I would like to know when it is necessary to do major renovations in the house? I have been living in a housing cooperative building since 1976. No repairs have been carried out, the ventilation system is faulty, there are flies in my apartment.

Olga, Major renovations of residential buildings can be comprehensive or selective. Comprehensive is carried out once every 25 years, selective once every 15 years. There are also ongoing repairs - carried out once every 5 years, and there is also annual maintenance.

Send an application to the management company to provide information about the timing of major repairs in your apartment building. Thank you for your request.

Hello dear Olga! You need to know that each region is obliged to create its own fund, which will receive funds for capital repair work, for example, in the Moscow Region this is done by the Ministry of Construction, you need to go to the portal and enter the exact address of a specific house, and find the desired one on the interactive website information. For a Muscovite, the task of finding a schedule is not a problem: all services are collected on one service portal, it uses the latest information Internet technologies: just enter the address of the house, and a work schedule from 2015 to 2044 will open. The savings fund will allow the following work to be completed: Replacement of intradepartmental communication systems, including replacement of hot and cold water pipelines, gas supply, sewerage drainage, elevators. This service is available only to those residents whose regional authorities have launched a major repair program, and there is detailed information on the official websites. I wish you and your loved ones good luck and success. Best regards, A.A. Bogolyubov.

Good day to you. Send a written request to the management company regarding major repairs. Good luck and all the best to you.

I am a member of the board of housing cooperatives, the house was built in 1967. We have defaulters on utility bills, debts from 20,000 to 80,000 rubles. One (80,000) has not paid for more than 3 years. We filed a lawsuit against him, there was a court decision to collect the debt, a bailiff came and nothing...

Another defaulter pays for a year, then doesn’t pay for a year; they also sued them.

You won’t get money from them officially, i.e. It's probably possible, but it's troublesome.

We went a different route.

There was a general meeting at which the residents called on the board to collect debts from them by any means (Why should we pay for them!?).

Just then we started a small overhaul of the house - we are changing the electrical wiring (interfloor risers). Financing comes from money set aside for major repairs (we include it in the rent). For this reason, we turned off the defaulters, documenting this with a decision of the board and an extract from the minutes of the meeting, despite the fact that they pay for electricity (otherwise the power supply company will turn it off immediately).

We motivated this by the fact that new cables are the property of the house, and since they do not pay for major repairs, we will not let them use our cables - let them pay for the energy sales separately!

Question. How legally right we are, and what threatens us if we are wrong.

For a complete answer, you need to familiarize yourself with the charter of your HOA.

In this situation, you do not have the right to stop supplying electricity to debtors, due to the fact that payment for electricity is made in full. You can only resolve this issue in court (collect an amount for using your networks).

It’s just that in your case, you need to competently conduct the claim proceedings.

I advise you to contact a lawyer, since there is a lot of ad-libbing in your actions described in your letter; with such a position, the court will side with the debtors.

DEAR RESIDENTS! READ THIS VERY CAREFULLY! AND THINK.

On January 1, 2011, you and I received our house from the DEZ in a condition that is scary to remember - there was knee-deep “sewerage” in the basement, fleas, rats like chickens on the roost, holes in the pipes were not repaired, but were covered with rags. We have already done a lot. Today, our home's life support systems are much more efficient. But they are in a very worn-out condition and are sensitive to the slightest interference (for example, you install a new battery - heat is taken away from the upper neighbors). Thanks to the Maintenance Service of the Quinta Homeowners Association, which maintains our house - it monitors communications like DEZ contractors never dreamed of.

Our home has been asking for a long time OVERHAUL RENOVATION . But all this time we did not have the right to REPLACE the pipes ourselves with new ones - we were prohibited by law and we did not have the money for it. But the Department of Overhaul had no interest in our house. When the city created HOAs like ours, it promised to make major repairs to the HOA first. But we were cheated again. Why? - Yes, because our HOA, like many other HOAs, works "recoilless" . And now it is widely known that “kickbacks” in housing and communal services over the past two years have increased from 40% to 70% of the amount of work!!!

