Lawyers of the residential complex are the forces of nature. Legal assistance to shareholders of residential complex forces of nature
Construction company O2 (formerly O2 Development) is a development division of the O2 group of companies, operating in the residential and commercial real estate sector. The company was formed in 2011 on the basis of the Stroy-resurs organization. Is a notable player on .
All projects of SK O2 are united by the “O2 ECO” standard, which emphasizes practicality and ecology and implies the optimal and efficient use of resources. Construction is being carried out using a method that allows reducing the weight of load-bearing structures and, thereby, reducing the cost of housing. To what extent this is a successful technique in house construction, and most importantly, how exactly it was implemented in this particular case - there are very conflicting opinions on this matter.
Residential complexes O2 are built according to individual projects and are well thought out, social and commercial infrastructure is either within walking distance or within the complex itself, the courtyards will be landscaped and will have recreation areas for children, sports, pets, spacious parking.
O2 company is the winner of the “Gazelle of Business 2014” award from the newspaper “Business Petersburg”, in the category “For contribution to the development of advanced technologies in the housing construction market”, and the holder of a Sberbank diploma “For contribution to the development of mortgage lending in the North-West region in 2013”. In turn, the “Forces of Nature” eco-quarter is a winner of the Green Awards for achievements in the field of environmental development and energy efficiency.
Developer O2 Development is a member of the Green Building Council (RuGBC), the Union of Construction Associations of the Leningrad Region "Lenoblsoyuzstroy" and the Guild of Managers and Developers.
O2 developer news:
January 2016: The real estate agency has become the exclusive broker of the developer O2 Development. The new broker will handle all aspects related to the promotion and sale of real estate under construction from O2. The first facility at which the agreement will come into force was.
June 2016: the situation with the construction time of all O2 facilities can be called critical. Work on construction sites has not been carried out since the end of 2015, shareholders hold pickets and rallies, and set up protest tent cities at the construction site of the Forces of Nature residential complex.
December 2016: the O2 developer admitted the fact of his inability to independently complete the construction of the Forces of Nature facility. The government's Commission for the Support of Shareholders gave the company's management 10 days to present a real plan for overcoming the crisis.
December 2018: Nothing is known about the company’s activities in 2018. The developer has 2 unrealized projects, one is frozen, and the second has been delayed for more than 2.5 years.
June 2019: Lenobl AIZhK is being completed with financial support from the authorities of the 47th region. The second complex is the Parnas residential complex, the project of which was frozen by a court decision in 2017, by the P1 company. But the exact delivery dates for the houses have not yet been announced.
February 2020: The State Construction Supervision Committee of the Leningrad Region in January gave permission to commission the first building of one of the most problematic objects in the region - the Forces of Nature residential complex. Shareholders have been waiting for this event since 2013. Construction of the remaining buildings continues. O2 (formerly O2 Development) is currently in bankruptcy proceedings.
O2 Development representative Natalya Shatikhina insists that O2 Development has the resources to complete the project. The government of the Leningrad region is not optimistic because the investor has never seen the construction completed.
On Friday, the government of the Leningrad region held another round of negotiations with the company "" on the completion of the problematic residential complex "Forces of Nature". Several interlocutors in the regional administration reported this to the DP. The meeting was held with the first deputy chairman of the regional government for finance.
The interlocutors reported that it was attended by the developer’s lawyer, managing partner of CLC, co-owner of O2 Development and a candidate for the position of temporary manager of ZhSK Murinskoye - 1, Igor Rulev.
Networks - in advance
Natalya Shatikhina confirmed that a working meeting was held with Roman Markov on Friday. By agreement, a working draft of the minutes of this meeting was prepared and sent to her in advance based on the package of working documentation discussed before, she told the DP.
