What is included in the overhaul of a residential building. Contribution for the overhaul of apartment buildings. Types of work that are paid for by the minimum contribution
House management
The deadlines for overhaul in apartment buildings (MKD) are determined by the regional program developed by the authorities of the constituent entity of the Federation. It is formed for the period required for major repairs in all apartment buildings located in the region and is calculated until 2043. The sequence of major repairs is determined on the basis of the duration of operation of engineering systems and structural elements of MKD and an assessment of their technical condition.
At the same time, owners of premises in MKD, who form a capital repair fund on a special account, may decide to carry out capital repairs earlier than the deadlines established by the regional program. According to Article 189 of the Housing Code of the Russian Federation, overhaul is carried out on the basis of the decision of the general meeting of homeowners in this house. The decision to carry out major repairs in the MKD is made at the suggestion of the person who manages this house, the regional operator, or on his own initiative. The right to carry out repairs at an earlier date is determined by part 4.1 of article 170 of the RF LC.
How to correctly draw up a decision on early overhaul?
For the successful implementation of such a decision, it is necessary to comply with the condition that as of the date of this decision, the funds in the special account are sufficient to finance capital repairs or other methods of financing it have been chosen. At the same time, part 7 of Article 189 of the Housing Code stipulates that if the overhaul of common property in an apartment building, the owners of the premises in which form a fund for overhaul on a special account, is not carried out within the time period stipulated by the regional overhaul program, the local government takes decision on the formation of a capital repair fund on the account of a regional operator.
It should be noted that the accumulation of funds for major repairs on a special account excludes the possibility of borrowing the collected money from this account for the needs of other MFBs. It also excludes the possibility of replenishing this account from other accounts for the needs of this house. Accordingly, the owners will need to make a decision to raise the missing funds by applying for a preferential loan or other targeted funds.
In the decision of the general meeting of owners of premises in an apartment building to carry out early overhaul in an apartment building, the following must be determined and approved:
- list of overhaul works;
- cost estimate for major repairs;
- the timing of the overhaul;
- a person who, on behalf of the owners of premises in an apartment building, is authorized to participate in the acceptance of the work performed (Article 189 of the Housing Code of the Russian Federation).
Financing and control of early capital repairs
If the capital repair fund is formed on a special MFB account, then the owners, when carrying out major repairs of common property, can rely solely on the funds accumulated or collected by them, or they can use the monetary funds of credit institutions.
Organization of capital repairs on credit allows owners to carry out selective or complete overhauls in an apartment building, without waiting for the deadlines determined by the regional program. Capital repairs on credit is the most financially balanced scheme for organizing capital repairs, requiring minimal budgetary expenditures. In the accumulative system of financing capital repairs, there is a problem of inconsistency between the cost of major repairs and the size of payment for major repairs. There is no such problem in the capital repair lending model - the payment exactly finances the costs incurred.
The Russian government plans to launch a loan program for capital repairs of apartment buildings at a preferential rate of 12% per annum, Andrei Chibis, Deputy Minister of Construction and Housing and Utilities of the Russian Federation, promised not so long ago. The scope of the program is currently being finalized.
As for the choice of the contractor who can perform work as part of the overhaul of the common property in the MKD, it should be noted that it directly depends on the method of forming the capital repair fund chosen by the owners of the premises in the MKD.
In the case of choosing the method of forming a capital repair fund on the account of a regional operator, in accordance with clause 3, part 1 of article 180 of the RF LC, the capital repair fund performs the functions of a technical customer for major repairs of common property. He is obliged to involve contractors for the provision of services and (or) to perform overhaul works, to conclude appropriate contracts with them on his own behalf (part 2 of article 182 of the RF LC). At the same time, the choice of contractors by them for the provision of services and (or) the performance of work on the overhaul of common property in the MKD in accordance with part 5 of article 182 of the RF LC is carried out in the manner established by the Government of the Russian Federation.
If cash for overhaul are collected on a special account, then the whole process from start to finish will be controlled by the owners of the apartments located in this house. At the same time, you may have to learn to understand the technology of repairs, learn as much as possible about the criteria for assessing the quality of work, expand your knowledge in the field of building materials. But as a result, you can get exactly the overhaul that is needed for a particular house.
Overhaul is a matter for each management company and any of the tenants. In the article, we will consider both the general principles of overhaul organization and some non-obvious subtleties that will help the management company to build the process more efficiently and at lower costs.
How is a major overhaul organized and carried out
Structural elements, engineering systems and equipment of apartment buildings gradually wear out, therefore, they require periodic intervention to restore normal conditions. These procedures make up the overhaul, which is planned in each apartment building. The procedure for conducting it with the latest changes will be considered in this article.
General principles of MKD overhaul
A list of sanitary and technical requirements is presented to apartment buildings. If the current repair does not allow bringing the building in accordance with the regulations, then a major overhaul is carried out. In the course of it, the main elements and structures of the MKD are restored or replaced.
The procedure for carrying out major repairs involves the obligatory coordination of measures at a general meeting of the house. Until recently, the tenants claimed everything related to:
- list of work performed;
- cost estimates;
- deadlines;
- sources of funding;
- persons accepting work from the side of apartment owners.
In the fall of 2017, the rules for the overhaul were significantly revised. In accordance with them, for example, the OSS is no longer engaged in the approval of the estimate of the overhaul. This applies even to those cases when the formation of the capital repair fund takes place on a special account.
The need for overhaul of residential buildings is regulated by law. It must be carried out for buildings with the following wear:
- wooden - from 65 percent;
- stone - from 30 to 70 percent.
How is the overhaul carried out
It must be remembered that in the concept of major repairs there is a distinction between its complete and selective implementation. Selectively, it is carried out only for a part of MKD elements that need urgent updating. A complete overhaul according to regulatory documents must be carried out 30 years after the house began to be used, selective - after 20 years. For structural elements of buildings, the specific service life is determined by the material of manufacture. For example, foundations, walls, and ceilings can last from 30 to 80 years, while interior finishes can last from 3 to 30 years.
During the construction process, each house has a technical passport, which displays, among other things, the state of its elements. The need for overhaul of MKD is determined, inter alia, according to information from this document. Whether the house needs to be repaired is decided by a special commission consisting of specialists from different departments. They pre-inspect the buildings and make a decision on the need for certain events.
Residents can also influence whether it is necessary to carry out overhaul work in an apartment building. The owners have the right to refuse certain works if they think that the house can do without them. However, with regard to elevators, critical communications and important elements of the building, work will have to be carried out without the consent of the apartment owners.
Fundraising to finance overhaul
Overhaul of apartment buildings is carried out at the expense of funds that are collected from residents in the form of mandatory monthly contributions. Apartment owners choose one of the options for forming a capital repair fund:
- from a regional operator (in a common boiler);
- on a special account specific to a specific home.
The main advantage of using a special account is the freedom to dispose of the funds collected on it. In this case, the tenants themselves determine when the overhaul work will be carried out in the apartment building. They do not depend on decisions regarding the sequence of work carried out at the regional level. The disadvantage of your own account is the need to spend time and effort on opening and maintaining it. Working with a special account is described in all details in an expert article in our magazine.
