The procedure for major repairs in an apartment building. On some issues related to the repair work What is a special bank account for the formation of a capital repair fund

The mechanism for issuing payment documents for overhaul depends on the chosen method of accumulating funds: on a special account - by decision of the general meeting of owners; on the account of the regional operator of the capital repair fund - by default.

If the money goes to the regional capital repair fund or the regional operator is the owner of a special account for the house, he independently (at his own expense) must issue receipts and calculate payments. At the same time, situations often arise when the Capital Repair Fund, in order to save money, tries to shift this responsibility to the managing organization / HOA. How legal it is, and how to be in such a situation, let's try to figure it out in this article.

Part 1 of Article 169 of the RF LC obliges the owners of the premises of the MKD pay monthly installments for major overhaul of common property.

In accordance with the provisions of paragraph 1 of part 2 of article 155 LCD RF, payment for housing and utilities is paid on the basis of: payment documents submitted no later than the first day of the month following the expired month, unless another period is established by the management contract.

One of the functions of a regional operator in accordance with Part 1 of Art. 180 of the RF LC is the function of accumulating contributions for capital repairs paid by owners of premises in apartment buildings, in respect of which capital repair funds are formed on the account (accounts) of the regional operator. Such contributions in accordance with part 1 of article 170 RF ZhK form a capital fundrenovation.

Decree of April 12, 2016 No. 10-P The Constitutional Court of the Russian Federation, in connection with the requests of the deputies of the State Duma of the Russian Federation, assessed the constitutionality of the provisions of Part 1 of Article 169, Parts 4 and 7 of Article 170 and Part 4 of Article 179 of the Housing Code of the Russian Federation. All the contested norms were found not to contradict the Constitution of the Russian Federation.

As follows from the provisions of Part 1 of Art. 171 LCD RF, v in the event of the formation of a capital repair fund on the account of a regional operator, the owners residential premises in an apartment building pay contributions for overhaul on the basis of payment documents submitted by the regional operator, within the time frame established for the payment of residential premises and utilities, unless otherwise provided by the law of a constituent entity of the Russian Federation.

Thus, the law imposes on the regional operator the obligation to issue payment documents no later than the 1st day of the month following the expired billing period for which payment is made.

A different procedure may be established by regional law. The Ministry of Construction of Russia in a letter 12315-ACh / 04 dated 07.07.2014 indicated the following: The owners of premises in MKD pay premiums for capital repairs on the basis of payment documents submitted by the regional operator, within the time frame established for the payment of residential premises and utilities, unless otherwise provided by the law of a constituent entity of the Russian Federation. By the law of a constituent entity of the Russian Federation, the obligation to issue payment documents for payment of a fee for capital repairs may be assigned to other persons (for example, RCC). In the event that a regional operator transfers the function of printing and delivering a payment document to pay a fee for overhaul to other persons, responsibility for improper performance or non-performance of the transferred functions remains with the regional operator. The Ministry of Construction also pointed out two options for issuing contributions for major repairs: in a single payment document and in a separate receipt.

Thus, no one has the right to oblige the management company / HOA to pay free contributions for overhaul in favor of the regional operator.

At the same time, contributions for overhaul can be included in a single payment document issued by the RCC(which is confirmed by judicial practice).

The managing organization appealed to the Arbitration Court of the Moscow Region with claims to MosOblEIRTS to recover losses caused by improper performance of obligations under the contract (since the defendant independently, without the plaintiff's instructions, included in a single payment document deductions to the Capital Repair Fund. The parties agreed on the form of the Unified Payment Document , in which a separate line indicates for payment such a service as a "contribution for overhaul." According to part 3 of article 6 of the Law of the Moscow Region dated 01.07.2013 No. 66/2013-OZ "On the organization of overhaul of common property in apartment buildings located on the territory of the Moscow Region ", the regional operator has the right to conclude an agreement on inclusion in the payment document with on the basis of which a payment is made for the maintenance and repair of residential premises and utilities, information on the amount of the contribution for capital repairs, indicating the name of the regional operator, his bank account number and bank details, his address (location). LLC "MosOblEIRTS" (agent) and the non-profit organization "Fund for capital repairs of common property of apartment buildings" (principal) concluded an agency agreement for the formation of assessments of contributions for major repairs.

The court indicated that the inclusion in a single payment document for payment of utility services payment to the capital repair fund does not violate the plaintiff's right to receive funds from the population as payment for utility services paid under such a single document. (Decision of the Arbitration Court of the Moscow Region dated December 16, 2016 in case No. А41-61181 / 2016).

Often, the Regional Overhaul Fund Operator enters into a settlement / agency agreement not with the settlement center, but directly with the management organization. In this case, it is necessary to clearly spell out the rights and obligations under the contract, since not clearly spelled out the terms of the contract may entail adverse consequences for the management organization (at least in the form of time spent collecting contributions for overhaul).

Arbitration Court of the Kemerovo RegionBy the decision of August 17, 2016 in case No. А27-3745 / 2016refused the management organization to satisfy the requirements for the collection of contributions for capital repairs, indicating the following: between the NO "Fund overhaulapartment buildings of the Kemerovo region "(principal) and the management organization (agent) concluded an agency agreement, in accordance with the terms of which the principal instructs, and the agent assumes the obligation to calculate and processcontributions for major repairs; collection contributionsand percent. From the terms of the agency agreement, the right of the managing organization to file claims in court to recover collected by the defendant is not seencontributionsfor the benefit of the Foundation overhaulapartment buildings of the Kemerovo region ".
Under these circumstances, the claim is not subject to satisfaction.

