Do cooperative apartments have to pay for overhaul. Major repairs in a cooperative house. What is a major overhaul in an apartment building
If there is a line about the repair, then the payment is required. If there is no information, then the owner of the premises is not responsible for non-payment of contributions. The home may not be included in the regional recovery program. Do I need to pay overhaul fees in this case? Residents do not have to pay for the overhaul, if the corresponding invoice has not arrived. Russians can find out about the need for payment and the amount of the contribution for major repairs via the Internet. You should go to the site dedicated to the reform of housing and communal services and find the corresponding regional program. There you can also find out how to pay for major repairs via the Internet in your region by searching here. Debts are formed if you do not pay.
Overhaul in a cooperative house
Protecting Your Rights is our job! Legal advice Until this moment, the owners deposit funds according to the previous scheme, and after its adoption, they will have to pay in a new way. According to the old procedure, the decision to overhaul the house is made at the general meeting of the owners.
They decide for themselves whether to raise money only for specific jobs or to form a certain capital and spend it as problems arise. In the new order, the situation is different. Overhaul of the cooperative house “According to Art.
16 of the Law of the Russian Federation "On the Privatization of the Housing Stock in the Russian Federation" privatization of residential premises occupied by citizens in houses requiring 03.02.2012 Good afternoon! In an apartment building of the 80s. built from November 2012 problems with the supply of hot water (due to the lack of filters in the boiler, the pipes are slagged).
Is it legal to charge a fee for a major renovation of apartment buildings?
But the owner can be the residents themselves, or maybe the state or department. In this case, the owners also pay, that is, not the tenants, but, accordingly, the state or department.
Well, what about cooperative houses? In cooperative houses, the owner of the house is the cooperative, that is, the legally registered community of residents that built this house. Consequently, the tenants - members of the cooperative - are the share owners of this house.
The key word here is owner. Since the house is owned by the tenants, therefore, they make deductions for the capital repairs from their own funds.
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The cooperative house is obliged to pay for a thorough renovation. question number No. 7534368 read 450 times Urgent legal advice 8 800 505-91-11 free of charge
- Any apartment building is obliged to pay for the cap. repair Yours faithfully M. Sharova Personal consultation You helped me a lot, thank you!
Do you have an answer to this question? You can leave it by clicking on the Answer button. Similar questions We pay for a thorough repair on a monthly basis, but it is not known when this repair will take place whether it is possible not to pay.
We bought an apartment in a new house in Ipateka and the house is under warranty and we have to pay for a thorough renovation. If our house is going to be demolished and we are relocated in 2017, are we obliged to pay for major repairs? Can you please tell me if we are obliged to pay for a major overhaul.
If the house was commissioned in 2013
To pay or not to overhaul apartment buildings in 2018
Home / Articles / Housing law How to pay for overhaul? Is it possible to refuse payment for major repairs if we live in a cooperative house (apartment is owned)? Overhaul is not required, since all work has been done. You still need to pay. Since the beginning of this year, the procedure for capital repairs of apartment buildings has been changed.
Now each region adopts its own program. Until this moment, the owners deposit funds according to the previous scheme, and after its adoption, they will have to pay in a new way.
According to the old procedure, the decision to overhaul the house is made at the general meeting of the owners. They decide for themselves whether to raise money only for specific jobs or to form a certain capital and spend it as problems arise. In the new order, the situation is different.
Contributions for overhaul of houses: the procedure for calculating and paying
Moscow plans to provide subsidies to HOAs, housing cooperatives and other specialized consumer cooperatives, as well as management organizations for the overhaul of the common property of owners of residential premises in apartment buildings. Subsidies are provided by the Department of Capital Repair in order to co-finance the costs of capital repairs of common property in apartment buildings, development of project documentation, examination of project documentation, implementation of technical supervision, architectural supervision.
Attention
Obligatory overhaul of a house: how not to pay to anywhere The interview given to Kommersant by Andrey Chibis, head of the working group on the development of housing and communal services of the Expert Council under the Government of the Russian Federation, will help to clarify the situation. According to the official, about 85% of the apartment stock in Russia is owned, the rest is non-privatized and departmental apartments.