If apartment owners do not choose independent way collecting funds for overhauls, then the funds regularly paid by them are sent by default to the regional operator. The RO accumulates funds and is responsible for the overhaul of the common property in the MKD, but it does not carry out the work itself. The Regoperator engages the necessary contractors and makes sure that they meet the deadlines and quality requirements.
Many believe that the money sent by the RO was lost for the management company and homeowners association. However, in reality this is not the case. Managing organizations themselves may well become contractors, that is, those who carry out major repairs. In this case, they can earn on the performance of work, even if the funds for them are collected on the account of the regional operator. How exactly to do this is described in the article by the editor-in-chief of the "Management of an apartment building" magazine. From the material you will learn:
- what needs to be done to participate in the preliminary selection;
- how electronic auctions are conducted;
- by what criteria the winner is selected.
If funds are collected on a special account of a particular house, then the managing organization, HOA or cooperative is considered its owner. In this case, the Criminal Code is more free at the disposal of its own funds, since the issues of their allocation for repair work are decided by the residents of the OSS themselves. However, this does not mean that the management company always has enough money for everything.
It often happens that the State Housing Inspectorate issues an order on the need for repairs, for example, of the roof, and the accumulated funds are not enough for this. Naturally, the inspectors do not care about how the Criminal Code will finance the repair work. GZI is important about the result, which is the fulfilled prescription. In its absence, the responsible organization will face fines and other sanctions.
If the funds are not enough, then they can be borrowed. This issue is devoted, in which the following points are considered:
- what general rules are used to finance capital repairs;
- how financing is carried out if the work is carried out ahead of schedule;
- how a bank loan is issued for capital repairs;
- how the owners are given loans.
The issue of lending for capital repairs arises more and more often, because not only the regulatory authorities, but also the residents themselves often want to see the result immediately. Certain management companies and homeowners' associations are switching to the practice of using exclusively borrowed funds. They first carry out the necessary repair work, and only then begin to collect money for them. How exactly to organize this process, in which regular tenants' contributions will be directed to repay a loan for already made repairs, is described in the case of the Kalininets HOA from the Rostov region.
Many believe that collecting funds for overhaul from tenants and accumulating them on the account is an endless process, from the introduction of MKD into operation (adjusted for new buildings) to the demolition of the building. It actually works a little differently. In some cases, the collection of money can even be suspended, but this is only true for houses in which the accumulation of funds occurs in a special account.
For special accounts, the regional authorities determine the minimum size of the Kyrgyz Republic fund, and when it is reached, the collection can be temporarily suspended. Here, the opinion of the owners is also important, who have the right to increase the amount of contributions in order to carry out some additional work in the house. The topic of termination of fees for overhaul is discussed in more detail in a special article. Including, in it you can find answers to the following questions:
- 5 cases when funds are not collected;
- how much you need to accumulate to suspend the collection of contributions;
- for how long the collection of contributions is suspended;
- whether it is possible to stop collecting funds.
As an exception, it is necessary to mention the houses to which the state is obliged to provide financial assistance in the implementation of major repairs. Since the end of 2017, a special procedure has been envisaged for apartment buildings, which needed major repairs even before the first apartment was privatized in them. There are few such houses in the country, but they exist, and their owners can count on state aid. How exactly this process is organized, and how much assistance can be obtained, is described in the article of the magazine "MKD Management" for August 2018.
Overhaul of an apartment building- carrying out work to eliminate faults in worn-out structural elements of the common property of owners of premises in an apartment building, including their restoration or replacement, in order to improve the operational characteristics of common property in an apartment building.
The costs of capital repairs of common property in an apartment building must be financed from the capital repair fund and other sources not prohibited by law.
Who is responsible for overhauling an apartment building?
Until 2014 (before the entry into force of the Federal Law of the Russian Federation of December 25, 2012 No. 271-FZ "On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation and the Recognition of Certain Provisions of the Legislative Acts of the Russian Federation" (hereinafter Law No. 271- Federal Law) capital repairs helped to carry out the Housing and Utilities Reform Fund.Now this fund will finance only the resettlement of citizens from dilapidated and dilapidated housing.
In accordance with the introduced requirements, they are obliged to pay monthly contributions for major repairs. After the entry into force of Law No. 271-FZ from 2014, owners in apartment buildings will pay for major repairs. In some regions and before adoption said law owners have already paid for the overhaul of residential buildings.
In addition, the Civil Code of the Russian Federation (Article 210) and the Housing Code of the Russian Federation (Clause 1 of Article 158) clearly establish that Responsibility for the maintenance of the dwelling, which is owned, lies with its owners. In other words, a person who has bought, privatized or otherwise obtained the right of ownership of an apartment in an apartment building receives not only the rights, but also the obligations to maintain the housing in proper condition (repair of the roof, facade, foundation, etc.).
Prior to the adoption of Law No. 271-FZ, there was no clear mechanism for implementing the obligation to maintain common property by owners in an apartment building. One could endlessly complain about the collapsing facades and the leaking roof, and wait for it to be fixed. Now the overhaul of an apartment building depends on the residents themselves.
Despite the fact that the financial burden for the overhaul of apartment buildings is imposed on the owners, the authorities should not stand aside. On organs state power and local governments are charged with organizing the provision of timely overhaul of common property in apartment buildings at the expense of contributions from owners of premises in such buildings for overhaul of common property in apartment buildings, budgetary funds and other sources of funding not prohibited by law.
Who is responsible for old, unproduced renovations of an apartment building?
More than half of the housing stock of the Russian Federation requires repairs, however, Law No. 271-FZ does not provide for any obligations of the authorities for the old, not carried out major repairs.
At the same time, it should be noted that the Federal Law of 01.02.2010 No. 4-FZ "On Amendments to the Federal Law" On the Enactment of the Housing Code of the Russian Federation "is the effect of Article 16 of the Law of the Russian Federation" On the Privatization of the Housing Stock in the Russian Federation ", which provides that during the privatization of residential premises occupied by citizens in houses requiring major repairs, the former landlord retains the obligation to carry out major repairs of the house in accordance with the norms for the maintenance, operation and repair of the housing stock, extended until 03/01/2015.
Important! There is a fairly clear position of the courts that municipalities are responsible for the repairs of houses that should have been done, but not done in a timely manner.
What common property is subject to major repairs in an apartment building?
In accordance with article 166 of the Housing Code of the Russian Federation, capital repairs from the common property in an apartment building at the expense of the capital repair fund are subject to:
1) in-house engineering systems for electricity, heat, gas, water supply, drainage;
2) lift equipment (repair or replacement), found unsuitable for operation, repair of lift shafts
3) the roof of the house;
4) basements related to common property in an apartment building;
5) the facade of the house;
6) the foundation of the house.
But the above list is not exhaustive. Regulatory legal act of the subject Russian Federation the list of services and (or) work on overhaul of common property in an apartment building, financed from the capital repair fund, may be supplemented by services and (or) work:
For facade insulation,
Conversion of a non-ventilated roof to a ventilated roof,
Arrangement of exits to the roof,
Installation of collective (common house) metering devices for the consumption of resources necessary for the provision of utilities, and nodes for controlling and regulating the consumption of these resources (heat energy, hot and cold water, electric energy, gas),
other types of services and (or) work.