“Draft schedules for the completion of the residential complex were presented, the prospects for the plan for the financial recovery of the residential complex were discussed. The question was also raised, if there is such a possibility, that the regional authorities would support the developer’s request to begin construction of networks “” (controlled) before the advance payment. This makes it possible to Complete major work on the first stage earlier and begin signing preliminary acts for the transfer of apartments to shareholders. If the Leningrad Region considers it impossible for some reason to support our request, the developer will follow the agreements already reached, although this would be significant for the first stage. acceleration. In general, the developer already has agreements with Management Company Murino, the payment schedule has been pre-agreed, there are no problems, but it takes time to begin work on connecting to the networks, and the sooner they begin, the faster the apartments will be transferred to people,” - says Natalya Shatikhina.
The management of the Murino Management Company reported that they do not know anything about who is conducting negotiations - both from the government of the Leningrad region and the O2 Development company, on the issues of completing the construction of houses; no one has officially contacted the Management Company itself on this issue applied.
According to Shatikhina, today the completion of the first stage has a clear outline of financing. “In November, a bankruptcy procedure was introduced in relation to the Murinskoye-1 housing cooperative, so there was no opportunity to further finance the construction through the cooperative. Any financial actions require approval from the arbitration manager, but until February it was not possible to do this; letters to him remained without approval. Even basic security and maintenance of the site. Work at the construction site has now resumed. Legal solutions have been found, for example, possible additional financing at the expense of the general contractor. If we do not take communications into account, then funds for the completion of the first stage can be allocated in the near future,” says Natalya Shatikhina.
Former temporary manager Vadim Fedichev said that Natalya Shatikhina’s words about his work do not correspond to reality. “There was no opposition on my part. I wonder what they will use as an excuse now,” he says.
Roman Markov completely refused to comment on the meeting.
Government version
According to the interlocutors of the DP in the government, the authorities of the Leningrad region, in turn, offered the developer, as an option, to conduct a re-examination of the 1st stage, which was being built by a bankrupt housing cooperative, and make changes to it, pay for contracts for connecting to the networks of engineering and technical support of the facility to the system water supply and sanitation. He must also immediately begin conservation work on the 2nd stage, which was built by Romantika LLC. “Failure to complete these works entails a direct threat to the reliability and safety of the capital construction project,” say the DP’s interlocutors in the government.
Natalya Shatikhina noted that she had not seen the version of the protocol, according to which the developer is asked to pay for connection to networks, conduct a re-examination of the project, and also begin mothballing the 2nd stage, and added that this is ridiculous, we are talking about the minutes of a meeting where everything -it should reflect what was discussed on it.
The deputy chairman of the government for construction noted that “the best way out of the situation with a problematic facility is its completion and the transfer of apartments to shareholders by the developer himself.”
“In the case of the Forces of Nature residential complex, bankruptcy under the control of the regional authorities is also not an end in itself. Some time ago, lawyer Natalya Shatikhina took responsibility for completing the project. This was followed by loud statements and some revival at the construction site. At the same time, we have not yet received from Mrs. Shatikhina any endorsed data on the completion dates of the houses, confirmed sources of financing for the construction, and her investor also remains unnamed. On March 26, we are holding a commission to protect the rights of shareholders, where we would like to hear all this information from Natalya Sergeevna,” he said.
Long judicial prospect
Also on Friday, a regular court hearing was held regarding the bankruptcy case of the Murinskoye-1 housing cooperative. In February, the court overturned the appointment of Vadim Fedichev as temporary manager of the Murinskoye-1 housing cooperative; his candidacy was proposed by the regional administration. This was facilitated by the developer's lawyers. Yesterday, it was supposed to consider the candidacy of Igor Rulev in his place. However, Vadim Fedichev and AHML filed a complaint, which will take place at the end of March, so yesterday’s meeting was postponed.
In February, AHML of the Leningrad Region rejected the bankruptcy claim of one of the developers of the Forces of Nature residential complex, Romantika LLC, and an appeal was filed.