You can raise money, find workers and organize restoration work at home on your own in order to:
- figure out what is provided for non-payment of fees for repair work;
- understand where the money is going;
- avoid the appearance of penalties for major repairs.
In this situation, there is no need to find out if there is, and where to look at the debt for major repairs. The resulting debts The accrual of interest for the debt begins from the moment when the next payment is revealed to be unpaid.
Info
It is not difficult to figure out how a penalty is charged for arising debts. If you do not pay, they begin to accrue interest in the following order: 1/300 of the refinancing rate is charged on the amount of debt every day.
Where can you find out the debt for major repairs? The incoming invoices allow you to check the arrears, they contain information about the payment for the capital recovery fee.
How is a major overhaul in a cooperative house accrued
The law on contributions for major repairs is intended to develop a mechanism for maintaining the normal condition of residential buildings. Overhaul payments are calculated based on the size of a private apartment.
In Moscow, in 2015, payments for capital repairs are carried out at the level of 15 rubles / m2. This is the minimum payment for a major overhaul. From what month do Muscovites pay for major repairs? The procedure for charging fees for major repairs started working in July 2015.
The law on the need to pay fees for major repairs gained force from the moment of publication. But in the receipts the line “contributions for overhaul” was included in 2015.
Powers of local authorities Legislation stipulates that the regions develop and adopt regulations governing the procedure for overhaul of an apartment building.
This does not apply to those tenants who remain in arrears for major repairs. There is no need to argue whether it is legal to collect money for overhaul in high-rise buildings, because the legality of the requirement is confirmed by Federal Law 271. All homeowners must pay for overhaul. They have a right to know how the overhaul fee is calculated. Overhaul fee: the area of the occupied premises is multiplied by the established tariff. The bill is paid within the time frame established for payment for the use of any other utility service. The receipt confirms the payment. Some are wondering when the contributions for the restoration of the housing stock will be canceled.
Hello dear visitors. I live in a multi-apartment cooperative building and the issue of major repairs is a topic of conversation for our tenants. Everyone has their own considerations on this issue and everyone acts to the extent of their own understanding of what is happening. Someone simply receives receipts and, without any doubt about the correctness of the actions, goes and pays for them. Someone is talking about where to accumulate funds, with a "regional operator" or fix an account for their home. There are arguments about whether it is worth paying anywhere at all, if the repair can be done on your own, save up on your own, choose a contractor yourself and other discussions on the topic of overhaul.
Below is an explanation of the concepts and some data regarding the overhaul program that will help you navigate on your own in this matter.
What is a major overhaul in an apartment building?
Article 7.
- For the purposes of this Federal Law, a fund is recognized as a non-profit organization without membership established by citizens and (or) legal entities on the basis of voluntary property contributions and pursuing social, charitable, cultural, educational or other socially useful purposes. The property transferred to the foundation by its founders (founder) is the property of the foundation. The founders are not liable for the obligations of the foundation they created, and the foundation is not responsible for the obligations of its founders.
- The foundation uses the property for the purposes determined by the charter of the foundation. The foundation has the right to engage in entrepreneurial activities that meet these goals and are necessary to achieve socially useful goals for which the foundation was created. In order to carry out entrepreneurial activities, foundations have the right to create economic companies or participate in them. The foundation is obliged to publish annually reports on the use of its property.
- The board of trustees of the foundation is the body of the foundation and oversees the activities of the foundation, the adoption of decisions by other bodies of the foundation and ensuring their implementation, the use of the foundation's resources, and the foundation's compliance with legislation.
- The Board of Trustees of the Foundation operates on a voluntary basis. The procedure for the formation and operation of the fund's board of trustees is determined by the charter of the fund, approved by its founders. The specifics of the creation and operation of certain types of funds and their management may be established by federal laws on such funds.
(Clause 4 introduced by Federalby law dated 13.05.2008 N 68-FZ; as amended by Federalthe law from 13.07.2015 N 225-FZ)
(see text in previous edition)
Accordingly, when it comes to The Foundation Overhaul, it is a non-profit organization whose purpose is to carry out overhaul work, and the fund is financed on the basis of voluntary contributions from citizens. And no one has any obligations to anyone.
Where's the money?