But now the situation with major repairs has changed. The state admitted that it CANNOT and DOES NOT WANT to bear this burden on its own.. On January 1, 2013, Federal Law No. 271-FZ (dated December 25, 2012) came into force - Capital Improvement Act . It came into force on January 1, but when it begins to REALLY APPLY is kept in the deepest secrecy. Why?

State Duma deputy, head of the Housing and Communal Services Committee spoke about this very clearly at a press conference

Galina Khovanskaya .

From some - it is unknown from when - maybe from this summer, maybe from the summer of 2014, or maybe from January 1, 2014, we will see the column “major repairs” in the monthly rent payment. This The mandatory contribution for major repairs of the common property of the house will go to the Capital Repair Fund. At the same time The law provides only TWO WAYS for forming a CAPITAL REPAIR FUND.

First (at first it was the only one): all the money of the residents of the house goes to the federal " GENERAL CHARACTER" Which will be managed by an OFFICIAL - “regional operator”. OFFICIALS will determine the renovation schedule, the annual list of houses and even the list of work. OFFICIALS will be responsible for selecting the company. And for the quality of work. How they answer - ask the HOA “Bibirevo-18” (Shenkursky Prospect, 4). There, under DEZ, half of the work was done poorly, half was not done, the contractor disappeared with the money, the deputy prefect signed the certificate of completion - and no matter how hard the HOA fought, the REPAIRS WILL NEVER BE COMPLETED.

Officials do not need control over conscientious and strict residents. What will happen in the case of a “common fund” with our house is clear.

And in Moscow there are 60 thousand unsafe houses - to which the state has a primary obligation. This means that you and I will be financing, first and foremost, the repair of the EMERGENCY FUND for a long time. And the savings in the “common pot” will be eaten up by inflation. And with a monthly payment of 7 rubles/sq.m for a complete overhaul of the house, it will take 45 years to collect.

Khovanskaya directly named this scheme another "pyramid" (a sign of a “pyramid”: there is not enough money for everyone) . Which will burst like a soap bubble, as soon as it stops receiving money from the Housing and Utilities Reform Assistance Fund. For several years now they have been talking about closing this Fund because “there is no money,” but they have not closed it yet. The fund is artificially pumped with money, as is typical for pyramids. According to Khovanskaya, “...this scheme, quite obviously, has a corruption component.” Residents will never be able to control which house renovations their mandatory contributions from the “common pot” will go towards.

But thanks to the efforts of Khovanskaya as a State Duma deputy, another scheme was included in the Law - for HOAs and housing cooperatives.

We have the right to determine by decision of the general meeting of premises owners whether to transfer funds to the federal fund - or open OUR OWN, independent TARGET bank account for major repairs.

We have the right, at a general meeting of premises owners, to determine the amount of the mandatory contribution for the overhaul of our own home (although the state has already named the minimum contribution - 7 rubles 20 k./sq.m.) .

We have the right to set our own deadlines for major repairs and a list of repairs.

We have the right to decide whether to take out a loan and get into bondage - or carry out capital work gradually, as funds accumulate - which is quite possible!

We have the right to choose a company with a license to carry out capital works and COMPLETELY “recoillessly” control it.

We have the right to determine the bank in which we will open a target account. Now our account is open with Sberbank. Sberbank has banking rules for deposit insurance. This is a REAL guarantee.

And now about why it is kept a deep secret, When will the column “major repairs” be added to rent bills?. Because - if the HOA or housing cooperative does not have time to hold a meeting and open an account before this moment, the money of the residents of the house will automatically go to the federal “common fund”. AND IT WILL BE POSSIBLE TO GET OUT OF IT ONLY IN TWO YEARS. Moreover, THE MONEY WILL NOT BE REFUNDED FOR TWO YEARS. THAT'S WHAT IT'S WRITTEN.Robbery.

The proverb says: The law is that whatever the shaft is, where you turn, that’s where it comes out. For houses whose residents think that the state will decide everything for them - for the majority of houses that are “in DEZ” - the Law on Major Repairs can turn into a problem of delaying major repairs - as is happening now. But for houses that have HOAs and housing cooperatives, the Law on Major Repairs is really beneficial. Bye. In our country, we constantly “want the best, but it turns out as always,” and no one knows how the Law will change in a couple of years. But after a couple of years By managing our account, we can do a lot to preserve and improve our home. The money in our own target account is from 1 to 1.5 million rubles. per year!