You can find out what types of work on the overhaul of common property in an apartment building are additionally established by a legal act of a constituent entity of the Russian Federation in the regional executive body in the field of housing and communal services (department of housing and communal services).
Important! The owners of premises in an apartment building may decide to carry out any other work, but by establishing an excess minimum size contribution (additional contribution) for major repairs.
A part of the capital repair fund formed due to 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) work on major repairs of common property in an apartment building.
Contributions for overhaul of common property in an apartment building
In accordance with article 169 of the Housing Code of the Russian Federation, owners of premises in an apartment building are required to pay monthly premiums for overhaul of common property in an apartment building.
Payments for overhaul are now mandatory everywhere. Law making overhaul fees compulsory for all owners , is aimed at creating a clear mechanism that will allow the overhaul of the entire housing stock in a planned manner.
Accommodation fees and utilities for the owner of the premises in an apartment building now includes:
1) payment for the maintenance and current repair of the house;
2) contribution for overhaul;
3) payment for utilities.
Therefore, when receiving a receipt, pay attention to what your payments consist of.
Funds contributed by the owners as a contribution for capital repairs are accumulated in a special account and are recognized as general funds. A special account is opened with a credit institution.
The minimum contribution for major repairs is established by the regulatory legal act of the constituent entity of the Russian Federation based on the occupied total area of the premises in an apartment building belonging to the owner of such premises, and can be differentiated depending on the municipality, taking into account:
Its type and number of storeys;
The cost of overhaul of individual elements of building structures and engineering systems of an apartment building;
The standard terms of their effective operation until the next major overhaul (standard overhaul periods);
And also taking into account the list of works on overhaul of common property in an apartment building established by the RF Housing Code and the regulatory legal act of the constituent entity of the Russian Federation.
Order of the Ministry of Construction of Russia dated 07.02.2014 No. 41 / pr approved methodological recommendations for the establishment by a constituent entity of the Russian Federation of the minimum contribution for the overhaul of common property in apartment buildings.
The obligation to pay contributions for major repairs arises from the owners of premises in an apartment building after four calendar months, unless an earlier period is established by the 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. That is, depending on the timing of the publication of the program, we can say that this will happen no earlier than May-June 2014.
In the event that the Management Company arbitrarily increases the amount of the contribution for capital repairs, the owners may apply to the court to protect their interests.
Are premiums payable if the house is deemed to be in disrepair and subject to demolition?
According to the norms of the Housing Code of the Russian Federation, contributions for major repairs are not paid by the owners of premises in an apartment building recognized in the order established by the Government of the Russian Federation as emergency 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 withdrawal for state or municipal needs the 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 belonging to the ownership of the Russian Federation, a subject of the Russian Federation or municipality... This provision is mandatory, i.e. it is illegal to exempt any category of citizens from paying the overhaul fee.
In the event that an apartment building is recognized as emergency and subject to demolition or reconstruction, the regional operator is obliged to send funds from the capital repair fund for the purpose of demolishing or reconstructing this apartment building.
In the event of seizure of a land plot for state or municipal needs, the regional operator is obliged to pay the owners of premises in this apartment building the funds of the capital repair fund in proportion to the amount of contributions paid by them for capital repairs and the amount of the said 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 dwelling.
The obligation to pay contributions for overhaul arises from the owners of premises in an apartment building after eight calendar months, unless an earlier period is established by the law of the constituent entity of the Russian Federation, starting from the month following the month in which the approved regional overhaul program was officially published, which includes this apartment building.
For late payment, a penalty of 1/300 of the refinancing rate of the Central Bank is provided. The owners' decision to refuse to pay will be illegal. Money from non-payers can also be levied in court.
So, the owners of residential premises are obliged to bear the cost of capital repairs. What should be the tenants of municipal apartments? In municipal apartments, the owner is the municipality. This means that the municipality should also pay. People who live in municipal apartments are exempted from paying a contribution for major repairs.
According to paragraph 1 of Art. 290 of the Civil Code of the Russian Federation, the owners of apartments in an apartment building own, on the basis of common share ownership, the common premises of the house, the supporting structures of the house, mechanical, electrical, sanitary and other equipment outside or inside the apartment, serving more than one apartment.
Part 1 of Art. 36 of the RF LC contains a list of property belonging to the owners of premises in an apartment building on the basis of common shared ownership.
The obligation to pay the costs of overhaul of an apartment building applies to all owners of premises in this building from the moment ownership of the premises in this building arises.
Consequently, being the owner of premises in multi-apartment residential buildings, the municipality is obliged to bear the burden of maintaining the property belonging to it by paying payment for the overhaul of the common property of the houses.
Owners of non-residential premises in an apartment building are obliged to bear the costs of maintaining and repairing common property on an equal basis with the owners of residential premises. Such expenses are borne by the indicated owners of non-residential premises by making payments for the maintenance and repair of common living quarters and utilities (part 2 of article 154, article 155 - 158 of the Housing Code of the Russian Federation).
If the owners of non-residential premises in an apartment building refuse to bear the costs of maintaining and repairing common property in an apartment building, or in case of untimely and (or) incomplete payment for residential premises and utilities, civil liability measures may be applied to the owners of non-residential premises in an apartment building, as well as reclaiming on the basis judgment debts by foreclosure on movable and immovable property belonging to the debtor by right of ownership.
Are the owners of new houses obliged to pay for the overhaul? They are obliged, since in any building over time, supporting structures, engineering equipment are partially or completely destroyed. Therefore, it is more profitable for the owners of new houses to form a fund on their special bank account, to which the interest for using the funds will also be credited.
What is a capital repair fund?
Overhaul Fund formed by:
Overhaul contributions
Interest paid by owners in connection with improper performance of the obligation to pay contributions for capital repairs
Interest accrued for the use of funds in a special account.
In addition, income from the transfer for use of common property in an apartment building, funds of a homeowners' partnership, including income from economic activity homeowners' associations may be sent by the decision of the owners of premises in an apartment building, by the decision of members of the partnership of homeowners to form a capital repair fund in order to fulfill the obligation of the owners of premises in an apartment building to pay contributions for capital repairs.
Upon reaching the established minimum size of the capital repair fund, the 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 the payment of these contributions.
Capital repair funds can be used to:
Payment for services and (or) work on overhaul of common property in an apartment building,
Development of project documentation (if the preparation of project documentation is required in accordance with the legislation on urban planning),
Payment for construction control services,
Repayment of credits, loans received and used in order to pay for the specified services, works, as well as for the payment of interest for the use of such credits, loans, payment of expenses for obtaining guarantees and guarantees for such loans and borrowings.
In the event that an apartment building is recognized as emergency and subject to demolition or reconstruction, the funds of the capital repair fund are used for the purpose of demolishing or reconstructing this apartment building by decision of the owners of the premises in this apartment building.
And in the case of seizure for state or municipal needs of the land plot on which this apartment building is located, and, accordingly, the seizure of each residential premises in this apartment building, with the exception of residential premises belonging to the ownership of the Russian Federation, a constituent entity of the Russian Federation or a municipal formation, funds capital repair funds are distributed among the owners of premises in this apartment building in proportion to the amount of contributions paid by them for major repairs and contributions for major repairs paid by the previous owners of the respective premises.