Now let's figure it out: let us pay receipts for the overhaul and hope that the conscientious founders of the fund will still allocate our funds to us to carry out some work, and we want to know how much our house or apartment has accumulated over a certain period of time? How much money is there in the fund? What is the financial condition of the organization itself? Who do we pay at all? And today the electronic reporting system for legal entities and individuals SBISS will help us in this. First, let's look at the receipt for the KR and determine the payee and his OGRN (Primary Taxpayer Registration Number)
Here we see a very cleverly drawn up receipt, in which the "Recipient" column is not signed, but the details of the "Recipient" of the payment are there. We look at the lower part of the receipt, upper column: FKR of the city of Moscow (l / s 3781464000452018, address: 101000, Moscow, Maroseyka st., 11/4, INN 7701090559; KPP 770101001; PSRN 1157700003230
Further, there is a sub-account open for fundraising for a specific area, here it is the housing and communal services of the Orekhovo-Borisovo Yuzhnoye district with his personal details. That is, when paying for this receipt, the money goes to the FCR of the city of Moscow, but with a mark for which district or house.
Now let's see, who is this "FKR of the city of Moscow" PSRN 1157700003230? Whom do we pay money to? Open the page of the legal entity... Have you looked? No comment ... You can find information on the Internet in open sources about who Artur Lvovich Keskinov, who is the general director of the FKR, is. Let's not get personal.
Justification of the idea of overhaul
Over time, any residential facility, with rare exceptions, needs major repairs. But all residential real estate cannot be customized to fit the same frame. Houses of different ages and conditions, the management of houses is carried out either by the HOA / ZhSK or this is municipal housing. One house is home to 1000 people in another 50. Each category of housing should have its own individual solutions for major repairs. For example, in apartment buildings managed by HOAs and housing cooperatives, residents can save money for a specific type of work on their own, on their own account and independently resolve issues on any repairs to their houses. Municipalities must group buildings and draw up a payment plan for each house, according to an individual repair plan. In general, you need to independently participate in solving these issues, otherwise these issues will be decided by someone else and not necessarily in your favor, for example, as happened with the characters in the video below.
Below is a diagram of tariffs for major repairs by cities of the Russian Federation for 2015-2016:
Interesting billing. So what influences the rate? Can anyone have any ideas on this question? Of course have. We bring to your attention the expert's explanations:
Finally
It is clear that sooner or later housing will need to be repaired and financing will fall on the shoulders of the residents of these objects, but you pay money and do not demand any obligations in return. You are supplied with electricity and water to your apartment - you pay according to the meter, spent-paid. You decided to install windows / doors - you entered into a contract, signed, you paid, you were installed. Everything is regulated by the contract, which has specific conditions. And for a major overhaul? What are they selling to you for this money? Can you formulate it specifically? "This is how much I paid for this and that"? What will happen as a result and who will do it for you? No commitment. This was the beginning of our article about what a fund is, and the fund will not break anything if it spends all the money on "zilch", he did not agree with you about anything and there is no one to make claims to.
So, dear readers, here's food for thought, draw your own conclusions. Delve into the essence of where and who is pulling you in and what the "valiant" would-be managers from TV screens offer you.
- About overhaul fees
The Housing Code of the Russian Federation places the burden of maintaining common property in an apartment building on the owner of the premises.
According to article 158 of the Housing Code of the Russian Federation, the owner of the premises in an apartment building is obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining common property in an apartment building in proportion to his share in the right of common ownership of this property by making payments for the maintenance and repair of a residential building. premises. 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. Upon the transfer of ownership of the premises in an apartment building, the obligation of the previous owner to pay the costs of capital repairs of the apartment building is transferred to the new owner.
Despite the legislative consolidation of the moment from which the owner is obliged to pay for capital repairs, numerous problems faced by tenants are associated with the legal grounds for establishing payments for major repairs for the owners of a particular house, which depend on the method of managing an apartment building.
So, the amount of compulsory payments and (or) contributions related to the payment of expenses for the maintenance and repair of common property for owners of premises who are members of an association of homeowners, housing, housing construction or other specialized consumer cooperatives, as well as the amount of payment for the maintenance and repair of living quarters for owners of premises who are not members of these organizations, determined by the governing bodies homeowners' associations or governing bodies of a housing, housing construction or other specialized consumer cooperative on the basis of estimates of income and expenses for the maintenance of common property approved by the governing bodies for the corresponding year.
