official website on the Internet.

3. The special account agreement can be terminated upon application by the owner of the special account if there is a decision documented in the minutes of the general meeting of owners of premises in an apartment building to change the method of forming the capital repair fund, to replace the owner of the special account or credit institution, provided that there is no outstanding debt on what was received in this credit organization for a loan for major repairs of common property in an apartment building.

4. The balance of funds when closing a special account is transferred at the request of the owner of the special account:

1) to the account of the regional operator in case of a change in the method of forming the capital repair fund;

2) to another special account in case of replacement of the owner of the special account or credit institution on the basis of a decision of the general meeting of owners of premises in the corresponding 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. If the owner of the special account does not terminate the special account agreement or does not submit an application to transfer the balance of funds in the special account to the account of a 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 by this part, any owner of premises in an apartment building, and in the case provided for in paragraph 1 of part 4 of this article, also the regional operator has the right to apply to the court for the recovery of funds located in a special account of this apartment building, with their transfer to another special account or to the account of a regional operator.

Article 177. Carrying out operations on special account

1. The following operations can be performed on a special account:

1) write-off of funds associated with payments for services rendered and (or) work performed on major repairs of common property in an apartment building and payments for other services and (or) work specified in Part 1 of Article 174 of this Code;

2) write-off of funds to repay credits, loans received to pay for services and (or) work 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 sureties for such loans , loans;

3) in the event of a change in the special account, transfer of funds located in this special account to another special account and crediting to this special account of funds written off from another special account, based on the decision of the owners of premises in an apartment building;

4) in case of a change in the method of forming the capital repair fund, transfer of funds to the account of the regional operator and 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, accruing interest for improper fulfillment of the obligation to pay such contributions;

6) accrual of interest for the use of funds and write-off of commissions in accordance with the terms of the special account agreement;

7) transfer of funds located in this special account in the cases provided for in Part 2 of Article 174 of this Code;

Other transactions for writing off and crediting funds related to the formation and use of funds from the capital repair fund in accordance with this Code.

2. Operations on a special account not provided for in Part 1 of this article are not allowed.

3. The bank, in the manner established by this article, banking rules and the special account agreement, is obliged to ensure compliance of transactions carried out on the special account with the requirements of this Code.

4. Transactions for transferring funds from a special account can be carried out by the bank at the direction of the owner of the special account to persons providing services and (or) carrying out work on major repairs of common property in an apartment building, upon provision of the following documents:

1) minutes of the general meeting of owners of premises in an apartment building, containing the decision of such meeting on the provision of services and (or) on the performance of major repairs of common property in an apartment building;

2) an agreement on the provision of services and (or) on the performance of work on major repairs of common property in an apartment building;

3) act of acceptance of services provided 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 advance payment transaction for the provision of services and (or) work in the amount of no more than thirty percent of the cost of such services and (or) work under the contract specified in paragraph 2 of this part.

5. Operations to write off funds from a special account to repay loans, borrowings and to pay interest on loans received for major repairs 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 meeting to conclude a credit agreement, 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 to carry out the corresponding transaction, in support of which the documents specified in parts 4 and 5 of this article are not presented.

7. The bank in which the special account is opened and the owner of the special account provide, at the request of any owner of the premises in an apartment building, information on the amount of payments credited to the account from the owners of all premises in the apartment building, on the balance of funds in the special account, on all transactions on this special account.

Chapter 17. FORMATION OF CAPITAL REPAIR FUNDS

REGIONAL OPERATOR. ACTIVITIES OF THE REGIONAL

OPERATOR FOR FINANCING CAPITAL REPAIRS OF GENERAL

PROPERTY IN MULTIPLE BUILDINGS

Article 178. Legal status of the regional operator

1. The regional operator is a legal entity created in the organizational and legal form of a fund.

2. A regional operator is created by a subject of the Russian Federation, and it can create several regional operators, each of which operates on part of the territory of such a subject of the Russian Federation.