Opinion: In our opinion, the lack of such a system for forming a capital repair fund is the lack of clear mechanisms for protecting savings (from inflation, corruption).
Is it possible to establish the minimum size of the capital repair fund, upon reaching which the owners of premises can stop paying the contribution for capital repairs?
According to clause 8 of Article 170 of the Housing Code of the Russian Federation, the law of the constituent entity of the Russian Federation may establish the minimum amount of capital repair funds in relation to apartment buildings, the owners of the premises in which form these funds in special accounts. In this case, upon reaching the minimum size of the capital repair fund, the owners of premises in an apartment building at the general meeting 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 the payment of these contributions.
What to do if it's time to make repairs, but the funds are not enough?
You can take a loan from a bank under the guarantee of a regional fund.
Go to the regional fund and then pay it until the amount spent on the overhaul is repaid.
It should be noted that the HOA, which transferred funds to the regional fund, can exit it and open a special account... And if the planned repairs in his house have not yet been made, the funds will be transferred to a special account. If the repair has already been made, but the funds transferred were not enough, and in fact the regional fund was paying extra, then the HOA must first pay off the debt, and only then open a special account.
Methods of forming a capital repair fund
The main changes affected the management companies. New law unilaterally deprives them of the opportunity to dispose of the funds that the owners transfer for major repairs.
Now this money will be managed either by the owners themselves (an individual accumulation system), or by a regional operator.
The owners of premises in an apartment building have the right to choose one of the following methods of forming a capital repair fund:
1) transfer of contributions for overhaul to a special account in order to form a fund for overhaul in the form of funds in a special account;
2) transfer of contributions for capital repairs to the account of a regional operator in order to form a capital repair fund in the form of obligations of owners of premises in an apartment building in relation to a regional operator.
Important! In the first case, the collected money will be used to repair a specific house, in the second - to repair any of the houses included in the relevant list (in order of priority).
Each owner of a dwelling in an apartment building has to choose how to save up for major repairs (together or separately).
Such a decision must be made at the general meeting of owners and reflected in the corresponding minutes. And, if the owners made a decision on individual savings and decided to open a special account in the name of a regional operator (in each constituent entity of the Russian Federation, a specialized non-profit organization is created, which collects funds and also provides overhaul of an apartment building), the protocol must be transferred to this operator.
The period during which the owners of residential premises must decide on the method of forming the capital repair fund?
The decision to determine the method of forming the 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 six months after the official publication of the regional procedure approved in accordance with the law of the constituent entity of the Russian Federation. overhaul programs.
No later than one month before the end of the six-month period, the local government shall convene a general meeting of owners of premises in an apartment building to decide on the choice of a method for forming a capital repair fund, if such a decision has not been made earlier.
In the event that the owners of premises in an apartment building did not choose the method of forming a capital repair fund within the above period, that is, they did not decide how to collect funds for major repairs of common property, they "by default" ended up in the regional fund.
The method of forming a capital repair fund can be changed at any time on the basis of a decision of the general meeting of owners of premises in an apartment building. The procedure for changing the method of forming a capital repair fund is established by Article 173 of the Housing Code of the Russian Federation.
The decision to terminate the formation of the fund on the account of the regional operator and the formation of a capital repair fund on a special account comes into force after two years after sending the decision of the general meeting of owners of premises in an apartment building to the regional operator, unless a shorter period is established by the law of a constituent entity of the Russian Federation.
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 in one month after sending the decision of the general meeting of owners to the owner of the special account.
Formation of a capital repair fund by transferring contributions to a special account (Copy separately)
If the first method of fund formation is chosen: Homeowners' associations have the right to open their own special account, to which the owners will transfer contributions for overhaul in order to form a fund for overhaul. At the same time, funds from such an account can only be used for major repairs and for nothing else.
If residents of an apartment building have decided on an individual form of accumulation of funds, they need to:
1. Conduct a general meeting of owners in accordance with the requirements of Article 45 of the Housing Code of the Russian Federation. Namely:
1.1. 10 days before the expected date of the meeting, notify each homeowner in writing about the upcoming event.
Clarification: if the owners, within the framework of the general meeting, did not approve a place for posting notices (for example, a notice board or a driveway), then the Housing Code leaves them only two proper forms of notification: personally signed, or by registered mail.
1.2. In the process of notification, each owner must be given an information message (Sample information message) in which it must be mandatory:
Information about the organizer (initiator / initiative group)
Form of holding (full-time / extramural)
Date, place, time of holding (in case of an in-person meeting)
End date of acceptance of decisions and place of transfer (in case of absentee voting)
Agenda
The procedure for familiarization with the information and materials that will be presented at this meeting + the place where you can get acquainted with them
Upon receipt of notification of the meeting, each owner must sign in the appropriate register (Register of notifications for face-to-face voting).
1.3. In the case of a face-to-face voting at the appointed date, place and time, the owners must appear with documents confirming their ownership, as well as identity documents. Then sign in the register confirming attendance (Register for participation in an in-person meeting)
1.4. The meeting can be considered valid if more than half of the owners attended / took part in the voting.
Example: if the house has 4000 square meters, it is possible to recognize the meeting as held by the fact of participation / voting of the owners who own 2001 sq. M.
1.5. If the quorum is not met, the participants decide to hold a vote in absentia and record in the minutes the deadline for accepting decisions (Sample owner's decision) and the place of their transfer. After that, the process of notifying the owners is repeated (clause 1.1) in the second round, with the corresponding changes made to the information message.
Requirements for the minutes of the general meeting on opening a special account:
Without fail, the minutes of the decision of the general meeting (Sample minutes of an in-person meeting) must contain decisions on 5 issues:
1. Amount of monthly installment for major repairs. The amount of the contribution cannot be less than that established by the government of the Krasnoyarsk Territory
2. List of works and services for the overhaul of common property. The list of works and services cannot be less than that provided for by the regional overhaul program.
3. Terms of overhaul of common property. The time frame cannot be later than the planned time frame established by the regional overhaul program.
4. Owner of a special account. Nominal owners of specials. accounts can be:
HOA (for houses managed by HOA);
Housing cooperative (for houses managed by a cooperative);
regional operator (for houses that are directly managed, as well as managed by management companies).
Clarification: in accordance with Art. 175 of the Housing Code of the Russian Federation, the owner of a special account can be a HOA that manages an apartment building and is created by the owners of premises in one apartment building or several apartment buildings, the number of apartments in which is not more than thirty in total, if the house data is located on land plots, which, in accordance with the documents contained in the state cadastre of real estate, have a common border, and, within which there are engineering networks, other infrastructure elements that are intended to be shared by the owners of premises in these houses .
Thus, if the powers of the HOA go beyond the scope of Art. 175 of the RF LCD, then it must open accounts with a regional operator, or split into separate HOAs.
In addition, the owner of a special account may be a housing cooperative or other specialized consumer cooperative that manages an apartment building.
Who benefits from?