Mikhail Moskvin noted then that the second party was “trying to gain control over the bankruptcy procedure in order to include up to a thousand unpaid apartments in the register.” “The arithmetic is simple: the developer spoke about 3 thousand contracts. At the moment, we know that claims from 1,900 apartments have been submitted to the court. It may well be that the company will then form a new housing cooperative with these legalized apartments and transfer them to the state. We will be forced to complete the construction. After This way, the developer will be able to sell finished apartments in which he did not invest, and earn money from the budget,” he said.
The government press service also noted earlier that the developer never presented an investor to complete the project.
About 4 billion rubles were collected from shareholders and equity holders, the regional government reported to the DP.
The most problematic object
Residential complex "Forces of Nature" "O2 Development" is one of the largest problematic objects in the Leningrad region. O2 Development is also controlled by Alexey Dmitriev.
The project started in 2013. O2 Development leased a plot of 30.2 hectares from Baltinvestbank and began construction of two phases of 135 thousand m2 of housing. One of the phases is being built according to the housing cooperative scheme (area - 65 thousand m2, 95% ready, about 90% of housing has been sold), the second - under an equity participation agreement (area - 69 thousand m2, 40% ready, about 40% sold apartments). Right now the number of financially secured contracts is being clarified.
Later, the developer received permission for three more phases. And the land under the first two stages, 12 hectares, was bought into the ownership of the Murinskoye-1 housing cooperative and Romantika LLC.
"O2 Development" planned to connect the residential complex "Forces of Nature" to local wastewater treatment plants, but the authorities insisted on connecting to the central sewerage system, and the developer entered into an agreement with the management company "Murino", but there was no money for this. Permission to build three more phases was revoked. The lease agreement for the lands was terminated, and they remained with the bank, which began having problems at the end of 2015, and Absolut Bank became the sanator.
It was previously reported that the ex-co-owner of Baltinvestbank planned to invest in the completion of houses (in the fall of 2015, the bank began to have serious problems, and is now being sanitized by Absolut Bank). We were talking about 400-500 million rubles needed to connect houses to the water drainage and sewerage system. O2 Group leased the land for the construction of 350 thousand m2 of housing in Murino with the right of subsequent purchase from Retail Park Imperia LLC (RP Imperia), which is associated in the market with Yuri Rydnik. It is also known that Baltinvestbank acted as a financial partner of O2 Group in the project in Murino, although the bank always denied affiliation with RP Imperia. However, in the end, Yuri Rydnik refused to finance the problematic construction.
His company "" was also called another interested investor.
Finally, a company from the RR-City bank became interested and planned to buy the project from the developer. But not a single bank wanted to finance the completion of the problematic facility, and the potential investor abandoned the project.
As a result, last summer, the Leningrad region agreed to finance the completion of the Forces of Nature residential complex with Rossiya Bank, a government-friendly bank. The project includes the Leningrad Regional Housing Mortgage Lending Agency, a 100% subsidiary of the Leningrad Region government, which operates under state housing programs.
This company would become the borrower, operator and organizer of completion, and it would select the customer, contractor, etc. on a competitive basis. It was planned to return the loan funds to the bank through the sale of vacant apartments and money under government programs (in the Forces of Nature residential complex they will offer participants in government housing programs to buy apartments). To do this, it was necessary to take control of the bankruptcy procedure of the previous developer, the Murinskoye-1 housing cooperative and Romantika LLC.
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Interview with a representative of the RR-City company about the present and future of the problematic long-term construction.
On June 1, RR-City workers began completing the construction of the Forces of Nature residential complex in Murino. Work began back in 2012; 2,666 shareholders are waiting for their apartments in four buildings. Previously, the O2 Development company was responsible for the construction, but since April of this year, RR-City has taken over the project. The Karpovka correspondent talked with the head of the Forces of Nature project, Alexander Leonov, and found out when the housing will be completed, why it is necessary to come to an agreement with the shareholders, and why RR-City is involved in the fate of the long-term construction.
When will they be handed over?