3. The activities of the regional operator are carried out in accordance with federal laws and other regulations 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 does not have the right to create branches and open representative offices, as well as create commercial and non-profit organizations, participate in the authorized capital of business companies, or the property of other commercial and non-profit organizations.

5. Losses caused to the owners of premises in apartment buildings as a result of non-fulfillment or improper fulfillment by the regional operator of its obligations arising from agreements 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 paid contributions for major repairs in accordance with civil legislation.

6. A subject of the Russian Federation bears subsidiary liability for failure to fulfill 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 methodological recommendations 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 carries out 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 the regional operator

1. The property of the regional operator is formed through:

1) contributions of the founder;

2) payments by owners of premises in apartment buildings that form capital repair funds on the account of the regional operator;

3) other sources not prohibited by law.

2. The property of the regional operator is used to perform its functions in the manner established by this Code and other regulatory legal acts of the Russian Federation and adopted in accordance with this Code by the law of the constituent entity of the Russian Federation and other regulatory legal acts of the constituent entity of the Russian Federation.

3. Funds received by the regional operator from the owners of premises in apartment buildings, forming capital repair funds on the account of the regional operator, can only be used to finance the costs of major repairs of common property in these apartment buildings. The use of these funds for other purposes, including payment of administrative and business expenses of the regional operator, is not permitted.

4. Funds received by the regional operator from the owners of premises in some apartment buildings, forming capital repair funds on the account, accounts of the regional operator, can be used on a repayable basis to finance capital repairs of common property in other apartment buildings, the owners of premises in which also form funds major repairs on the account of the same regional operator. In this case, the law of a constituent entity of the Russian Federation may establish that such use of funds is permitted only if the specified apartment buildings are located on the territory of a certain municipal entity or the territories of several municipal entities.

Article 180. Functions of the regional operator

1. The functions of the regional operator are:

1) accumulation of contributions for capital repairs paid by owners of premises in apartment buildings, in respect of which capital repair funds are formed on the account of the regional operator;

2) opening special accounts in one’s name and performing 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 chose a regional operator as the owner of a special account. The regional operator does not have the right to refuse the owners of premises in an apartment building to open such an account in their name;

3) performing the functions of a technical customer for major repairs of common property in apartment buildings, the owners of premises in which create capital repair funds on the account of the regional operator;

4) financing the costs of capital repairs of common property in apartment buildings, the owners of premises in which create capital repair funds on the account, accounts of the regional operator, within the limits of these capital repair funds, using, if necessary, funds received from other sources, including from budget of a constituent entity of the Russian Federation and (or) local budget;

5) interaction with government authorities of a constituent entity of the Russian Federation and local governments in order to ensure timely capital repairs of common property in apartment buildings, the owners of premises in which create capital repair funds on the account of the regional operator;

6) other provisions provided for by this Code, the law of the constituent entity of the Russian Federation and constituent documents regional function operator.

2. The procedure for the regional operator to perform its functions, including the procedure for its financing of capital repairs of common property in apartment buildings, is established by the law of the constituent entity 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 decided 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 decided on the method of forming a capital repair fund, in the case provided for in 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 capital repairs in the manner established 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 premises in this apartment building act as one party to the concluded agreement.

2. Under the agreement on the formation of a capital repair fund and on the organization of capital repairs, the owner of the premises in an apartment building, on a monthly basis and in full, undertakes to make contributions for major repairs to the account of the regional operator, and the regional operator undertakes ensure that capital repairs of common property in this apartment building are carried out within the time frame determined by the regional capital repair program, finance such capital repairs and, in cases provided for by this Code, transfer funds in the amount of the capital repair fund to a special account or pay money to the owners of premises in the apartment building funds corresponding to the shares of such owners in the capital repair fund.