It is beneficial for residents of relatively new houses, residents of houses where major repairs were carried out not so long ago, as well as owners who are serviceable payers, are configured to independently plan their costs for capital repairs and maximize personal control over the funds spent. There will be no financial assistance from the state in the case of individual savings.
This option is preferred. First of all, major repairs are not tied to the plan established by officials, therefore, it can be done earlier than in the order of the queue. In addition, the owners themselves set the amount of monthly installments (the amount of the monthly installment for overhaul should not be less than the minimum amount for overhaul established by the regulatory legal act of the constituent entity of the Russian Federation).
Repair work is performed by the management company or any other organization at the discretion of the owners. The bank will transfer the money to the contractor only after the owner of the special account has submitted the acceptance certificate signed by the representatives of the owners and local authorities.
What is a special account?
A special account is opened in the bank in accordance with the Civil Code of the Russian Federation and the specifics established by the Housing Code of the Russian Federation.
A special account can be opened with Russian credit institutions, the amount of own funds (capital) of which is at least twenty billion rubles. The Central Bank of the Russian Federation publishes information on credit institutions that meet the established requirements on a quarterly basis.
On such an account, a capital repair fund is formed, formed from contributions for capital repairs, interest paid in connection with improper performance of the obligation to pay such contributions, and interest accrued by the credit institution for using funds in a special account.
The share of the owner of the premises in an apartment building in the right to funds 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.
Important: When acquiring the ownership of premises in an apartment building, the acquirer of such premises transfers a share in the right to funds in a special account.
When the ownership of the premises in an apartment building is transferred to the new owner, the obligation of the previous owner to pay the costs of capital repairs of the apartment building, including the obligation not fulfilled by the previous owner to pay contributions for capital repairs, is transferred to the new owner
The owners of premises in an apartment building have the right to carry out the formation of a capital repair fund only on one special account... A special account can accumulate funds from the fund for capital repairs of premises owners in only one apartment building. The special account agreement is open-ended.
The funds in the special account cannot be foreclosed on the obligations of the owner of this account, with the exception of obligations arising from agreements on capital repairs.
If the holder of the special account is declared bankrupt, the funds in the special account are not included in the bankruptcy estate.
A credit institution in which a special account will be opened.
Owners may not choose any bank they like. The legislator limited the choice of more than 900 banks operating in the Russian Federation to about 30, setting as a mandatory requirement the minimum amount of own funds at 20 billion rubles.
Clarification: if a credit institution is not selected or does not meet the requirements of Part 2 of Article 176 of the RF LC, the right to choose a credit institution is transferred to the regional operator.
The specifics of opening and closing a special account, conducting transactions on the account are regulated by Articles 176-177 of the Housing Code of the Russian Federation.
The special account agreement may be terminated upon the application of the special account owner if there is a decision of the general meeting of owners of premises in an apartment building drawn up in the minutes to change the method of forming a capital repair fund, to replace the owner of a special account or a credit institution.
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 the apartment building, information on the amount of payments credited to the account of the owners of all premises in the apartment building, on the balance of funds on the special account, on all transactions on this special account.
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 an apartment building should 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) a list of services and (or) work for the overhaul of common property in an apartment building, consisting of at least the composition of the list of such services and (or) work provided for by the regional overhaul program;
3) the timing of the overhaul of common property in an apartment building, which cannot be later than the planned timeframe established by the regional overhaul program;
4) the owner of the special account;
5) a credit institution in which a special account will be opened.
Can owners of a home maintained by a property management company accumulate funds in a special account?
If the management of an apartment building is not carried out by an association of homeowners, a housing cooperative or other specialized consumer cooperative and the owners of premises in such a building have decided to form a capital repair fund on a special account, then a regional operator will open an account for them upon their request.
In this case, the owner of the special account is the regional operator, but the funds on it will belong to the owners of the corresponding apartment building, who will dispose of them in accordance with the Housing Code of the Russian Federation.
Formation of a capital repair fund on the account of a regional operator (Copy together)
The owners of premises in an apartment building have the right to decide on the choice of a regional operator as the owner of a special account.
The owners are invited to "stand in line" and, by monthly transferring a contribution for major repairs, wait for their turn to come.
Obviously, if the owners, after the publication of the regional program, find their house in the forefront for major repairs, it makes sense to think about the collective form of accumulation.
In accordance with the letter of the law, residents are also required to hold a general meeting and approve the form of accumulation, however, if the corresponding decision is not made or the regional operator is not notified, the decision in favor of the "common boiler" for the owners will be taken by the municipality.
In order to implement the decision on the formation of a capital repair fund on a special account opened in the name of a regional operator, the owners of premises in an apartment building must send a copy of the minutes of the general meeting of such owners to the regional operator who issued this decision.
In accordance with article 181 of the Housing Code of the Russian Federation, owners of premises in an apartment building who have made a decision 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, must 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 prescribed by Article 445 of the Civil Code of the Russian Federation.
The payment by the owner of the premises in an apartment building of a contribution for major repairs to the account of the regional operator after receiving the draft of such an agreement is considered its conclusion. In this case, the owners of premises in this apartment building, who have more than fifty percent of the votes of the total number of votes of the owners of premises in this apartment building, act as one party to the contract to be concluded.
Under an agreement on the formation of a capital repair fund and on the organization of major repairs, each owner of a premise in an apartment building is obliged to make payments for major repairs to the account of the regional operator on a monthly basis, in full, within the specified time frame.
The regional operator undertakes to provide:
Overhaul of the common property in this apartment building within the timeframes specified by the regional overhaul program,
Funding for such a major overhaul,
Transfer funds in the amount of the capital repair fund to a special account or pay the owners of premises in an apartment building funds corresponding to the shares of such owners in the capital repair fund.
What is a regional operator?
Regional operator is a legal entity created in the organizational and legal form of a foundation (Art. 178 of the RF LC).
The regional operator is created by the constituent entity of the Russian Federation. Several regional operators can be created on the territory of a constituent entity of the Russian Federation, each of which operates on a part of the territory of such a constituent entity of the Russian Federation.
By the end of 2013, all regions of the Russian Federation were to create a capital repair fund and establish a regional operator. The regional operator will carry out major repairs using funds that will go to the fund according to the plan, which will include every apartment building in the constituent entity of the Russian Federation. Local self-government bodies should draw up such lists. The registers (the regional program for the overhaul of common property in apartment buildings) will be publicly available, and every citizen will be able to follow the progress of the repair queue.
The functions of the regional operator are:
1) accumulation of contributions for capital repairs paid by the 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 their own 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 have chosen 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 own name;
3) performing the functions of a technical customer for capital repairs of common property in apartment buildings, the owners of the premises in which form capital repair funds on the account of the regional operator;
4) financing of expenses for capital repairs of common property in apartment buildings, the owners of premises in which form capital repair funds on the account, accounts of the regional operator, within the funds of these capital repair funds, attracting, if necessary, funds received from other sources, including from the budget of the constituent entity of the Russian Federation and (or) the local budget;
5) interaction with state authorities of the constituent entity of the Russian Federation and local governments in order to ensure timely overhaul of common property in apartment buildings, the owners of premises in which form capital repair funds on the account of the regional operator;
6) other functions provided for by this Code, the law of the constituent entity of the Russian Federation and the constituent documents of the regional operator.
