Basement and cellar construction
Can owners refuse major renovations? How to avoid paying for major repairs legally? Application sent successfully

Can owners refuse major renovations? How to avoid paying for major repairs legally? Application sent successfully

One wonderful person (I will not give his full name, status, position and affiliation with government bodies) sent me a sample application, the submission of which eliminates all questions regarding payments to someone for some mythical major repairs.
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A sample is shown below:

General Director of the Fund "Regional operator of capital repairs of common property in apartment buildings in the Chelyabinsk region"

Borisov Vadim Borisovich

454020, Chelyabinsk, st. Obraztsova, 7.

owner of premises No. _, at the address:

454012, Chelyabinsk, ______.

Statement

on refusal to enter into an agreement with a specialized non-profit organization - the “Regional operator of capital repairs of common property in apartment buildings in the Chelyabinsk region” fund on the formation of a fund for capital repairs of common property in an apartment building and on the organization of capital repairs.

In accordance with Article 7 of the Federal Law of January 12, 1996 No. 7 - Federal Law “On Non-Profit Organizations”, for the purposes of this Federal Law, a fund is recognized as a non-profit organization that does not have membership, established by citizens and (or) legal entities on the basis of voluntary property contributions and pursuing social, charitable, cultural, educational or other socially beneficial 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 fund they created, and the fund is not liable for the obligations of its founders.

According to the Law of the Chelyabinsk Region dated June 27, 2013 No. 512-ZO “On the organization of capital repairs of common property in apartment buildings in the Chelyabinsk Region,” the founder of the “Regional Fund” is the Government of the Chelyabinsk Region, which decided to create a non-profit organization “Regional operator of capital repairs of common property in apartment buildings in the Chelyabinsk region" (hereinafter referred to as the fund) in order to form a long-term system of capital repairs of apartment buildings in the Chelyabinsk region.

I am the owner of premises No. _ in house No. _ on _____ in the city of Chelyabinsk, Chelyabinsk region, but I am not the founder of the “Regional Fund”. I am also not the owner of real estate common property, because... The certificate of ownership of the apartment at the specified address issued to me does not indicate my right to dispose of and bear the burden of ownership of a share of the common home property, which was not transferred to me and was not assigned to me.

In the apartment building in which the premises belong to me by right of ownership are located, there was no general meeting of the owners of the premises on the entry of the owners of the premises into the public association “Regional Operator of Major Repairs of Common Property in Apartment Buildings in the Chelyabinsk Region”. At the same time, Article 6 of the Federal Law of May 19, 1995 No. 82-FZ “On Public Associations” states: members of a public association are individuals and legal entities - public associations whose interest is in jointly solving the problems of this association in accordance with the norms of its charter is drawn up with appropriate individual statements or documents that allow taking into account the number of members of a public association in order to ensure their equality as members of this association. Members of a public association - individuals and legal entities - have equal rights and bear equal responsibilities.

Consequently, presenting me with receipts for payment of contributions to the “Regional Fund” is an illegal action, because I did not apply to you to join your public association. Also, I did not provide you with my personal data, as well as permission to use them, including those set out in the receipt presented to me.

Clause 1.1 part 2 art. 44 of the Housing Code of the Russian Federation, making decisions on the choice of method for forming a capital repair fund and the amount of contribution for capital repairs is the right and responsibility only of the general meeting of owners of the premises of the house. This right of owners is enshrined, among other things, in Part 2 of Article 35 of the Constitution of the Russian Federation. Article 421 of the Civil Code of the Russian Federation enshrines the right to freedom of contract, including the right of each party to participate in contractual relations or not to participate.

Also, to clarify my position, I would like to draw your attention to the fact that, by virtue of Part 2 of Art. 432 of the Civil Code of the Russian Federation, the “Draft Agreement” sent to me should be considered only a proposal to conclude an agreement with you (i.e., an offer).

However, based on the meaning of Art. Art. 160, 426, 432 and 435 of the Civil Code of the Russian Federation, the offer must meet the following requirements:

The offer must be sufficiently definite for its addressee to be able to draw a correct conclusion about the will of the offeror (paragraph 1, part 1, article 432 of the Civil Code of the Russian Federation);

The offer must express the intention of the offeror to consider himself obliged to conclude the contract proposed by him in the event of its acceptance (Part 2 of Article 432 of the Civil Code of the Russian Federation);

The offer must contain all the essential terms of the agreement, which include conditions on the subject of the agreement, conditions recognized by law or other legal acts as essential, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached (paragraph 2, part 2). 1, Article 432 of the Civil Code of the Russian Federation).

Any offer, with the exception of a public one, must clearly identify its addressee.

The draft agreement sent by the Regional Fund for the Capital Repair of Apartment Buildings in the Chelyabinsk Region is not public due to Art. 426 of the Civil Code of the Russian Federation, therefore, cannot be recognized as a public offer. The offer must be signed by the offeror and sent to the other party (Part 1 of Article 160, Article 435 of the Civil Code of the Russian Federation, conditions of business custom). The “Draft Agreement” sent to the “Regional Operator for Major Repairs of Common Property in Apartment Buildings in the Chelyabinsk Region,” which in its essence is an offer to conclude an agreement, does not meet any of the above requirements of the legislation of the Russian Federation.