3. In the cases provided for in Part 7 of Article 170 of this Code, the regional operator, within ten days after the local government body makes a decision on the formation of a capital repair fund in relation to an apartment building on the account of the regional operator, must send to the owners of the premises in this apartment building and (or) persons managing this apartment building, a draft agreement on the formation of a capital repair fund and on the organization of major repairs of common property in this apartment building.

4. If, before the deadline established by the regional capital repair program for capital repairs of common property in an apartment building, separate work on major repairs of common property in this apartment building, provided for by the regional capital repair program, was carried out, payment for these works was carried out without the use of budget funds funds and resources of the regional operator and, in this case, in order to establish the need for major repairs of common property in an apartment building, repeated performance of this work within the period established by the regional capital repair program is not required, funds in an amount equal to the cost of these works, but not more than the amount the maximum cost of these works, determined in accordance with Part 4 of Article 190 of this Code, are counted in the manner established by the law of the constituent entity of the Russian Federation, towards the fulfillment for the future period of obligations to pay contributions for capital repairs by owners of premises in apartment buildings that form capital repair funds for account, regional operator accounts.

Article 182. Responsibilities of the regional operator for organizing major repairs of common property in apartment buildings

1. The regional operator ensures the overhaul of common property in an apartment building, the owners of the premises in which form a capital repair fund on the account of the regional operator, in the amount and within the time frame provided for by the regional capital repair program, and financing of the overhaul of common property in an apartment building, including in the event of insufficient capital repair fund funds, at the expense of funds received through payments from owners of premises in other apartment buildings that form capital repair funds in the account, accounts of the regional operator, at the expense of subsidies received from the budget of a constituent entity of the Russian Federation and (or ) local budget.

2. In order to ensure the implementation of major repairs of common property in an apartment building, the regional operator is obliged to:

1) within the time limits provided for in Part 3 of Article 189 of this Code, prepare and send to the owners of premises in an apartment building proposals on the start date for major repairs, necessary list and on the volume of services and (or) work, their cost, on the procedure and sources of financing for capital repairs of common property in an apartment building and other proposals related to such capital repairs;

2) ensure the preparation of assignments for the provision of services and (or) the performance of major repairs and, if necessary, the preparation of design documentation for major repairs, approve the design documentation, be responsible for its quality and compliance with the requirements of technical regulations, standards and others regulatory documents;

3) attract contractors to provide services and (or) perform major repairs, and conclude relevant agreements with them on its 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) accept the completed work;

6) bear other responsibilities provided for by the agreement on the formation of a capital repair fund and on the organization of capital repairs.

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 projects, the regional operator is obliged to involve an individual entrepreneur or a legal entity that has an appropriate certificate of admission to such work to carry out such work.

4. The law of a 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 create capital repair funds on the account, accounts of a regional operator, can be carried out by local government bodies and (or) municipal budgetary institutions on the basis of the relevant agreement concluded with the regional operator.

5. The procedure for the regional operator to engage, including in the cases provided for in Part 3 of this article, local government bodies, municipal budgetary institutions, contractors to provide services and (or) carry out work on major repairs of common property in an apartment building is established by the constituent entity of the Russian Federation.

6. The regional operator, before the owners of premises in an apartment building, forming a capital repair fund on the account of the regional operator, is responsible 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 to carry out major repairs by contractors engaged by the regional operator.

7. Reimbursement to the regional operator of funds spent on major repairs of common property in an apartment building, in an amount exceeding the size of the capital repair fund, is carried out at the expense of subsequent contributions for major repairs by the owners of premises in this apartment building.

Article 183. Accounting for capital repair funds by a regional operator

1. The regional operator keeps records of funds received into the account of the regional operator in the form of contributions for capital repairs of the owners of premises in apartment buildings, forming capital repair funds in the account of the regional operator (hereinafter referred to as the capital repair funds accounting system). Such accounting is kept separately for the funds of each owner of premises in an apartment building. Such records can be maintained electronically.