The property of a regional operator is formed by:
1) contributions of the founder;
2) payments by owners of premises in apartment buildings, which form capital repair funds on the account of the regional operator;
3) other sources not prohibited by law.
Important! Funds received by the regional operator from the owners of the premises in apartment buildings forming capital repair funds on the account, the accounts of the regional operator, can only be used to finance the costs of capital repairs of common property in these apartment buildings. The use of these funds for other purposes, including the payment of administrative and business expenses of the regional operator, is not allowed.
Can a regional operator spend the funds received from the owners of one house on major repairs of another house?
The Housing Code allows the funds received by the regional operator from the owners of premises in the same apartment buildings, which form capital repair funds on the account, the accounts of the regional operator, can be used on a return basis to finance capital repairs of common property in other apartment buildings, the owners of premises in which also form capital repair funds on the account of the same regional operator. At the same time, the law of a constituent entity of the Russian Federation may establish that such use of funds is allowed only if the said apartment buildings are located on the territory of a certain municipality or the territories of several municipal formations.
It seems that 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 property, but not someone else's. As a general rule, officials allow the use of funds raised from one house for major repairs of another, according to the approved schedule. It remains only to guess how the queue will be formed, and who will receive assistance in the first place, and whose house will be renovated in 10 years.
Agreement on the formation of a fund for overhaul and on the organization of overhaul
The owners who have made a decision on the formation of the fund on the account of the regional operator are obliged to conclude an agreement with the regional operator on the formation of the capital repair fund and on the organization of the overhaul.
In this case, the owners of premises in this apartment building, who have more than fifty percent of the votes of the total number of votes of the owners of premises in this apartment building, act as one party to the contract to be concluded.
The regional operator ensures the overhaul, including in the event of insufficient funds from the capital repair fund, at the expense of funds received from payments of owners of premises in other apartment buildings that form capital repair funds on the account, accounts of the regional operator, at the expense of subsidies received from the budget of the constituent entity of the Russian Federation and (or) the local budget.
The regional operator, in order to ensure the performance of capital repairs, is obliged to:
1) prepare and send to the owners of premises in an apartment building proposals related to capital repairs;
2) ensure the preparation of an assignment for the provision of services and (or) the performance of work on overhaul and, if necessary, the preparation of design documentation for overhaul, approve the design documentation, be responsible for its quality and compliance with the requirements of technical regulations, standards and others normative documents;
3) involve contractors for the provision of services and (or) performance of work on capital repairs, conclude appropriate contracts 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 the project documentation;
5) carry out the acceptance of the work performed;
6) bear other obligations stipulated by the agreement on the formation of the capital repair fund and on the organization of capital repairs.
Accounting for capital repair funds by a regional operator
In accordance with article 183 of the Housing Code of the Russian Federation, the regional operator keeps records of the funds received on the account, the account of the regional operator in the form of contributions for the overhaul of the owners of premises in apartment buildings that form capital repair funds on the account, accounts of the regional operator (hereinafter - the system of accounting for capital funds repair).
Such records are kept separately for the funds of each owner of premises in an apartment building. Such records can be kept in electronic form.
The capital repair funds accounting system includes, in particular, information on:
1) the amount of accrued and paid contributions for capital repairs by each owner of the premises in an apartment building, arrears in their payment, as well as the amount of interest paid;
2) the amount of funds allocated by the regional operator for the overhaul of common property in an apartment building, including the amount of the provided payment by installments for services and (or) work on overhaul of common property in an apartment building;
3) the amount of debt for the services rendered and (or) the work performed for the overhaul of common property in an apartment building.
The regional operator, upon request, provides the above information to the owners of premises in an apartment building, as well as to the person responsible for managing this apartment building (homeowners' association, housing cooperative or other specialized consumer cooperative, management organization).
Obligations of the regional operator to organize the overhaul of common property in apartment buildings
In accordance with article 182 of the Housing Code of the Russian Federation, the regional operator provides:
- overhaul 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,
- capital repair financing common property in an apartment building, including in case of insufficient funds from the capital repair fund, at the expense of funds received from payments by owners of premises in other apartment buildings that form capital repair funds on the account, accounts of the regional operator, at the expense of subsidies received from the budget subject of the Russian Federation and (or) the local budget.
Reimbursement to the regional operator of funds spent on capital 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 capital repairs of the owners of premises in this apartment building.
The regional operator is liable to the owners of premises in an apartment building that form a capital repair fund on the regional operator's account 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 of obligations under overhaul by contractors engaged by a regional operator.
Responsibility of the regional operator.
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 contracts concluded with such owners in accordance with this Code and the laws of the constituent entities of the Russian Federation adopted in accordance with it are subject to compensation in accordance with civil legislation ...
The constituent entity of the Russian Federation bears subsidiary responsibility for non-fulfillment or improper fulfillment by the regional operator of obligations to the owners of premises in apartment buildings.
Control over the activities of the regional operator.
State financial control bodies of the constituent entities of the Russian Federation and bodies of municipal financial control of municipalities, the Accounts Chamber of the Russian Federation, control and accounting and financial bodies of the constituent entities of the Russian Federation and municipalities exercise financial control over the use of funds from the respective budgets by the regional operator in the manner prescribed by the budget legislation of the Russian Federation ...
What is the regional multi-unit common property overhaul program?
Regional program for the overhaul of common property in apartment buildings- this is a document that is approved by the supreme executive body of state power of a constituent entity of the Russian Federation in order to plan and organize the overhaul of common property in apartment buildings, planning the provision of state support, municipal support for overhaul of common property in apartment buildings at the expense of the budget of the subject of the Russian Federation Federation, local budgets.
The regional program for the overhaul of common property in apartment buildings determines the deadlines for the owners of premises in such buildings and (or) the regional operator for overhaul of apartment buildings.
The regional overhaul program is formed for the period required for overhaul of common property in all apartment buildings located on the territory of a constituent entity of the Russian Federation.
The regional overhaul program 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 as emergency and subject to demolition.
2. The list of services and (or) work on overhaul of common property in apartment buildings;
3. Planned period for overhaul of common property in apartment buildings.
4. Other information to be included in the regional overhaul program in accordance with the regulatory legal act of the constituent entity of the Russian Federation.
Opinion: According to the specialists of the Social Inquiry Foundation, the program will resemble a financial pyramid when the funds collected by the owners of the premises of one apartment building are used for the overhaul of other buildings. At the same time, in this situation, the owners of newer apartment buildings will sponsor overhaul of older apartment buildings.
The sources of the budgets of the constituent entities of the Russian Federation, local budgets and their volume provided for co-financing of regional capital repair programs are not entirely clear. After all, each budget has different possibilities, which will entail an increase in the payment burden on the owners of apartment buildings.
The solution of these and other equally important issues will entail quite a few discussions, and with it corruption schemes.
And what if the house is not recognized as being in danger, but is in very poor condition and its repair will require a very large amount of money?