I would like to note the practice of the European Court of Human Rights. There is a decision of the European Court in the case of Van Marle v. the Netherlands (1986), in which the Court recognized that the obligations of the State to carry out any work in the interests of citizens are property in the sense of the concepts laid down in Article 1 of Protocol No. 1. Translated into simple language, this means “the obligations of the state to a citizen are equal to the citizen’s property in this amount,” and according to Article 1 of Protocol No. 1 of the European Convention, “No one may be arbitrarily deprived of property, this can only happen in the interests of society and on conditions provided for by law and the general principles of international law.” This means that no one can be deprived of the right to receive from the state major repairs of a house in which a citizen has a privatized apartment.

Decisions of the European Court are also binding for Russia by virtue of Part 4 of Art. 15 of the Constitution of the Russian Federation, which proclaims the principle of priority application of norms contained in international treaties: Generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty apply.

The Housing Code (Part 5 of Article 155, Parts 2 and 3 of Article 158) imposes payment for major repairs on the owners of premises. But, according to the law, the norms of the Housing Code of the Russian Federation cannot in any way be given greater legal force in comparison with the Constitution of the Russian Federation or international law. This means that the provisions of the national law that impose the obligation on the owners of residential premises to pay for major repairs of privatized housing are not subject to application.

In accordance with Art. Art. 54, 55, 56, 56 of the Constitution of the Russian Federation in the Russian Federation laws should not be issued that abolish or diminish the rights and freedoms of man and citizen. The above law worsens my situation and is not retroactive. This position is expressed in the ruling of the Supreme Court of the Russian Federation No. 57-APG14-2 dated June 4, 2014.

Based on the foregoing, I, _____, as the owner of the premises, notify you that I refuse to conclude the agreement you proposed and ask you to voluntarily stop presenting receipts to my address for paying contributions to your public organization.

Sincerely,

citizen of the Russian Federation Date / Signature

For non-Chelyabinsk residents, the details, of course, must be replaced with local ones.

The legislation of the Russian Federation provides for the allocation of financial costs for major repairs of multi-storey buildings. This procedure takes place periodically, after a certain time. However, some residents do not want major repairs to be carried out in their home and write a statement of refusal. Many people are interested in the question of how to refuse major repairs of an apartment building.

Features of major repairs. Reasons for refusal

So, what do workers work on during the overhaul procedure:

diagnose the general structure of the house;
repair and strengthen the foundation;
check the quality and condition of the walls, restore them if necessary;
replace old partitions with new ones;
inspect and replace heating or water supply systems;
additional services related to the internal and external condition of the house.

These actions are carried out only if there is an agreement with the authorized company and the residents of the house. This requires written consent from all residents.

According to the law, the owner of the apartment who has put forward his protest is protected at the legislative level and no one should force him to change his decision.

Every protest must be documented. The application for refusal is accepted by the management organization after the signature of the tenant himself. The owner can write a statement in a form convenient for him, without explaining the reason. The document acquires legal force and must be taken into account when carrying out major repairs. However, it does not give a visible result, since in most cases repairs are still carried out. At this time, the owner, being in his apartment, has no right to interfere with repair work in his house and express his dissatisfaction.

Before abandoning a major overhaul, you need to consider that difficulties will arise with your own technical equipment. This is due to the fact that the workers have already replaced all the old equipment, and only he has the old one. In this case, no claims of the tenant are relevant, because he has already signed a certificate of refusal. Experts recommend carefully weighing the pros and cons, and only then making a final decision.

How to write a refusal letter?

Each resident of an apartment building has all the rights to draw up an official application for refusal of major repairs. In this case, an employee of the management company provides him with ready-made forms that should be studied and signed.

However, such a decision can bring a lot of problems to the owner, increasing the number of fees for restoration. The contract may contain clauses that impose financial obligations on it. The previous equipment may fail, then the owner will have to independently repair all the breakdowns and pay the costs. Most often this starts from replacing risers, water supply systems, to minor repairs. The management company disclaims all obligations for restoration in his apartment, because the owner chose to abandon this procedure.

The owner may demand changes to undesirable items and write a statement in a different form. For each tenant who decides to refuse the management company to carry out repair work, a separate sample agreement is provided.

It is advisable that the application indicate clear coordinates of the owner and management company (location address, full name, telephone number, initials of the manager).

You can refuse both a complex of capital works and individual procedures. The application must indicate exactly what events the owner does not want to carry out in his apartment. If, for example, the owner of a residential apartment building only wants to replace the water supply riser, but refuses other repair actions, then these factors must be specified in the contract.