2. The system for accounting for capital repair funds includes, in particular, information about:

1) the amount of accrued and paid contributions for major repairs by each owner of the premises in an apartment building, arrears in payment thereof, as well as the amount of interest paid;

2) the amount of funds allocated by the regional operator for major repairs of common property in an apartment building, including the amount of the provided installment payment for services and (or) work on major repairs of common property in an apartment building;

3) the amount of debt for services rendered and (or) work performed on major repairs of common property in an apartment building.

3. The regional operator, upon request, provides the information provided for in Part 2 of this article to the owners of premises in an apartment building, as well as the person responsible for managing this apartment building (homeowners’ association, housing cooperative or other specialized consumer cooperative, management organization), and if direct management of an apartment building by the owners of premises in this apartment building to the person specified in Part 3 of Article 164 of this Code.

Article 184. Return of funds from the capital repair fund

If an apartment building is recognized as unsafe 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 premises in this apartment building to demolish it or reconstruction in the manner established by the regulatory legal act of the constituent entity of the Russian Federation. In case of seizure for state or municipal needs of the land plot on which an apartment building is located, and accordingly 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 municipal entity, the regional operator in in the manner established by the regulatory legal act of the constituent entity of the Russian Federation, is obliged to pay the owners of premises in this apartment building funds from the capital repair fund in proportion to the amount of contributions they paid for capital repairs and the amount of these contributions paid by the previous owners of the corresponding 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 seized residential premises and other rights provided for in Article 32 of this Code.

Article 185. Basic requirements for the financial sustainability of the activities of a regional operator

1. Requirements for ensuring the financial sustainability of the activities of a regional operator are established by this article and the law of the constituent entity of the Russian Federation.

2. The amount of funds that the regional operator has the right to annually spend on financing the regional capital repair program (the amount of funds provided from capital repair funds formed by the owners of premises in apartment buildings, the common property of which is subject to major repairs in the future period), is determined as share of the volume of contributions for capital repairs received by the regional operator for the previous year. In this case, the size of this share is established by the law of the subject of the Russian Federation.

3. Additional requirements for ensuring the financial sustainability 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 a regional operator with established requirements is carried out by the authorized executive body of the constituent entity of the Russian Federation in the manner established by the highest executive body of state power of the constituent entity of the Russian Federation.

2. The federal executive body exercising control and supervision functions in the financial and budgetary sphere, in the manner established by the Government of the Russian Federation:

1) exercises 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 of the regional operator;

2) sends recommendations and (or) orders to the regional operator to eliminate identified violations of the requirements of the legislation of the Russian Federation.

3. State financial control bodies of the constituent entities of the Russian Federation and municipal financial control bodies of municipal entities, the Accounts Chamber of the Russian Federation, control and accounting and financial bodies of the constituent entities of the Russian Federation and municipal entities shall carry out financial control over the use by the regional operator of funds from the corresponding budgets in the manner established by the budget legislation of the Russian Federation.

Article 187. Reporting and audit of the regional operator

2. The decision to conduct an audit and the 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 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 exercising the functions of developing and implementing state policy and legal regulation in the field of socio-economic development subjects 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 regulatory authority.

4. The annual report of the regional operator and the audit report are posted on the website on the Internet information and telecommunications network, taking into account the requirements of the legislation of the Russian Federation on state secrets and 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. Decision to carry out major repairs of common property in an apartment building

1. Major repairs of common property in an apartment building are carried out on the basis of a decision of the general meeting of owners of premises in an apartment building, except for the cases provided for in Part 6 of this article.

2. The owners of premises in an apartment building at any time have the right to decide to carry out major repairs of common property in an apartment building at the proposal of the person managing the apartment building or providing services and (or) performing work on the maintenance and repair of common property in the apartment building, regional operator or on their own initiative.