Shareholders have been waiting for their apartments for five years. According to your forecasts, when will the first two buildings of the “Force of Nature” be connected to the power grid, and the remaining two buildings will be completed?
Alexander Leonov, project manager for the residential complex “Forces of Nature” at RR-City
- The first building should be commissioned in November 2017, the second - in December. Shareholders of the third building will receive the keys in October 2018, and the fourth - in July 2019.
The cost of completion is 2 billion rubles. RR-City expects to receive money from Baltinvestbank. Shareholders told the editors that the process is dragging on. Do you have any problems getting this loan?
- I wouldn't call it a problem. This is a complex process associated with obtaining a loan. The bank checks and evaluates all risks and has hired a large number of consultants. They should submit their reports soon. We hope that the issue will be resolved soon. But this does not affect the construction process: on June 1, without waiting for the bank, we went to construction with our own money. By the way, before the bank we conducted an audit ourselves and told the bank all the risks. So we consider the audit of Baltinvestbank as a kind of formality.
- Have the first and second buildings been completed yet? What work do you have left to do there?
- Internal work has not been completed there, engineering communications have not been installed, there is no finishing of the premises. The houses are not connected to water, electricity or heat. Agreements with energy supply organizations have not yet been paid.
One hundred million rubles in profit
Shareholders and equity holders of the complex bought apartments from various O2 subsidiaries. How are RR-City, Murinskoye-1 housing cooperative and Romantika LLC related to each other? Have the companies merged or remain separate legal entities?
- We buy “Romance”. This is the developer of the third and fourth buildings. There will be a complex scheme with the participation of a bank, a collateral buyout. Subsequently, this company will be fully owned by RR-City. As for the Murinskoye-1 housing complex, the developer of the first and second buildings, the design is more complex, we have entered into an investment agreement with them, and we are providing financing for a share of the construction costs.
Who should shareholders and equity holders who bought apartments before you entered the project deal with? With O2 Group, developers or RR-City?
- They have concluded agreements with the Murinskoye-1 housing cooperative; it remains the only legal entity with which they interact. It alone is responsible.
You are engaged in a very problematic long-term construction project. What profit does RR-City expect to receive from participating in this business?
- There are several reasons why we started this long-term construction project. First, it’s hard for everyone in the construction market right now. The profitability of developers is falling. Now it does not even reach 10% of the project cost. We have a team, there are people and they need to do something. The question here is not even about profit, but about covering current expenses and preserving the team. You need to support and retain your staff. The second is reputational gain, you understand. If we talk about the financial side, we hope that after everything is completed, we will receive about 100 million rubles in profit. This is not much for such an object.
23 hectares of benefit
The Forces of Nature residential complex is being built on seven hectares of Murino land. This entire area will go to RR City. But not only this, the company can also get 23 hectares, adjacent to the residential complex. Now all this land belongs to Baltinvestbank, which cannot implement any projects on it.
Under an agreement with Baltinvestbank, you must receive 23 hectares of land adjacent to the residential complex under construction. The government of the Leningrad region wants you to build social facilities on them. What are your plans?
- Now these 23 hectares belong to the bank and are inextricably linked with the family on which the residential complex is being built. Yes, there will be social infrastructure - schools, kindergartens and parking lots - this is required not only by the government, but also by common sense. We received a decree from the Leningrad region government to develop a design plan for all 30 hectares. In addition to social facilities, we plan to place high-quality housing with a rich infrastructure on 23 hectares. But there are no specifics yet.
- Why do you want to place housing on these 23 hectares, and not a shopping center, for example?
- This concept doesn't work. They tried to build shopping centers in all areas bordering St. Petersburg. And all these attempts failed. Because a huge amount of housing is being built there, and the first floors of all the houses are reserved for commerce. There are grocery stores, restaurants, and cafes there. People simply don't need a shopping center in Murino. If they want to do some serious shopping, they will simply go to the nearest Mega.