The management of the management company does not have the right to demand that the owner refuse the entire range of repair work. Otherwise, the latter can go to court and, if filed correctly, he has every chance of succeeding in the lawsuit. Any tenant who is forced to cancel the refusal to overhaul an apartment building can file a lawsuit. According to the law of the Russian Federation, owners of an apartment building must monitor the condition of their housing. Each house has its own capital repair fund, in which all residents should not evade paying payments. If one of the owners does not pay, he will most likely receive a fine. It is because of this that some residents began to think about canceling such events. If the owner previously canceled the proposal for major repairs, and then changed his mind, he can count on help. This will be the right decision, because if the risers are replaced, the water supply may suffer. It will not be possible to speed up such a problem quickly, nor will it be possible to avoid paying for damages.

Apartment owners have the legal right to refuse contributions for major repairs. Let's consider cases in which these actions have legal force:

the house is owned by the municipality;
there are no documented checks or receipts obliging payment;
the building has been in use for less than 10 years;
the emergency condition of the house, in this case, carrying out major repairs can aggravate the current situation;
if among the owners there are war veterans or disabled people.

These points exempt from payment of payment for the repair of apartment buildings.

Consequences of failure

A citizen who expressed his protest about major repairs bears a certain responsibility. Most often, meetings of owners are held first. At a meeting of the general meeting, the issue of carrying out repair work and adding funds to the apartment building fund is decided.

Anyone who wishes to express his refusal must provide compelling arguments in this regard. This is a requirement of the RF Housing Code law. However, employees of the management company have no rights to the territory of the apartment owner without his permission.

It is in the owner's interest to allow workers into his home. After all, work most often arises related to the replacement of risers. If workers do not get into the apartment, they will not be able to replace old equipment, which will soon require repairs. By refusing major repairs, the owner may be faced with a lack of water or heat supply.

However, this is not all the difficulties that a simple refusal can entail. If old pipes are replaced with new ones, an emergency situation arises. In the entire multi-storey building there will be only one apartment, because of which everything will happen. Then the owner whose home has not been repaired becomes the culprit of the emergency.

In addition, in the event of an accident, residents who refuse major repairs are obliged to compensate for the damage in full, as well as to eliminate the problem with their own means. This point should be given special attention, because you can be left not only without new equipment, but also without your own money.

Additional application details

You can not only refuse major repairs, but also certain procedures. To do this, it is worth correcting only the basis of the appeal.

Here are examples of such statements:

providing the possibility of partial repayment of payments;
change in the amount of contributions;
change of owner data;
revision of the estimate.

Before writing a letter or statement of refusal, it is necessary to study the terms of the law. Not every letter will be considered, much less accepted. For a positive answer, reliable evidence or violation of property rights must be provided.

Contents of the disclaimer

No refusal will be taken into account unless it is officially confirmed. The document has two copies. One sample for the administration and another for the management company.

When writing an application, you must indicate the details of the applicant (or several persons) and the reasons why the tenant refuses repair services. The reason for such a decision need not be stated; otherwise, specific facts can be referred to. The document must be dated and signed by the applicant at the end.

There is no time limit for filing such applications. This mainly occurs when the owner, while paying the dues, has noticed significant reasons for doing so. A complaint to special authorities may affect the return of payments already paid.

Experts recommend carefully reading all payment documents. And after paying the first receipt, stop paying out funds. In this case, you can protect yourself from the attention of law enforcement officers and get rid of fines. If residents wrote a statement to the housing and communal services, but no response was received, then they can seek justice in court.

Collective refusal

In general, a letter of refusal for major repairs in an apartment building is decided at a general meeting of residents. If all owners protest against these procedures, then no repairs will take place. Here you need to write one general statement about the refusal to invest funds in the MKD fund. You need to find a sample document on the Internet or at a notary office and fill out all the points correctly. In addition, the letter must contain the signatures of all owners.

Let's consider a current example of the following situation. If the general meeting decided to refuse major work in the house, but the residents have already managed to pay all the bills?

To speed up these events, you must choose one of two options:

The reason for the refusal was the fact that the building of the house was erected quite recently and does not require restoration. Or vice versa, the house is considered unsafe. Then all payments remain in the account of the management company; if problems arise, they will still be used.
If all owners draw up a collective appeal, indicating the reasons for refusing major repairs and a request to return all funds. It takes about a month to make a decision, only then the fund returns the money back.

Conclusion

Every owner can write an application for major home repairs. It is up to everyone to decide whether to agree to carry out a major overhaul or not. However, before you do anything, you need to think carefully about the consequences. Negative results may include: self-compensation for damage, breakdown of your own equipment, fines and taxes. If some equipment in the house has already been replaced, then it will be difficult to achieve the same from the owner who previously protested. However, it is not always worth abandoning such a step; there are situations when this is the only correct decision.

1. How to refuse major repairs in an apartment building?

1.1. There is no way to refuse this service.

2. Do I have the right to refuse to replace heating risers as part of a major overhaul?

2.1. Good evening.
You do not have the right to refuse to replace heating risers, since heating risers belong to common property and their repairs are carried out at the expense of the management company or the HOA.