The law gives us the opportunity to decide for ourselves the fate of our home, our COMMON PROPERTY - because we are a HOA. For residents of DEZ houses this is impossible.

Dear residents! Recently, in different areas of Moscow, corrupt officials of GUIS, Administrations, Housing Inspections, with the help of their “administrative resource”, are trying by all means to destroy and liquidate successful HOAs - in order to RETURN THE HOMES TO THE DEZ. Des is a trough of corruption. About how officials feed from DEZ and GUIS - read an article from a newspaper on the Internet “Izvestia” from 01/29/2013: “Cleaning up Moscow brings officials 100 million a year” . At the same time, by directly bribing some residents to destroy the HOA, DEZ tells them to say that he will “immediately do major repairs.” Now you understand - he can't do it. In the light of the new Law on Major Repairs, only those HOAs and housing cooperatives will be able to try to achieve normal “human” major repairs, where residents understand that they must use every opportunity provided to them by legislation to repair and preserve their housing BY OURSELVES.

For 80% of those living in our house, this is their only home. THE DESTINY OF HOUSES OF HOAS AND HUBS IS IN OUR HANDS. WE SHOULD SAVE OURSELVES AND SPEND MONEY OURSELVES ON REPAIRING OUR HOUSE.

At the end of the HOA reporting meeting, we will immediately, before the summer season, hold a general meeting of premises owners with the agenda: leave mandatory payments for major repairs, in accordance with Federal Law No. 271-FZ, at the disposal of the owners of the premises of the house . We have a very large percentage of non-owners, so your vote is decisive. We hope that you will vote for the reality of major repairs in our house.

Watch the full press conference of Galina Khovanskaya on the Internet: Housing and communal services. Results of the year. mp4

Sincerely, Chairman of the Board N.G. Shantyr

The fund for capital repairs of common property in apartment buildings is aimed at targeted spending of funds. When the owners of premises in an apartment building create this fund in a special account, the bank transfers funds at the direction of the account owner - management company, homeowners association, housing cooperative or regional operator. We’ll talk more about the specifics of using funds from the capital repair fund from a special account in this article.

Required conditions for transfer:

• the decision to use the fund was made by the owners of premises in the apartment building;
• the account owner submitted to the bank the established list of documents.

• Changing the method of forming a capital repair fund from a regional operator to a special account

For what purposes can the MA use funds from the capital repair fund from a special account?

Situation: Is it possible to transfer the entire amount under the contract from a special account before signing the certificate of completion?

No, you can't.

It is allowed not to submit an acceptance certificate to the bank only in case of payment of an advance under an agreement for the provision of services and (or) the performance of work on major repairs of common property in an apartment building (clause 3, part 4, article 177 of the Housing Code of the Russian Federation). In other cases, submission of a work completion certificate is required.

I bought an apartment in a housing cooperative and, as a new owner, asked the chairman for what type of work and for how long a major repair is calculated in the amount of 16 rubles per 1 sq.m from the total area. that in response she heard that I, that is, she was not obliged to present any documents to just anyone. In addition to major repairs, the owners also pay for maintenance and routine maintenance in the amount of 16 rubles per 1 sq.m., which totals 32 rubles per 1 sq.m. of the total area, which is several times higher than the amount even in the Management Company of Shatura. What to do in this situation? Do we have the right not to pay for major repairs if we are not presented with any documents?

Answer

According to the Decree of the Government of the Russian Federation of September 23, 2010 N 731 “On approval of the standard of information disclosure by organizations operating in the field of management of apartment buildings,” the cooperative is obliged to disclose the following information:

a) general information about the cooperative;
b) main indicators of the financial and economic activities of the cooperative;
c) information about the work performed (services provided) for the maintenance and repair of common property in an apartment building;
d) the procedure and conditions for the provision of services for the maintenance and repair of common property in an apartment building;
e) information on the cost of work (services) for the maintenance and repair of common property in an apartment building;
f) information on prices (tariffs) for utilities.