“There is no need to bankrupt developers”
Let's return to the shareholders. What should people do who have won in court to invalidate share or shared participation agreements and can now neither lay claim to apartments nor receive compensation from developers?
- We still have the last problematic set of issues - those involved in shared-equity construction. The accounts of the housing cooperative "Murinskoe-1" and LLC "Romantika" were frozen. Precisely because people brought their legal demands to court and received writs of execution. This is a big difficulty for us as investors, because all contracts must go through the accounts of the developers. The logic of our entry into the project is that we spend all the money on construction. We understand that the Murinskoye-1 housing cooperative, according to my estimates, has about more than a hundred million rubles of obligations to the participants in shared construction who have terminated their contracts. We understand that we will spend this money on construction. In order to unblock accounts and begin normal activities of legal entities, we need to gather all shareholders and agree on how the work on revoking writs of execution will take place.
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Dear shareholders!
The YuAP-SPb group of companies has been guarding the interests of St. Petersburg shareholders for more than 8 years.
We are familiar in detail with the problematic situation regarding the O2 developer and specific problematic objects - the Forces of Nature residential complex, the Samoe Heart residential complex, and the My Element residential complex.
What do shareholders need to do:
Receive detailed information on the state of construction of objects, including actual construction deadlines
Assess possible risks, including the risks of bankruptcy of the developer, the risks of additional payments for completion and the risks of long-term construction
Assess possible legal prospects in the case, including the possibility of receiving a penalty or complete termination of the contract
Assess recovery prospects, i.e. the possibility of receiving money through court decisions or in pre-trial proceedings. Reliably find out the actual timing of such procedures
You can search for the information listed on your own, but it’s easy to get confused among all the “information garbage” and internally contradictory information on the Internet. Lawyers and lawyers of the Group of Companies of the Southern Administrative District of St. Petersburg, as part of the campaign to support defrauded shareholders of O2 Development, are conducting .
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Answers to all your questions and pitfalls
It is important to understand that contracts under the housing cooperative scheme and contracts for participation in shared construction have their own specifics.
It is highly recommended not to sign any additional agreements with the developer or other documents without prior approval from a lawyer. Reckless actions may deprive you of the right to receive penalties for violating the terms of the contract or result in the payment of unreasonable compensation. Be careful!
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The residential complex “Forces of Nature” is a block of 4 eco-new buildings located on the banks of the Okhta River in the village of Murino. According to the developer, O2 Development, the Forces of Nature residential complex should become a modern quarter with its own well-developed infrastructure.
- The advantages of the complex, according to the official website, are:
- stylish and fashionable interior of rooms;
- widespread landscaping;
- bright colors of facades;
- proximity to the metro station and the Ring Road;
- convenient parking without entering the courtyards;
- safety playgrounds for children and modern outdoor exercise equipment for adults;
- clinics, schools, kindergartens, shops and other social facilities within walking distance;
- The construction progress was covered on the project's official website.
Potential buyers were also attracted by the low cost of apartments and the quick delivery time of the project - the end of 2014 for first-stage houses.
Important! Experts note that the houses of the Forces of Nature residential complex cannot be called high-quality. The lack of documentary evidence of the fire resistance limit of load-bearing structures, the design of the water supply and sanitation system, the ill-conceived evacuation system for residents of the upper floors, as well as poor sound insulation indicate that life in such a house is unlikely to be comfortable and safe. In addition, these circumstances indicate that putting the buildings into operation will not be easy.
By the appointed time - the end of 2014 - it became known that construction was being delayed, and not a single shareholder had received the keys to the new housing. The management of O2 Development stated that construction progress had slowed down “for objective reasons,” which included the economic crisis and legal conflicts with local authorities.
During the two years of downtime, the construction site was not guarded; the construction company made no attempts to protect the building materials. As a result, the pipes left in the open air rusted, some of the communications were stolen, and the other part was hopelessly damaged. The basements of partially built houses were flooded, as was the pit where the 4th building was supposed to be located.