3. Is it possible to refuse major repairs?

3.1. If you are the owner of an apartment in a multi-apartment building, you are required to pay contributions for major repairs. This is provided by law.

3.2. Hello! If you are the owner of residential or non-residential premises in an apartment building, you are required to pay contributions for major repairs. You can't refuse.

3.3. Hello Angela! Contributions for major repairs are mandatory, payment benefits are provided for the following categories: 1. persons over 70 years of age (50% discount) and pensioners over 80 years of age (100%) if they do not work, are single, or all family members are non-working pensioners and not having debts to pay for housing and communal services, and housing meets social standards; 2.large families; 3. persons with disabilities and families with disabled children; To apply for a discount, you must contact the social security department (the law provides for the return of the amount paid, which does not relieve you from the obligation to pay receipts on time). Best regards, Stanislav Pichuev.

3.4. No, Angela, you cannot refuse to pay contributions for major repairs if you own the apartment
Good luck to you. Anna Titova.

3.5. You can't refuse it. The Constitutional Court put an end to this issue. he recognized the legality of cathedral contributions for major repairs.

4. I am 71 years old, how can I refuse to pay for major repairs?

4.1. You too. They answered you.

5. Is it possible to refuse to pay for major repairs in an apartment building?

5.1. Good afternoon, no, it's impossible. Everyone must pay.

6. How to competently refuse to pay for major repairs?

6.1. Hello.
No way to refuse

6.2. It’s like an obligation to pay utility bills, so you can’t refuse. Unless you are a single pensioner over 80 years old.

7. Is it possible to refuse major repairs and not pay?

7.1. The obligation to make contributions for major repairs applies to all owners of premises in an apartment building - apartment owners and owners of non-residential premises, citizens, legal entities, owners of municipal and state premises. The contribution for major repairs is included in the structure of payments for residential premises and utilities (Part 2 of Article 154 of the Housing Code). Such a contribution has become part of the rent; it cannot be excluded by the owner individually, or not paid extra for his own personal reasons.

8. The management company refused to service apartment buildings in the village. For several years there has been no management company in the village. The village administration does not take measures to attract the Management Company. Do the responsibilities of the management company shift to the rural administration and is it obliged to represent the interests of residents before the regional operator regarding the priority of major repairs? Do residents receive receipts for payment of fees to the registrar?

9. How can I refuse to pay for major repairs? I did not sign any agreement with them.

9.1. Hello! You can’t, payment for major repairs is provided for by law - Housing Code of the Russian Federation.

10. Is it possible to refuse services from a region? Waste removal operator, and conclude an agreement without any intermediaries, which is a regional operator, directly with a company engaged in this activity? They did just that with the overhaul, refused the services of the regional operator, opened their account at the mkd, the money is now under control.

10.1. Is it possible to refuse services from a region? Waste removal operator, and conclude an agreement without any intermediaries, which is a regional operator, directly with a company engaged in this activity?

It is forbidden.

The contract for the removal of MSW is concluded by consumers of the service only with the regional operator for the management of MSW in the relevant territory.

Ordinary operators will not enter into an agreement for the removal of MSW directly with the consumer of the service, because this is the basis for imposing an administrative fine on them and depriving them of a license to engage in this type of activity.

Base: Housing Code of the Russian Federation, Federal Law "On Production and Consumption Waste", Decree of the Government of the Russian Federation dated 05/06/2011 No. 354.

10.2. No, the whole country is buzzing about this, and you just woke up
"Housing Code of the Russian Federation" dated December 29, 2004 N 188-FZ (as amended on January 22, 2019)
"" Housing Code of the Russian Federation Article 157.2. Provision of public services by a resource supplying organization, a regional operator for the management of municipal solid waste
(introduced by Federal Law dated April 3, 2018 N 59-FZ)