In accordance with the regulatory legal act of the constituent entity of the Russian Federation, the regional capital repair program may not include apartment buildings, physical wear and tear of the main structural elements (roof, walls, foundation) which exceeds seventy percent, and (or) apartment buildings, in which the total cost of services and (or) work on the overhaul of structural elements and internal engineering systems that are part of the common property in apartment buildings, per one square meter of the total area of residential premises exceeds the cost, defined by the regulatory legal act of the constituent entity of the Russian Federation.
At the same time, no later than six months from the date of approval of the regional capital repair program or the adoption of a decision to exclude apartment buildings from such a program, a regulatory legal act of a constituent entity of the Russian Federation must determine the procedure, timing and funding sources for the reconstruction or demolition of these houses or other activities, stipulated by the legislation of the Russian Federation and ensuring the housing rights of owners of residential premises and tenants of residential premises under social rental agreements in these houses.
Important! In accordance with the regulatory legal act of the constituent entity of the Russian Federation, houses with less than three apartments may also not be included in the regional capital repair program.
What are the selection criteria for prioritizing the inclusion of apartment buildings in major renovation programs?
In accordance with paragraph 3 of Article 168 of the Housing Code, the criteria for selecting the priority of including apartment buildings in capital repair programs are established by the law of a constituent entity of the Russian Federation. As a matter of priority, the regional overhaul program should provide for overhaul:
1) common property in apartment buildings, in which major repairs were required 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, the overhaul of which is required in the procedure for establishing the need for overhaul of common property in an apartment building approved by the Government of the Russian Federation.
In order to implement the regional overhaul program, specify the timing of overhaul of common property in apartment buildings, clarify the planned types of services and (or) work on overhaul of common property in apartment buildings, determine the types and amount of state support, municipal support for overhaul, state bodies the authorities of the constituent entity of the Russian Federation, local governments are obliged to approve short-term (up to three years) plans for the implementation of the regional capital repair program.
Changes to the regional overhaul program that include postponement overhaul of common property in an apartment building for a later period, reduction of the list of planned types of services and (or) work on overhaul of common property in an apartment building, not allowed, except for the cases when the appropriate decision is made by the owners of the premises in this apartment building.
The regional overhaul program must be updated at least once a year.
Can the owners, on their own initiative, make decisions on carrying out capital repairs before the deadlines specified by the regional program? How will this affect the amount of the mandatory contribution for major repairs?
According to paragraph 4 of Article 181 of the Housing Code of the Russian Federation, in the event that, prior to the onset of the time period for the overhaul of common property in an apartment building established by the regional overhaul program, separate overhaul of the common property in this building was performed, as provided for by the regional overhaul program, payment for these works was carried out without the use of budgetary funds and funds of the regional operator and, at the same time, in the order of establishing the need for major repairs of common property in an apartment building, repeated execution of these works within the time period established by the regional capital repair program is not required, funds in an amount equal to the cost of these works, but no more than the size of the marginal cost of these works, are counted in the manner prescribed by the law of the constituent entity of the Russian Federation, against the fulfillment for the future period of obligations to pay contributions for major repairs by owners of premises in an apartment building operating capital repair funds on the account, the accounts of the regional operator.
Who has the right to decide on a major overhaul?
In accordance with Art. 189 of the Housing Code of the Russian Federation overhaul of common property in an apartment building is carried out on the basis of the decision of the general meeting of owners premises in an apartment building.
Owners of premises in an apartment building Anytime has the right to make a decision on the overhaul of common property in an apartment building at the proposal:
A person who manages an apartment building or provides services and (or) works on the maintenance and repair of common property in an apartment building;
Regional operator;
Or on their own initiative.
Can owners refuse to renovate or pay fees?
As for the repair, there is no clear indication of this in the law. But according to common sense - apparently, they can. Because this is their property. But what to do in this situation, how the fund will operate, what will happen to their accumulations - these questions have not been worked out in detail.
But, if residents are inactive and do not respond to the proposal to carry out major repairs, then the district administration is authorized to make a decision to carry it out for them. As for contributions, homeowners have no legal grounds for refusing to pay them.
What is the time frame for a proposal for a major overhaul?
In accordance with article 189 of the Housing Code of the Russian Federation not less than six months in advance(unless another period is established by a regulatory legal act of a constituent entity of the Russian Federation) before the onset of the year during which a major overhaul is to be carried out common property in an apartment building in accordance with the regional capital repair program, the person managing the apartment building or the regional operator (if the owners of the premises in the apartment building form a capital repair fund on the account of the regional operator) submits proposals to the owners:
About the start date of the overhaul,
The required list and the scope of services and (or) work, their cost,
On the procedure and sources of financing for the overhaul of common property in an apartment building,
And other proposals related to such a major overhaul.
Owners of premises in an apartment building no later than three months after the receipt of the above proposals are obliged to consider these proposals and make a decision at the general meeting.
By a decision of the general meeting of owners of premises in an apartment building on the overhaul of common property in this apartment building, the following must be determined or approved:
1) a list of overhaul works;
2) estimate of expenses for capital repairs;
3) the timing of the overhaul;
4) sources of financing for capital repairs;
5) a person who, on behalf of all owners of premises in an apartment building, is authorized to participate in the acceptance of completed capital repairs, including signing the relevant acts.
If, within a three-month period, the owners of premises in an apartment building, which form a capital repair fund on the account of a regional operator, did not decide to conduct a major overhaul of common property in this apartment building, the local government decides to carry out such a major overhaul in accordance with the regional overhaul program and proposals of the regional operator.
The procedure for financing the costs of capital repairs of common property in an apartment building
In accordance with Art. 190 of the Housing Code of the Russian Federation, the regional operator provides financing for the overhaul of common property in an apartment building, the owners of the premises in which form a fund for overhaul on the account of the regional operator.
The basis for the transfer of funds by the regional operator under an agreement for the provision of services and (or) the performance of work on the overhaul 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 act of acceptance must be agreed 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 the overhaul of common property in an apartment building is carried out on the basis of the decision of the owners of premises in this apartment building).
A regional operator may pay as an advance no more than thirty percent of the cost of the corresponding type of work on the overhaul of common property in an apartment building, including work on the development of project documentation or certain types of work on overhaul of common property in an apartment building.
The size of the marginal cost of services and (or) work on the overhaul of common property in an apartment building, which can be paid by the regional operator at the expense of the fund for overhaul, formed based on the minimum contribution for overhaul, is determined by the regulatory legal act of the constituent entity of the Russian Federation. The excess of this marginal cost, as well as payment for services and (or) work not specified in part 1 of Article 166 of the Housing Code of the Russian Federation and the regulatory legal act of the constituent entity of the Russian Federation, is carried out at the expense of the owners of premises in an apartment building, paid as a contribution for overhaul in excess of the minimum contribution for major repairs.
State support measures, municipal support for capital repairs
What to do if there is not enough money in the capital repair fund, and the owners of an apartment building have not made a decision to increase the contribution for capital repairs?
In accordance with article 191 of the Housing Code of the Russian Federation, financing of work on the overhaul of common property in apartment buildings, including in apartment buildings that are not subject to inclusion in a regional capital repair program in accordance with a regulatory legal act of a constituent entity of the Russian Federation, can be carried out using financial measures. support at the expense of the federal budget, funds of the budget of the constituent entity of the Russian Federation, the local budget in the manner and on the conditions that are provided, respectively, by federal laws, laws of the constituent entities of the Russian Federation, municipal legal acts.