3. At least six months (unless another period is established by a regulatory legal act of a constituent entity of the Russian Federation) before the start of the year during which major repairs of common property in an apartment building must be carried out in accordance with the regional capital repair program, the person in charge of management apartment building or the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building, or the regional operator (if the owners of premises in the apartment building form a capital repair fund on the account of the regional operator) submits to such owners proposals on the start date capital repairs, the necessary list and the scope of services and (or) work, their cost, the procedure and sources of financing for capital repairs of common property in an apartment building and other proposals related to such capital repairs.

4. 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 make a decision at a general meeting in accordance with part 5 of this article.

5. By the decision of the general meeting of owners of premises in an apartment building on carrying out major repairs of common property in this apartment building, the following must be determined or approved:

1) list of major repair works;

2) cost estimate for major repairs;

3) timing of major repairs;

4) sources of financing for capital repairs.

6. If, within the period specified in part 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 decided to carry out major repairs of common property in this apartment building, the local government body makes a decision on carrying out such major repairs in accordance with the regional capital repair program and the proposals of the regional operator.

7. In the event that major repairs of common property in an apartment building, the owners of the premises in which form a capital repair fund on a special account, are not carried out within the period stipulated by the regional capital repair program, and at the same time in accordance with the procedure for establishing the need for major repairs of common property in an apartment building requires the implementation of any type of work provided for for this apartment building by the regional capital repair program, the local government body makes a decision on the formation of a capital repair fund on the account of the regional operator and sends such a decision to the owner of a special account. The owner of a special account is obliged to transfer the funds in the special account to the account of the regional operator within one month from the date of receipt of such a decision from the local government. The decision on major repairs of common property in this apartment building is made in accordance with parts 3 - 6 of this article. If the owner of a special account has not transferred the funds in the special account to the account of the regional operator within the time period established by this part, the regional operator, any owner of premises in an apartment building, or a local government body has the right to apply to the court to recover the funds, located in a special account, with their transfer to the account of the regional operator.

Article 190. Financing expenses for major repairs of common property in an apartment building

1. The regional operator provides financing for the capital repairs of common property in an apartment building, the owners of the premises in which form a capital repair fund on the account of the regional operator.

2. The basis for the transfer by the regional operator of funds under the contract for the provision of services and (or) the performance of work to carry out major repairs of common property in an apartment building is the act of acceptance of the work performed (except for the case specified in Part 3 of this article). Such an acceptance certificate must be agreed upon with the local government body, as well as with the person who is authorized to act on behalf of the owners of premises in an apartment building (if major repairs of common property in an apartment building are 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 corresponding type of work on major repairs of common property in an apartment building, including work on the development of design documentation or certain types of work on major repairs of common property in an apartment building.

4. The amount of the maximum cost of services and (or) work on major repairs of common property in an apartment building, which can be paid by the regional operator from the funds of the capital repair fund, formed on the basis of the minimum amount of contribution for major repairs, is determined by the regulatory legal act of the constituent entity of the Russian Federation. Exceeding this maximum cost, as well as payment for services and (or) work not specified in Part 1 of Article 166 of this Code and the 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 in the form of a contribution for capital repairs in excess of the minimum contribution for capital repairs.

Article 191. Measures of state support, municipal support for capital repairs

1. Financing of work on major repairs of common property in apartment buildings can be carried out using financial support measures provided to homeowners’ associations, housing, housing-construction cooperatives or other specialized consumer cooperatives created in accordance with the Housing Code of the Russian Federation, management organizations, regional operators at the expense of the federal budget, the budget of a constituent entity of the Russian Federation, the local budget in the manner and on the terms provided for, respectively, by federal laws, laws of constituent entities of the Russian Federation, and municipal legal acts.

2. Measures of state support, municipal support for capital repairs as part of the implementation of regional capital repair programs are provided regardless of the method used by the owners of premises in an apartment building to form a capital repair fund.”