""1. When managing an apartment building by a management organization, a homeowners' association or a housing cooperative or other specialized consumer cooperative, utilities are provided to the owners of premises in the apartment building and to tenants of residential premises under social tenancy agreements or rental agreements for residential premises of the state or municipal housing stock in a given building (hereinafter in this article - owners and users of premises in an apartment building) are provided by a resource supply organization, a regional operator for the management of solid municipal waste in accordance with an agreement concluded with each owner of premises in an apartment building, acting on his own behalf, containing provisions on the provision of utility services, an agreement for provision of services for the management of municipal solid waste in the following cases:
ConsultantPlus: note.
On the responsibility of the management organization, homeowners association, cooperative in the event of submission of payment documents for payment of utility bills for the period after termination of the contract in the cases provided for in paragraphs. 1 and 2 hours 1 tbsp. 157.2, see Part 5 of Art. 3 Federal Law dated April 3, 2018 N 59-FZ.
""1) when the general meeting of owners of premises in an apartment building makes a decision provided for in paragraph 4.4 of part 2 of Article 44 of this Code;
""2) upon termination of contracts in accordance with the requirements established by the Government of the Russian Federation, between the management organization, homeowners' association or housing cooperative or other specialized consumer cooperative (hereinafter in this article - the person managing the apartment building) and the resource supplying organization, regional operator for the management of municipal solid waste, respectively, contracts for cold and hot water supply, sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating) regarding the supply of communal resources in order to provide the appropriate utility service to the owners and users of premises in an apartment building (hereinafter also referred to as the resource supply agreement), an agreement for the provision of services for the management of municipal solid waste due to the unilateral refusal of the resource supply organization, the regional operator for the management of municipal solid waste from the execution of the resource supply agreement, an agreement for the provision of services for the management of municipal solid waste on the basis provided for in Part 2 of this article;
3) if an agreement has been concluded between the owners of premises in an apartment building and a resource supplying organization, a regional operator for the management of solid municipal waste, containing provisions for the provision of public services, an agreement for the provision of services for the management of solid municipal waste based on a decision of the general meeting of owners of premises in an apartment building house on maintaining the procedure for the provision of utilities and payments for utilities when changing the method of managing an apartment building or on choosing a management organization.
""2. A resource supplying organization, a regional operator for the management of municipal solid waste has the right to unilaterally refuse to execute a resource supply agreement concluded with the person managing the apartment building, an agreement for the provision of services for the management of solid municipal waste if the person managing the apartment building has debt recognized by him or confirmed by a judicial act that has entered into legal force to a resource supply organization, a regional operator for the management of municipal solid waste in an amount equal to or exceeding two average monthly amounts of payment obligations under a resource supply agreement or an agreement for the provision of services for the management of municipal solid waste, regardless of the fact of subsequent payment of this debt by the person managing the apartment building, with the exception of the case of full repayment of this debt by the person managing the apartment building before the entry into force of the judicial act. The average monthly amount of payment obligations under a resource supply agreement or an agreement for the provision of services for the management of municipal solid waste is determined by the resource supply organization, the regional operator for the management of municipal solid waste by dividing the amount of obligations of the person managing the apartment building under the resource supply agreement or the agreement for the provision of services for the management of municipal solid waste for the twelve months preceding the date of sending the notice of unilateral refusal to fulfill the resource supply agreement, the contract for the provision of services for the management of solid municipal waste, for twelve. If the resource supply agreement or the contract for the provision of services for the management of municipal solid waste was completed in less than twelve months, the average monthly amount of payment obligations under the resource supply agreement or the contract for the provision of services for the management of solid municipal waste is determined by dividing the amount of obligations of the person performing the management apartment building, for the period of validity of a resource supply agreement or an agreement for the provision of services for the management of municipal solid waste for the number of months of their validity.
Advertisement management of an apartment building, and the state housing supervision body of the constituent entity of the Russian Federation. A notification sent to the address of the person managing the apartment building indicated in the Unified State Register of Legal Entities or the Unified State Register of Individual Entrepreneurs is considered received by the person managing the apartment building, even if it is not actually located at the specified address.
4. Simultaneously with sending the notification provided for in Part 3 of this article, the resource supplying organization, the regional operator for the management of solid municipal waste shall bring the corresponding notification to the attention of the owners of premises in an apartment building by posting it in publicly accessible places (on notice boards located in all entrances of the apartment building or within the land plot on which the apartment building is located), as well as publications in print media in which acts of local government bodies are published. This notice is posted on the Internet information and telecommunications network on the official website of the resource supplying organization and in the system.
5. After thirty days from the date of sending the notice provided for in Part 3 of this article to the person managing the apartment building, the contract for the provision of services for the management of solid municipal waste is considered terminated completely, and the resource supply contract is considered terminated in terms of the supply of municipal resources in order to provide the appropriate utility services to owners and users of premises in an apartment building and continues to apply in terms of the acquisition of utility resources consumed during the use and maintenance of common property in an apartment building. An agreement containing provisions for the provision of utility services, an agreement for the provision of services for the management of solid municipal waste between the owner of premises in an apartment building and a resource supplying organization, a regional operator for the management of solid municipal waste are considered concluded in this case with all owners of premises in an apartment building at the same time in accordance with the requirements of paragraph 2 of part 7 of this article.
ConsultantPlus: note.
Until the Government of the Russian Federation approves the standard contracts provided for in Part 6 of Art. 157.2, the terms of contracts are determined in accordance with the rules for the provision of public services.
ConsultantPlus: note.
Part 6 art. 157.2 in (as amended by Federal Law No. 59-FZ dated 04/03/2018) also applies to relations arising from contracts concluded before 04/03/2018.
""6. An agreement containing provisions for the provision of utility services, an agreement for the provision of services for the management of solid municipal waste between the owner of premises in an apartment building and a resource supplying organization, a regional operator for the management of solid municipal waste, are concluded for an indefinite period in accordance with standard agreements approved by the Government of the Russian Federation. Federation. A written agreement is not required.
""7. An agreement containing provisions for the provision of utility services, an agreement for the provision of services for the management of solid municipal waste between the owner of premises in an apartment building and a resource supplying organization, a regional operator for the management of solid municipal waste are considered concluded with all owners of premises in an apartment building at the same time:
1) in the case provided for in paragraph 1 of part 1 of this article, from the date determined in the decision of the general meeting of owners of premises in an apartment building, provided for in paragraph 4.4 of part 2 of Article 44 of this Code. By decision of the resource supplying organization or the regional operator for the management of municipal solid waste, this period may be postponed, but not more than by three calendar months. The resource supplying organization, the regional operator for the management of municipal solid waste shall notify the person on whose initiative this meeting was convened about such a decision no later than five working days from the date of receipt of copies of the decision and minutes of the general meeting of owners of premises in an apartment building in the manner prescribed by Part 1 Article 46 of this Code;
2) in the case provided for in paragraph 2 of part 1 of this article, after thirty days from the date of sending the notice provided for in part 3 of this article about unilateral refusal to execute a resource supply agreement, an agreement for the provision of services for the management of solid municipal waste to the person managing an apartment building ;
""3) in the case provided for in paragraph 3 of part 1 of this article, from the date of conclusion of contracts, including those provided for in paragraph 2 of Article 164 of this Code, that were in force before the owners of premises in an apartment building made a decision to change the method of managing the apartment building or to select a manager organizations.
ConsultantPlus: note.
Part 8 art. 157.2 (as amended by Federal Law No. 59-FZ dated 04/03/2018) applies to relations arising from contracts concluded before 04/03/2018.
""8. A resource supplying organization, a regional operator for the management of municipal solid waste has the right to refuse to conclude a resource supply agreement, an agreement for the provision of services for the management of solid municipal waste with the person managing an apartment building, in the event of concluding agreements provided for in Part 1 of this article.
""9. The provisions of this article also apply to relations involving persons specified in paragraphs 1, 1.1, 3, 4, 6, 7 of part 2 of article 153 of this Code. In the case of direct management of an apartment building by the owners of premises in an apartment building, if the owners of premises in an apartment building have not chosen a method of managing such a building or the chosen method of management has not been implemented, in the absence of a resource supply agreement, an agreement for the provision of services for the management of solid municipal waste , concluded between the resource supplying organization, the regional operator for the management of municipal solid waste and the person managing the apartment building, utilities are provided by the resource supplying organization, the regional operator for the management of municipal solid waste in accordance with an agreement containing provisions for the provision of public services, an agreement for provision of services for the management of solid municipal waste, concluded in the manner prescribed by Part 6, Clause 3 of Part 7 of this article, and taking into account the features provided for by the rules for the provision of utility services to owners and users of premises in apartment buildings.
10. In the case of concluding agreements containing provisions on the provision of utility services, resource supplying organizations are obliged to provide, including using the system, to persons managing apartment buildings, information about the readings of individual metering devices when such readings are provided by the owners or users of premises in an apartment building resource supply organizations.