Refusal to provide information may be appealed in accordance with the judicial procedure established by the legislation of the Russian Federation.
This information is provided upon written request.
In accordance with Part 8 of Art. 156 of the Housing Code of the Russian Federation, the amount of obligatory payments and (or) contributions of members of a homeowners’ association or housing cooperative associated with the payment of expenses for the maintenance and repair of common property in an apartment building is determined by the management bodies of the housing cooperative in accordance with its charter.
Article 155 of the Housing Code of the Russian Federation establishes that members of the housing cooperative make mandatory payments and (or) contributions related to the payment of expenses for the maintenance, current and major repairs of common property in an apartment building, as well as payment for utilities, in the manner established by the management bodies of the housing cooperative.
Owners of premises in an apartment building in which the housing cooperative is established who are not members of the housing cooperative pay fees for the maintenance and repair of common property in the apartment building and fees for utilities in accordance with agreements concluded with the housing cooperative.

In this article we will look at frequently asked questions about major renovations of an apartment building. Answers given Andreeva Yulia Anatolyevna, practicing lawyer, consultant to the Association of Homeowners' Associations, Housing Cooperatives and Residential Complexes of the city of St. Petersburg, co-author of several publications on housing and communal services.

– Is it necessary to hold a meeting of the HOA along with a meeting of MKD owners for major repairs, as recommended in the administration’s documents?

– The issue of major repairs is decided exclusively by the meeting of owners: this is stated in the Housing Code. Everything else is a free interpretation of the authorities. If public authorities still insist on holding two meetings and make the receipt of subsidies for major repairs dependent on this, then both can be held.

– The HOA has two apartment buildings with more than 12 apartments. Is it necessary to hold a meeting of the owners of apartment buildings to choose the method of forming a capital repair fund: a special account created by the regional operator only for our house or a general account of the regional operator?

– If there are two houses in the HOA, and the number of apartments in them is more than 30, then the HOA cannot be the owner of the account. The owners can hold a general meeting and decide to open a special account, the owner of which will be the regional operator. Or switch to a regional operator for a joint account. If the owners do not hold a general meeting, they will simply be transferred to the regional operator to a common account.

– Do the owners have the right to determine the contractor for major repairs, subject to including this issue on the agenda?

– Here we need to talk about two decisions of general meetings of owners. The first decision is made at the “opening” meeting. It resolves issues regarding the choice of method for forming a capital repair fund, the amount of contributions, and the choice of a credit institution. The second general meeting, approving the list of works and their costs, must be held in the year preceding the year of the overhaul. If the home is accumulating funds with the regional operator in a general account, then it is the regional operator who offers the options. And the owners at the general meeting accept or do not accept the management company’s proposals on the types and cost of work. If the owners accumulate funds in a special account, then they have the right to determine the contracting organization themselves.

– Can the owners choose a management company as an authorized person so that it can further represent the interests of the owners before the regional operator? What are the mechanisms for implementing this protocol, decision, regulation?

- They can. But then the question arises, what powers will be assigned to the management company. This can be stated in the minutes of the general meeting. It must indicate what powers are granted to this management company.

– Can owners who have opened a special account with a direct management method with a regional operator choose a contractor, the cost of major repairs, and the priority?

– If the owners choose a regional operator as a method of forming a capital repair fund, then a common account is assumed. Consequently, they no longer choose a contractor. Everything will be done by the regional operator. If the owners open a special account and choose a regional operator as the account owner, then all decisions are made by the owners, regardless of the management method. In this case, the management company must submit its proposals for repairs and their cost no later than 3 months before the end of the year preceding the year in which repairs are to be carried out according to the regional program. The owners need to resolve all these issues at a second meeting closer to the major renovation.

– Who can be a party to the loan agreement if the owners, with a special account and a direct management method, want to make major repairs now, and not in 10 years?

– A decision is required from the general meeting of owners that a loan agreement will be concluded. At the general meeting, you need to choose an authorized person to sign the loan agreement. The authorized person will sign it on behalf of the owners, which should be reflected in the loan agreement itself.

– Which state municipal body can you find out about the list of houses included in the regional program?

– You can contact the housing committee, administration or housing and communal services department in your city. You can see what departments and committees are on the city administration website. You can also call the administration in your area and find out where these issues are addressed and what hotline numbers are available.

– Can owners who have their own special account with minimal contributions use money for major repairs ahead of the deadlines prescribed in the regional program?