Measures of state support, municipal support for capital repairs are provided regardless of the method used by the owners of premises in an apartment building to form a capital repair fund.
Quality of work on overhaul of a residential building
The contractor carrying out major repairs of the house must ensure the quality of the work performed, in accordance with building codes and regulations, as well as in accordance with the decree of the State Construction Committee of the Russian Federation of September 27, 2003 No. 170 "On approval of the Rules and regulations for the technical operation of the housing stock."
The named document lists the requirements for the overhaul of residential buildings, as well as specifies the parameters and conditions for the safety of people and the safety of a residential building, which the building structures of this house must meet.
Control over the quality of the work performed should first of all be carried out by the person who has entered into a major overhaul contract (homeowners' association or regional operator). In addition, the authorized state housing and construction control bodies have the right to exercise control.
Housing control service control
The Construction Supervision and Housing Control Service, by article 20 of the RF LC, is authorized to supervise:
the formation of capital repair funds;
activities of the regional operator.
Inspections of the activities of regional operators are carried out at any frequency and without the formation of an annual plan for scheduled inspections. The period for conducting inspections is not limited. Unscheduled inspections of regional operators are carried out without the consent of the prosecutor's office and without prior notification of regional operators about such inspections.
The owner of the special account is obliged to submit to the state housing supervision authority:
Notification of the method of formation of the capital repair fund chosen by the owners of the premises in the corresponding apartment building;
Information on the receipt of contributions for major repairs from the owners of the premises, on the amount of the balance in the special account.
The regional operator is obliged to submit to the Service information about apartment buildings, the owners of the premises in which form capital repair funds on the account, the accounts of the regional operator, as well as about the receipt of contributions for capital repairs from the owners of premises in such apartment buildings.
keeps a register of notifications,
keeps a register of special accounts,
informs the local government and the regional operator about apartment buildings, the owners of the premises in which have not chosen the method of forming capital repair funds and (or) have not implemented it.
provides the information, the collection of which is carried out, to the federal executive body.
Powers of state authorities of the constituent entities of the Russian Federation on issues of overhaul of common property in apartment buildings
In accordance with article 167 of the Housing Code of the Russian Federation, the state authorities of the constituent entity of the Russian Federation adopt regulatory legal acts that are aimed at ensuring timely overhaul of common property in apartment buildings located on the territory of the constituent entity of the Russian Federation, and which:
1) a minimum contribution is established for the overhaul of common property in an apartment building;
2) the procedure for monitoring the technical condition of apartment buildings is established;
3) a regional operator is created, the issue of the formation of its property is resolved, the constituent documents of the regional operator are approved, the procedure for the activity of the regional operator is established;
4) the procedure and conditions for the provision of state support for the overhaul of common property in apartment buildings are approved, including for the provision of guarantees, sureties for loans or loans, if the corresponding 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) the procedure for the preparation and approval of regional programs for the overhaul of common property in apartment buildings is established, as well as the requirements for these programs;
6) the procedure is established 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 the specified persons, and the procedure for providing such information;
7) the procedure is established for the payment by the owner of the special account and (or) the regional operator of the capital repair fund funds to the owners of premises in an apartment building, as well as the procedure for using the capital repair fund funds for the demolition or reconstruction of an apartment building in the cases provided for by this Code;
8) the procedure for exercising control over the targeted spending of funds generated from contributions for major repairs and ensuring the safety of these funds is established.
Problems associated with the implementation of major repairs and maintenance of real estate objects are urgent for the government apparatus and management organizations. The seriousness of the task is due to the increased level of responsibility of citizens for the maintenance of houses and the deterioration of the housing stock. However, first you need to find out what is included in the overhaul.
Overhaul concept
Overhaul is the performance of work aimed at eliminating structural defects in the common property of owners in an apartment building. These activities also include rebuilding or replacing components to improve overall performance.
It is worth knowing that the capital repair fund and other resources are sources of expenses for the restoration work.
In addition to capital, the latter is also a set of measures taken to prevent deterioration of real estate and eliminate minor damage.
Most often, current repairs are planned. Such work is carried out quite often and does not require significant financial costs.
Overhaul Fund
The overhaul fund consists of several elements. That is, it includes a fee for major repairs, interest calculated for the use of finance from a specialized account and paid by the owners for failure to fulfill obligations to transfer payments.
The funds received can be used to solve several problems. For example, to pay for the repair of common property. In addition, money can be used to repay loans for services already provided or to develop project documentation.
If the building is in a state of disrepair, then the funds go to the demolition or reconstruction of the building. At the same time, real estate owners are engaged in solving this issue.
Overhaul contributions
A contribution for major renovations to common properties is to be paid by the owners every month. The amount of such payment is specified in the relevant regulatory document. It should be remembered that such a payment must be made after seven calendar days. It can also start after the publication of a regional program for the implementation of recovery activities. The overhaul contribution is not paid if the building is in an emergency condition.
The amount of such a contribution depends on the number of floors, the period of operation, the amount of work required and affiliation with a particular municipal organization. Also, the owners, based on the results of the general meeting, can increase the entry fee for the overhaul of the common property.
In addition, the authorities should regularly review the size of the minimum payment. This study depends on the level of income of the population and the cost of restoration work. Calculating the amount of the contribution is quite simple. To do this, multiply the total area by the rate specified in the legal act.
List of works
The legislation approved a register of services that are provided at the expense of the existing fund. What is included in the overhaul of an apartment building? In accordance with the decree, the maintenance of the house includes a technical inspection of the premises and its elements, preparation for the operation of the building in different periods of the year and the provision of additional services. Overhaul works cover the replacement of internal communications, for example, water supply, heating systems, and more. In addition, this includes checking the elevator equipment, roof, basement and façade.
However, there are some additions. In particular, measures are being taken to insulate walls, equip a ventilation system and install meters.
Roof repair
Is it possible to save money?
Funds for the formation of the fund may come from other sources. Moreover, the money received is spent both on the payment of existing debts and on financing additional work.
Other sources include funds received for the lease of non-residential premises and the placement of advertising structures. In this case, the intermediary has the right to make discounts on payments, for example, to pensioners, veterans.
Quality of work
The organization that carries out the restoration work is obliged to ensure their quality in accordance with the established requirements and rules.
The corresponding agreement defines the norms for the implementation of major repairs and safety indicators that the building floors must meet.
Monitoring the progress of the work falls on the shoulders of the regional operator or the partnership of owners. Also, government agencies can be participants in this process. Such a service undertakes to maintain a list of notifications and special accounts, provide the necessary information and report on the progress of events.
Conclusion
Having learned what is included in the overhaul of an apartment building, we can draw some conclusions. For example, a capital repair fund is formed at the expense of finances received from the owners. The frequency of such work depends on the period of use of the materials. In particular, the service life of a slate roof is thirty years, and a cast-iron pipeline is forty. Contributions to the relevant fund are required. Whether to pay for major repairs is decided directly by the owner of the property. However, it should be remembered that non-payment of contributions will result in interest accrual and litigation.