11. No major repairs have been carried out in our house; all expenses for maintaining the house are at our own expense. The Criminal Code was abandoned. Can we not pay contributions for major repairs?

11.1. Good afternoon
If the owners of your home have decided to create a HOA and it is in effect, then the decision on fees for major repairs, allocation of funds, appointment of a trustee, etc. is also made by the general meeting of owners of the apartment building. Chapter 15 of the Housing Code of the Russian Federation.

12. During the overhaul of the building's utility networks, the residents of one of the apartments refused to carry out work in their apartment, as a result of which the entire riser was not replaced. Tell me, who will be responsible in the event of a leak on this riser? Who will compensate for the damage?

12.1. Good afternoon. In general, a riser is a common property for which the management company is responsible. Accordingly, as a general rule, the person who must service it (monitor its condition) is responsible for leaks in the riser. But in this case, the management company takes the necessary measures to eliminate the malfunction, and the owner does harm by refusing to carry out repair work. Therefore, if, due to the owner’s refusal to replace part of the riser, the riser leaks, then the owner will be recognized as the culprit (Article 1064 of the Civil Code of the Russian Federation) and damages will be recovered from him. But here the cause-and-effect relationship must be clearly traced.

12.2. Hello! Risers belong to common utility networks, so residents do not have the right to refuse to replace them. In this case, the Criminal Code must resolve the issue in court. In the event of a breakthrough, the management company will be responsible and subsequently file a recourse claim against the refused tenants.

13. Our two-story house in the village has long been removed from the balance sheet of the village council and major repairs have never been carried out in the house, but bills for payment come regularly, and when we bought the apartment, there was already a large debt, what should I do, how can I refuse major repairs?

13.1. Hello,
Your house does not have to be on the balance sheet of the village council. If it is multi-apartment, that means capital contributions. You will have to pay for repairs.
Or remove the multi-apartment status, as an option, and establish shared ownership, for example. Then you will renovate your house yourself
I wish you good luck and all the best!

If you find it difficult to formulate a question, call the toll-free multi-line phone 8 800 505-91-11 , a lawyer will help you

Good afternoon, Angela! Unfortunately, property owners are required to pay for major repairs.