- They can. If a decision is made at the general meeting to carry out work, all questions regarding payment, selection of contractors, and conclusion of a contract will be spelled out in it. By providing these documents to the bank, you will be able to transfer funds to pay for the work.

– Can owners, before including their houses in the regional program, independently collect money for major repairs on their own account or on the account of the management company?

- Of course they can. This must be a decision of the general meeting. The cost of these fees must be stated. Funds can be stored either in the account of the management company or in your own account.

– Is it possible to stipulate in the regional law that posting a draft agreement for organizing capital repairs on the official website is an offer for its conclusion by the owners, according to which the local government decided to form a fund on the account of the regional operator?

– It is possible, but the owners must still give their consent or disagreement to sign this agreement and initiate, authorize someone to sign.

– The Housing Legislation states that property owners choose the method of accumulating funds for major repairs, and owners are also required to pay contributions for major repairs. Participants in shared construction do not have the right to take part in voting and are not required to pay contributions for major repairs?

– Participants in shared construction are not yet owners. Citizens are considered owners from the moment the right is registered in Rosreestr, and they have the main document - a certificate of ownership with an assigned cadastral number. Owners of shared-equity construction begin to pay for utilities from the moment the apartment acceptance certificate is signed, without waiting for registration with Rosreestr, but this is stipulated in their contract. If the shared construction agreement does not specify major repairs, then the owners are not required to pay before registering ownership. If contributions for major repairs are additionally specified, then they must be paid according to the contract.

– What is better for collecting additional funds for maintaining a special account: using an agency agreement or opening an additional current account?

– The conclusion of an agency agreement only implies the calculation of contributions for major repairs, collection of debts, and monitoring of this debt. Such an agreement will be signed between the regional operator, the management company, the homeowners association, and the housing cooperative if the owners have transferred to the regional operator. If the owners have opened a special account, then an agency agreement is not needed because the account owner has been chosen. The account owner can be a homeowners association, housing cooperative, or regional operator.

– Which payment plan should I choose for a new home?

– The new house is no different from the old one. If ownership has already been registered, then assessments for a new house are carried out as usual, and owners are required to pay a fee for major repairs.

– What are the disadvantages of a special account opened for major repairs with a regional operator?

– This refers to a special account where the regional operator is selected as the account owner. A special account implies that one house is one account, but it is managed by a regional operator, because there were no other owners (for example, there is no housing cooperative or HOA, but only a management company; or the HOA manages several houses and cannot be the owner of the account). There will be difficulties when interacting with a regional operator. If a joint account is opened, a regional operator is selected as a method of forming a fund. In this case, it will be impossible to choose a contractor yourself, as well as to carry out major repairs or receive funds before the deadline established by the regional program.

– When forming a fund on a special account, the owner of which is a regional operator, is it necessary to keep records of the receipts of each owner? Who controls receipts?

– If the owner of a special account is a regional operator, then he carries out control, monitors the status of settlements, issued and received invoices, receipts and debts. The regional operator reports to the state authorities of the subject regarding these funds. But sometimes these responsibilities are assigned to HOAs, housing cooperatives, and management companies by concluding an agency agreement. In this case, everything will be decided by agreement: records will be kept by the one who is registered as obligated. Control over this is carried out by the authorities of the subject and the Housing Inspectorate.

– Exclusively based on the area of ​​the premises. The owners of both residential and non-residential premises included in the apartment building must participate in the meeting. Only housing cooperative members vote door-to-door during a general meeting of housing cooperative members.

– The house is maintained by a management company. We entered the regional program. A year later we decided to organize an HOA or housing cooperative. In this case, can I leave the regional program and open a special account?

– It doesn’t depend on who maintains the house. If the house has an HOA or housing cooperative, the issue of opening a special account is decided by the owners. If the house is serviced by a management company, then the owners can now go to the regional operator for a joint account. And having created an HOA, they can then switch to a special account and choose the HOA as the owner. But this decision will come into force only two years from the moment it is sent to the regional operator. Now the owners, since they have a management company, can choose a special account with the owner - a regional operator. Then they will have their own account, and by creating an HOA, the owners will be able to change the owner of the special account. And here this two-year period is not provided.