Subclause 61 of clause 2 of Article 26.3 Federal Law of October 6, 1999 N 184-FZ “On general principles organizations of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" (Collection of Legislation of the Russian Federation, 1999, No. 42, Art. 5005; 2003, No. 27, Art. 2709; 2005, No. 1, Art. 17, 25; 2006 , N 10; N 2380; N 31, N 44; 21; N. 1464; N. 30, N. 3805, 3808; N 30, art. 3616; N 52, art. 6236; , Art. 4160; Art. 5918; Art. 6031; Art. 6409; ; N 27, Art. 3883; Art. 4572, 4594; Art. 6727; ; 2012, No. 1158, 1163; No. 2126; Rossiyskaya Gazeta, 2012, December 7) add the words “regulating relations in the sphere of ensuring capital repairs of common property in apartment buildings.” houses."

1) subparagraph 30 of paragraph 3 of article 149 add the words “, the implementation of work (services) to perform the functions of a technical customer for major repairs of common property in apartment buildings, performed (provided) by specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings, and are created in accordance with the Housing Code of the Russian Federation, as well as local government bodies 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 management organizations, homeowners’ associations, housing construction, housing or other specialized consumer cooperatives created to meet the needs of citizens for housing and responsible for maintaining in-house engineering systems, with the use of which utility services are provided, for the formation of a reserve for carrying out current and major repairs of common property in apartment buildings, including the formation of funds for capital repairs 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 are created in accordance with the Housing Code of the Russian Federation, for the formation of 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 with the following content:

“in the form of budget funds allocated for shared financing of capital repairs 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 created and managing apartment buildings in accordance with Housing Code of the Russian Federation, management organizations, as well as in the direct management of apartment buildings by the owners of premises in such houses - management organizations providing services and (or) performing work on the maintenance and repair of common property in such houses;";

b) paragraphs six - twentieth shall be considered paragraphs seven - twenty-one, respectively;

V) paragraph twenty-one considered paragraph twenty-two and after the words “management organizations” supplemented with 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 were created in accordance with the Housing Code of the Russian Federation, " Fraud in shared construction The real estate market under construction is very […]

Question for a lawyer: Which [...]

After the additional line “major repairs” appeared in the payment receipt, residents of high-rise buildings from different regions were very indignant, because this increased the total amount of payments for utility services. However, there is no point in arguing with the law: according to the Law on Major Repairs No. 271, monthly payments will still have to be made, otherwise the defaulter may face troubles, including litigation.

Key questions and answers of the article:

• Is it necessary to pay?
• What happens if you don't pay?
• What repairs will be carried out and when?
• Amount of contribution for major repairs.
• What to do if it was poorly repaired?

Is it necessary to make contributions for major home renovations?

The essence of the introduction new line in the receipt is that after such an innovation, apartment owners are directly involved in financing the renovation of their houses, and before that, funds were allocated from payments for housing maintenance, which are now made in favor of the REU or management company.

The Law on Major Repairs No. 271-FZ amended the Housing Code, according to which all residents of high-rise buildings are required to make contributions towards future reconstruction or finishing (Article 169 of the Housing Code of the Russian Federation). It turns out that contributions for major repairs are absolutely legal, no matter how much we would like the opposite.

The specifics of payments are approved by the Regional Program of each subject, and it also indicates the timing and period of its implementation, the range of services and other information included in the regulations.

If previously all the money was transferred to the fund Management company and the receipts were displayed in one line, then after the innovation a separate fee appeared and meetings of residents began to be held in order to figure out a way to accumulate finances for work in the future.

There are only 2 ways to save money:

• On a special account. It, in turn, is opened at the bank for an HOA, housing or consumer cooperative, as well as for a management organization.
• On the account of the Regional operator. The list of such legal entities is approved at the level of the subject (region), and their responsibilities include the accumulation of finances from the owners of the premises and further financing of restoration.

Thus, at the meeting, all homeowners must familiarize themselves with the region’s program and vote, and a specific method of accumulation is approved only if 2/3 of all residents vote for it.