Housing Code
Article 169. Contributions for major repairs of common property in an apartment building
1. Owners of premises in an apartment building are required to pay monthly contributions for major repairs of common property in an apartment building, with the exception of cases provided for in part 2 of this article, part 8 of article 170 and part 4 of article 181 of this Code, in the amount established in accordance with part 8.1 of Article 156 of this Code, or, if the corresponding decision is made by the general meeting of owners of premises in an apartment building, in a larger amount.
2. Contributions for major repairs are not paid by the owners of premises in an apartment building that is recognized in accordance with the procedure established by the Government of the Russian Federation as being in disrepair 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 the seizure of a land plot for state or municipal needs, on which this apartment building is located, and on the seizure of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipal entity. Owners of premises in an apartment building are exempt from the obligation to pay contributions for major repairs starting from the month following the month in which the decision to withdraw such a land plot was made.
2.1. The law of a constituent entity of the Russian Federation may provide for the provision of compensation for the costs of paying a contribution for major repairs, calculated based on the minimum amount of the contribution for major repairs per one square meter of total living space per month, established by a regulatory legal act of a constituent entity of the Russian Federation, and the size of the regional standard of regulatory area of residential premises used to calculate subsidies, single non-working owners of residential premises living alone who have reached the age of seventy years - in the amount of fifty percent, eighty years - in the amount of one hundred percent, as well as living as part of a family consisting only of non-working citizens living together retirement age, owners of residential premises who have reached the age of seventy years - in the amount of fifty percent, eighty years - in the amount of one hundred percent.
(Part 2.1 introduced by Federal Law dated December 29, 2015 N 399-FZ)
3. The obligation to pay contributions for capital repairs arises for the owners of premises in an apartment building after eight calendar months, unless an earlier period is established by law of the constituent entity of the Russian Federation, starting from the month following the month in which the approved regional capital program was officially published renovation, which includes this apartment building, except for the case established by part 5.1 of Article 170 of this Code.

If payment is refused (full or partial), the defaulter will be charged late interest.

The basis for this is Article 155 (Part 14.1) of the Housing Code of the Russian Federation.
14.1. Owners of premises in an apartment building who have lately and (or) not fully paid contributions for capital repairs are required to pay a penalty to the capital repair fund in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, of the amount not paid on time for every day of delay starting from the thirty-first day following the day of the established payment deadline until the day of actual payment. Payment of the specified penalties is carried out in the manner established for the payment of contributions for major repairs.

Refusal to carry out major repairs by one resident in a house creates collective responsibility for it for all residents in the house. Due to the fault of one resident who refuses major repairs in his apartment, for example, refusing to change pipes, all residents in the house will suffer.

As the Department of Housing, Communal Services and Improvement of Moscow said, the main stages of repairs without evicting residents look something like this:

1. To begin with, representatives of the DEZ must go around the house with news of major repairs and obtain the consent of the residents for the upcoming work. If some apartment owners are against it, for example, they recently spent a lot of money on European-quality renovations or, due to poor health, cannot even endure wallpapering, they will not be forced. It’s just that when replacing communications they will bypass it. That is, if you are completely satisfied with your new windows, then no one will touch them. If the whole house rebels against the renovation, then those in charge of the house and the entrances collect signatures from all residents to refuse. Then DEZ officially excludes the building from the list of major repairs.

2. If there is consent for repairs, utility workers draw up a so-called “defect sheet” for each apartment: at the request of the resident, problems that occurred through no fault of his own, which the family would like to get rid of during the overhaul, are recorded here. For example, cracks in the walls.

3. Based on a competition, DEZ selects a company to carry out repairs and enters into an agreement with it. The same agreement is drawn up with each tenant. It must clearly state the timing, type of work and penalties for construction violations. Usually their amount is a certain percentage of the cost of the apartment according to the BTI certificate. The owner of the property will receive part of the money as compensation, the other part - DEZ. Residents can discuss the clauses of the agreement at a general meeting.

4. A month before the start of work, DEZ posts notices in the house indicating the start and finish of repairs. Residents will not have to guard their apartments for days on end. The agreed work schedule is attached to the contract. It should indicate that in apartment No. 99, for example, the glazing of the loggia will take place from 11 a.m. to 4 p.m. on the 10th of this month. This is how every movement of strangers around the house is recorded. At the same time, workers can make noise only on weekdays, no earlier than nine in the morning and no later than seven in the evening.

5. Work on weekends is specified separately. But it may also happen that on holidays and weekends both residents and workers will rest. Of course, you need to cover the furniture, cover the floors with newspapers and hide household valuables away. But workers must clean up “their” garbage themselves. Repairing a separate apartment takes about a month. Overhaul of the entire house lasts on average about a year. The period may extend if money is not received from the city budget on time. Or, conversely, the builders will complete the project within six months if there are no problems with finances. In addition, the duration of the repair torment depends on the number of apartments, entrances and floors. The reconstruction will not cost residents a penny.