– Does the regional operator bear the costs of maintaining an account for both general and special accounts?

– Yes, the account holder bears the costs of maintaining the account. These expenses cannot be incurred from the funds received for major repairs.

- HOA. From the first day, the garbage chute has not been working by decision of the general meeting. Is it possible to rent out this premises after renovating it? How to do this better: under a lease or annexation agreement? Is it possible not to pay taxes for commercial activities?

– Yes, you can make repairs and rent it out for 11 months without registration by decision of the general meeting of owners. A lease agreement is concluded. You will most likely have to pay some taxes on your rental income.

- HOA. Nobody wants to be on the audit committee. Is it necessary to have it?

– It is mandatory to have an auditor or audit commission.

– One house, one entrance, 15 floors, the basement is sold. There was a problem with the sewer system, the floor in the basement was opened up, and it turned out that the project did not coincide with reality. Who is to blame: the developer or the owner of the basement? Who should pay for basement renovations?

– Who is to blame can only be established through an examination. If the examination shows that the developer is at fault, then demands must be made against the developer. If the owner of the basement who did the refurbishment or redevelopment is at fault, then material claims will need to be brought against the owner as the guilty party.

– If there are more than 30 apartments in a building, will the regional operator be the owner of the special account?

– If the HOA manages several apartment buildings, the total number of apartments of which is more than 30, then the HOA cannot be the owner of a special account. If the HOA manages only one apartment building, then it doesn’t matter how many apartments there are in your building. The HOA has the right to be the owner of a special account.

– Common water riser in the house. The clamp has fallen off and there is no access to the sanitary closet. The two lower apartments were flooded. Who's to blame? Do I need to send a notice to all owners about access to sanitary closets where common property is located?

– It’s necessary, even if you don’t have access and you can’t influence it. The water riser in your case is a common property, and the management company is responsible for it, as for any common property.

– What powers do management companies under a regional operator have, besides receipts and charges?

– The management company makes receipts and accruals only if it has entered into an agency agreement with a regional operator. If this agreement does not exist, then the management company should not issue any receipts, charges or penalties. The management company must only submit to the owners its proposals and recommendations for carrying out major repairs no later than three months before the end of the year preceding the year of major repairs. The management company is not affected in any way in these matters.

– What powers does the regional operator have as the owner of a special account?

– Like any other account holder, the regional operator opens an account, monitors payments, receipt of funds, issues receipts for payment of contributions for major repairs, collects debts, and bears the costs of maintaining this special account.

– Is the general meeting of owners of a new building, before receiving a certificate of ownership of the apartments by these persons, competent to decide on the choice of a management organization and determine the amount of payment for major repairs?

– The meeting of owners is held by the owners. In this case, you do not yet have proof of ownership. This may be a problem when deciding on the legitimacy of the general meeting of owners.

– Owner of non-residential premises. The premises are attached to a residential building. What will be common property? If the owner of a non-residential premises is forced to carry out major repairs, is it possible in the future to reimburse the costs of major repairs at the expense of the regional operator or the account of the HOA and how?

– Owners of both residential and non-residential premises must pay for major repairs. What is included in the common property of your apartment building must be determined from the technical documentation (technical or cadastral passport). If the owner of a non-residential premises has carried out major repairs in his premises, then this is solely his business. If he carried out some types of work on what belongs to the common property, then he did not have the right to do this, since all types of work are approved by the decision of the general meeting, and not by a specific owner. Either the issue is resolved at a general meeting, or the owner simply does it at his own expense, because the general meeting and the owners of other premises did not make a decision on expenses. The owner cannot resolve the issue of carrying out major repairs of common property on his own, spend money, and then present it to everyone else for collection.

– Do you need a power of attorney from the owners in order to authorize the management company, or is a two-thirds protocol sufficient?

– The protocol needs to resolve the issue that the management company is authorized to perform any actions, clearly state the name of the management company, to whom and what powers are granted. In the future, you can show this protocol, an extract from the protocol, a copy of this protocol everywhere as proof of authorization. You can also choose an authorized person on behalf of the owners to sign a power of attorney for the management organization to perform these actions. The person chosen by the owners will sign the power of attorney, it will just be without a seal.

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