Under these conditions, the panicky mood of shareholders was understandable. In 2016 alone, they organized 30 pickets, 2 rallies, and set up a tent camp. In one of the VKontakte groups, desperate citizens even discussed the possibility of self-immolation on Red Square in Moscow, however, fortunately, this idea has not yet come to fruition. Currently, the number of defrauded shareholders reaches 2,666 people.
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Residential complex "Forces of Nature": latest news about long-term construction in Leningrad region
The latest news about the residential complex “Forces of Nature” comes regularly. The most important news in recent weeks was the information that from June 1, 2017, construction will be resumed by the developer RR-City. However, with the arrival of summer, things did not move from the “dead point”. This is explained by the fact that Baltinvestbank, which plans to provide a loan of 2 billion rubles to RR-City, is still auditing the project documentation. Lawyers for shared construction reassure shareholders and advise them not to panic, since preliminary consent for a loan from Baltinvestbank has already been received. In addition, as an additional incentive, RR-City will receive a plot of 23 hectares, located near the Forces of Nature residential complex, as its own property.
Representatives of RR-City name the following approximate dates for the delivery of objects:
- 1st building - November 2017;
- 2nd building - December 2017;
- 3rd building - October 2018;
- 4th building - July 2019.
But shareholders do not share RR-City’s optimistic attitude. The fact is that many citizens, tired of waiting for their apartments, terminated their contracts and demanded a refund. Since the contracts were concluded with the Murinskoye-1 housing cooperative and not with O2 Development, confusion arose with the definition of the defendant. Representatives of RR-City, in turn, directly stated that they are not obliged to pay money under other people’s writs of execution. The most difficult situation is faced by citizens who terminated the contract, who cannot get their funds back and no longer have any claims to apartments in the Forces of Nature residential complex. According to preliminary data, the number of such shareholders exceeds 50 people.
LCD “Forces of Nature”: what shareholders write in the unofficial group “VKontakte”
In May 2017, it became known that a criminal case was opened against unidentified citizens from among the managers of Romantika LLC, O2 Development and the Murinskoye-1 housing cooperative, part 4 of article 159 of the Criminal Code of the Russian Federation “Fraud committed by an organized group.” or on an especially large scale or resulting in the deprivation of a citizen’s right to residential premises.” The sanction of this article provides for up to 10 years of imprisonment. Possible additional sanctions are a fine of up to 1 million rubles (or in the amount of 3 years' earnings) and up to 2 years of restriction of freedom.
The investigation suggests that the management of the listed organizations stole and used for their own purposes more than 6 billion rubles received from shareholders. The sole founder of O2 Development is a legal entity registered in the British Virgin Islands, and the developer itself was transferred to foreign jurisdiction back in June 2016. This fact, as well as the fact that there are multiple companies on the developer’s side, may indicate that the shareholders’ money may have been transferred to foreign bank accounts. In turn, the transfer of money could mean that the management of the construction company foresaw a “freeze” of construction and was preparing to protect the extracted funds from enforcement proceedings.
Comment from a lawyer from Legal Petersburg:
“It was known back in 2013 that construction could stop. When checking the reliability of the developer, some citizens drew attention to the founder, as well as to the fact that until now the construction company has not built a single residential building from scratch.”
In any case, this case received a great public outcry and was even brought to the attention of the President of the Russian Federation, which means that the missing money will be found. The criminal case is under the control of the prosecutor's office. You can find out the latest news about the Forces of Nature residential complex in the unofficial group of shareholders “VKontakte”.
There is a way out for shareholders of the Forces of Nature residential complex
Many shareholders, tired of waiting, terminated the contract and demanded the return of their money through the courts. Reviews about this method of solving the problem vary. For example, shareholder Alexey, who entered into an agreement back in 2014, independently went to court and then signed a settlement agreement with representatives of the developer. Under the terms of this agreement, the shareholder refuses to collect the penalty, and the developer undertakes to return the entire amount within 2 months. But the money was not paid on time.