6. Perhaps they will move out one apartment on the first floor to accommodate security guards. The evicted downstairs will discuss whether they will leave their home temporarily or permanently. In other apartments, renovations often do not affect kitchens and living rooms.

7. Acceptance of work takes place in the presence of the tenant, representatives of the construction company and DEZ. Defects are eliminated free of charge within a pre-agreed period.

Comment: The timing of major repairs depends on the scope of work, and can be no more than six months. Replacing the elevators in the building is included in the overhaul.

It should be remembered that the heating, water supply and sewerage risers passing through the apartment are common property. And a resident of even a privatized apartment has no right to interfere with their inspection, repair and maintenance. Representatives of DEZ, GU IS or a construction organization can go to court and enter the apartment with the help of bailiffs.

There are a lot of apartments for rent, and tenants do not need major repairs. Tenants often ignore major repairs. But, for example, to replace a riser, you need to carry out work in three apartments at once.

By giving the opportunity to simply, without explanation, sign a waiver of major repairs, this creates a false impression among people that their apartment will somehow be heated through old pipes in a fabulous way. In reality this is not the case. Technically, it is not possible to supply heating both through the new heating pipes laid in the apartments of the neighboring co-owners of the housing cooperative, and through the old pipe at the “refusenik”.

The communal heating system is a single network.

From a legal point of view:

until you give official consent, no one has the right, without a court decision, to break down the door to your apartment and change communications;

if you are confident in your communications, you can refuse to replace communications if you sign an act of refusal of major repairs and a guarantee to fully compensate for the damage to anyone who may suffer because of you, for example, in the event of any accidents with communications;

Note: think about how you can convince tenants below and above that you are solvent now and will be solvent in a few years.

You don’t have to sign any liability papers, and no one can force you. In this case, all the same, an act will be drawn up stating that you refused to sign.

Even if all the residents of the house unanimously became refuseniks, they would still not supply heating through the old pipes. Their service life has long expired, and the repair and maintenance organization simply does not have the right to accept unrepaired communications for maintenance and will naturally refuse.

Thus, just as we will violate the law on major repairs by preventing the installation of new heating pipes, our rights to supply heating will be violated.

The organization operating the house accepts the house as a whole, and not in parts. and is responsible for the house as a whole, and not in parts.

Did you know?

Arbitrariness should be considered the desire of the tenant to violate the requirements of building codes and regulations, and not the actions of the workers who came to work to carry out major repairs. Metal pipes through which gas flows are also susceptible to corrosion and only due to the low excess pressure allow their use for such a long time.
Replacement of gas pipes is carried out on the basis of their examination; the fragility of welded joints should also be taken into account.

Note

In accordance with regulatory documents, major repairs of buildings are carried out with the aim of restoring the basic physical, technical, aesthetic and consumer qualities of buildings lost during operation.

List of main types of work performed during major repairs of buildings and structures

Elimination of local deformations by repositioning and strengthening the load-bearing structures of buildings and structures.

Strengthening (arrangement) of foundations for equipment.

Installation and replacement of blind areas, installation of ramps on the porches of entrances to buildings.

Relaying and strengthening of individual sections of stone walls.

Restoration or strengthening of individual piers, cornice lintels.

Protection from noise and vibration, elimination of dampness, increased air permeability and insulation of freezing sections of walls in certain rooms.

Sealing joints between elements of prefabricated buildings.

Strengthening, strengthening or replacing partitions.

Replacement of sections of wooden floors with fireproof ones.

Replacement or strengthening of individual sections of floors.

Additional insulation of attic floors and coverings.

Partial or hollow roof replacement.

Partial or complete replacement of window opening fillings.

Insulation of ventilation shafts.

Installation of a canopy over the entrances to the entrances, basements and over the balconies of the upper floors.

Restoration of local landscaping and landscaping using modern materials and technologies.

Installation of devices for cleaning and sanitizing the trunks of garbage chutes.

Replacement of faulty internal engineering systems and equipment of buildings and structures, as well as worn-out equipment of elevators and garbage chutes.

Replacement of household gas equipment.

Repair and replacement of elevators without changing technical characteristics.

Replacement and repair of worn-out elements of internal and external engineering networks.

Repair of radio, television and telephone networks.

Repair and adjustment of automatic fire protection and smoke removal systems.

Installation of fire escapes, grounding, radio and television antennas.

Repair of facades with insulation of individual areas.

Replacement and repair of engineering equipment that ensures the consumption of utilities (input devices, block heat stations, water metering units, etc.).

Bringing the finishing on escape routes in accordance with the fire resistance level of the building.

Work performed during routine repairs accompanying major repairs.

Other jobs.

Important

The operating organization has the right to demand that clauses be included in the contract, which will stipulate that in the event of an accident due to the fault of those residents of the house who refused to change communications, all residents of the house will have to pay. Thus, it may happen that because of one tenant who refuses to make major repairs in his apartment, all the residents of the house will suffer. Those. all residents will pay out of their own pockets to repair an accident caused by one resident.