When choosing a regional operator, each owner must enter into an agreement with him. If in the future this organization files a claim for non-payment of payments for major repairs, it must provide an agreement with the debtor - the owner of the apartment.

In what cases are owners exempt from paying contributions:

• If the house was declared 70% unsafe or subject to demolition.
• If the plot on which the house is located is subject to seizure in favor of the needs of the state or municipality.

What happens if you don’t pay for major repairs?

If you do not make timely payments to the established accounts, then the homeowner will be charged a penalty in the amount of 1/300 of the financing rate of the Central Bank of the Russian Federation for each day of delay. Ignoring payments also threatens defaulters with the fact that the company holding the account has every right to file a lawsuit to collect the accumulated debt, having previously sent a notice to the owners about the need for repayment before a certain date. Only after the period specified in the letter has passed can legal proceedings begin if payment has not been made, otherwise the claim may be rejected.

What do officials say on the issue of paying or not paying for major repairs:

Video

Types of work performed and timing of their implementation

Each individual subject establishes its own list of works that the Regional Operator, HOA or LCD must carry out, but it must include the following activities:

• Repair of gas, water, electricity and heat supply systems. They are performed both as planned and as an emergency (for example, in case of a pipe rupture or severe wear).
• Repair or replacement of elevators recognized by the commission as unfit for use.
• Repair of facade, foundation, roof and basements.

If the start date for work was not approved at the meeting of homeowners, then they are set by the municipality in accordance with the Regional Program, and in this case, the decision to carry out the work will be influenced by the general condition of the house.

Amount of contribution for major repairs of an apartment building

The minimum contribution for major repairs is established by each individual constituent entity of the Russian Federation. For example, if in a particular region the size is 7 rubles, and the area of ​​the apartment is 40 square meters. m., you will have to pay 280 rubles monthly. (minimum size × room area).

The receipt for payment of utilities shows the already calculated amount of the contribution, and the owner remains to pay it in the same way as other payments. For example, through a bank or the Internet.

Pros and cons of self-financing construction work

Positive aspects accumulation of money in a special account:

• Money is being set aside for the restoration of only one house. Previously, funds for housing maintenance were in the management company’s account and could be used to fix problems in any other house managed by the company.
• Owners can use the principal amount and interest accrued by the bank for the use of available funds for repairs.

Negative points:

• You need to independently monitor the movement of funds and organize repairs. As a rule, these powers are vested in the chairman of the HOA or the house manager.
• Inability to obtain a loan for capital finishing at the expense of a regional operator.

The advantages of creating an account with a regional operator are as follows:

• The storage organization itself is responsible for storing money, organizing and carrying out repairs, and purchasing technical equipment.
• Control over the fulfillment of duties by the Regional operator is carried out by the constituent entity of the Russian Federation, which gives residents additional guarantee safety of money.

Among the disadvantages of transferring finances in this case, one can highlight the long and labor-intensive process of transferring to a special account, if a second meeting was held and an appropriate decision was made.

What to do if the finishing of the house is done poorly

If the money is transferred to a special account opened at the HOA or residential complex, then all responsibility for the timing and quality of the work performed lies with the contractor that performed it. To begin with, you can try to resolve everything peacefully by submitting an oral complaint to the company. If there is no action on their part in the future, it is necessary to conduct an examination that will identify and make a conclusion about shortcomings that need to be immediately eliminated.

The results of the examination are made in 2 copies: one is sent to the director of the contractor company, and the second remains with the chairman of the HOA. Construction organization in this case, it can only correct the defects, but the money can only be returned for poorly performed work through the court.

If an account is opened with a Regional Operator, the claim with expert opinion is sent to the municipal administration, since the subject of the Russian Federation bears responsibility for the fulfillment of obligations in this case.

Still have questions? Read the article whether or not to pay contributions for major repairs or ask a question to a professional lawyer (via the online service “Pravoved”.