In the case of servicing an apartment building by a management company, the amount of payment for the overhaul of an apartment building in accordance with paragraph 1 of part 2 of article 44 and part 2 of article 158 of the Housing Code of the Russian Federation (hereinafter - the Code) established by the decision of the general meeting of owners of premises in an apartment building taking into account the proposals of the managing organization on the timing of the start of the overhaul, the required amount of work, the cost of materials, the procedure for financing the repair, the timing of reimbursement of expenses and other proposals related to the conditions for the overhaul.
Levying payment for overhaul by management companies in the absence of such a decision is illegal.
In case of direct management in an apartment building, the amount of payment for major repairs is adopted at the general meeting of owners of premises.
If the owners of the premises have not decided on the method of managing the apartment building the amount of payment for major repairs is established by local government bodies in accordance with paragraph 34 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of 13.08.2006 No. 491, based on the results of an open tender held in the manner prescribed by the Rules for an open competition by a local government body for the selection of a management organization for managing an apartment building, approved by Decree of the Government of the Russian Federation of 06.02.2006 No. 75. In this case, the payment for overhaul is set as part of the payment for the maintenance and repair of the residential premises equal to the amount of the payment for the maintenance and repair of the residential premises specified in the tender documentation for an apartment building.
In accordance with the clarifications of the Ministry of Regional Development of the Russian Federation in a letter dated 05.03.2009 No. 6091-AD / 14, the establishment of the amount of payment for major repairs by local authorities is not allowed for apartment buildings:
a) the owners of the premises in which they did not make a decision at their general meeting to carry out a major overhaul of apartment buildings;
b) in respect of which local governments, in accordance with the Decree of the Government of the Russian Federation of 06.02.2006 No. 75, did not hold open tenders for the selection of a management organization for the management of apartment buildings or in the list of mandatory services and works for the maintenance and repair of common property specified in the tender documentation owners of premises in an apartment building, which is the object of the tender, there are no capital repairs of apartment buildings.
Before the entry into force of the Housing Code of the Russian Federation, payment for major repairs was included in the structure of payments of the owner, regardless of the timing of the major repairs and the actual cost of the work performed.
The current housing legislation is based on the fact that the costs of major repairs of common property in an apartment building should be determined individually for each house. Cap. repairs will have to be paid, but before paying, carefully understand the payment scheme, what and for what they take. But you need to read the Resolution of the city (settlement) administration if you do not agree. contact the prosecutor's office, they will check the document for legality and if violations are detected. will take measures of the prosecutor's response.
We have somehow got used to the fact that winter comes unexpectedly in December. That she can return in April, exactly between two spring subbotniks, apparently still has to get used to. Global warming, what can you do ...
There is one more reality to which we are not yet accustomed either, but it enters our homes inevitably, inevitably and forever. It enters through mailboxes, from which once a month we get receipts for payment of housing and communal services: for an apartment, for electricity, gas (who has it), heat, water, telephone, etc.
From July, there will be another article in these receipts: for overhaul.
We will always pay for this. Both our children and grandchildren, if the Housing Code does not change before the grandchildren. And it says: the owner of the home pays for the overhaul.
Will all residents pay for major repairs or are there exceptions?
The owner pays for the overhaul. There are no exceptions to this rule.
But the owner can be the residents themselves, or maybe the state or department. In this case, the owners also pay, that is, not the tenants, but, accordingly, the state or department.
Well, what about cooperative houses?
In cooperative houses, the owner of the house is the cooperative, that is, the legally registered community of residents that built this house. Consequently, the tenants - members of the cooperative - are the share owners of this house. The key word here is owner. Since the house is owned by the tenants, therefore, they make deductions for the capital repairs from their own funds.
However, we will not greatly upset the residents - the owners of apartments (cooperative, privatized or acquired into ownership on the commercial real estate market): this column will not be very burdensome.
Recall that the amount of deductions for major repairs was calculated not only from the cost of work to be done as part of this repair, but also from the principle that the total amount of utility bills should not exceed 10% of the average family income.