Since the overhaulcommon property in an apartment building is carried out at the expense of the owner of the housing stock, tenants of municipal apartments do not pay contributions for major repairs (they must be paid by the owner of the premises - the municipality).

In the event that the RCC in a single payment document erroneously issued contributions for overhaul to the employer, the management organization is not responsible for this.

The tenant of the municipal apartment went to court with a claim against the management organization, where one of the requirements indicated: invalidation of charging foroverhaul, recalculation of feesfor the amount of payments made formajor repairs and recovery of moral damage. The court found that the recipient of contributions for overhaul is the regional Operator of the Fund for Overhaul of the Nizhny Novgorod Region. The managing organization is not the recipient of these payments, respectively, the relationship toexposingto the tenants of this dwelling, invoices for payment of payments andcontributions for overhauldoes not have, that is, it is an improper respondent for this claim. (Decision of the Dzerzhinsky City Court dated June 7, 2017 in case No. 2-1457 / 2017, which stood on appeal in the Nizhny Novgorod Regional Court).

Any structure has its own duration of operation. The presence of measures to maintain the condition of the building in a satisfactory form of any nature - current or capital, is reflected in the main characteristics of the premises.

And if current repair is an action that prevents serious destruction, then overhaul is a set of measures that are aimed at replacing, as well as restoring and modernizing the structures of the MZD and communication elements, due to their physical deterioration.

The procedure for carrying out major repairs is determined and its purpose is to improve the structure without making any changes to the building parameters of the object.

Renovation of a multi-storey building of a capital nature, which is provided according to the implementation of specialized organizations assigned to residential real estate.

Determining the importance of performing work is the direct responsibility of the profile commission. The specialists of the invited departments, having studied the data of the inspections carried out, draw up an act with recommendations on the need to initiate updates. In most cases, the building is inspected with access to the site.

Upon receipt of recommendations for the implementation of the CD, the final decision is made at a general meeting of homeowners, initiated by the communal office, which received the final document. Residents should determine the need to implement the capital, the amount of implementation, the duration of the implementation of the recommendations and the procedure for financing.

The resulting decision of the general meeting is documented in the prescribed manner and the housing office can hire a contractor. Residents have the right to refuse to perform the acts if the provided estimate of the said repair or materials is not justified and, in the opinion of residents, is overstated.

However, if it concerns the overhaul of unsafe emergency communications or equipment of the elevator economy, then it is better not to delay the implementation. It is possible to involve an initiative group of tenants in the actions for the selection of builders and the purchase of materials, possibly thereby reducing the total cost of the overhaul.

Who accepts the completed work of the Kyrgyz Republic

All performed activities are subject to mandatory acceptance. The procedure for the acceptance of works is as follows:

• a week before the expected end of the action, the contractor notifies the ordering party.
  • If the customer is a regional operator, it is he who creates the acceptance committee and is himself responsible for drawing up the construction control act of the object.
  • In the case of an order from the owner of the premises, the responsibility for inviting the acceptance committee lies with him.
• a survey of the work performed is carried out on site. If a marriage is found, it is liquidated at the expense of the guilty party;
• simultaneously with the acceptance certificate, a guarantee of the work performed is issued. The warranty period, which starts from the date of acceptance of the object, is five years. In the event of a warranty situation, you should contact the regional operator or directly to the contractor. At the same time, all breakdowns are eliminated at the expense of the contractor in a time frame that is better fixed when drawing up a guarantee.

All documents that accompany the execution of events must be drawn up in accordance with existing legislation and meet the requirements of office work.

The importance of correctly drawn up papers lies in the fact that in the event of restoration of one's rights in court, an incomplete document or act drawn up not according to the rules may be a reason for not considering the claim of the injured party.

Who carries out the "acceptance" of the work? Can residents express their dissatisfaction with the work carried out, and how is this taken into account?

With any method of accumulating funds for overhaul, representatives of the owners, authorized by the general meeting, participate in the acceptance of work.

It is important not to approach the choice of such a person formally, it is better that he has a technical or construction education, possibly experience in the construction industry. The technical features of the acceptance of work will be checked by construction control specialists during the execution of work, while the owners can evaluate the visual performance (for example, the absence of cracks and chips after repairing the facade, gaps during roof repair, all engineering networks are removed in boxes or fixed, and do not hang out along the entrance) ...

If the capital repair fund was formed on the account of the regional operator, then the regional operator is obliged to accept the work within the framework of the functions assigned to him by law, while he creates a special commission with the participation of representatives of the authorities that manages the given apartment building of the organization or the HOA / housing cooperative, as well as representatives of the owners, authorized by the general meeting.

In any case, you should express all your comments, insist that the representative of the regional operator (or contractor) fix them in writing. After fixing the comments (if they are justified), it is necessary to determine the deadline for their elimination and then appoint a re-acceptance of the work.

The warranty period for all overhaul work performed must be at least five years from the date of signing the acceptance certificate.

Material prepared with the participation ofnHead of the housing department of the VK Comfort managing organization Zarema Ablyamitova and press secretary of the Association of Regional Operators of Major Repairs of Multi-Apartment Buildings (AROCR).

If the owners collect funds on a special account, then who and how is obliged to report to the owners for the funds and work performed?

In the event of the formation of a capital repair fund on a special account, all decisions on the overhaul, the selection and involvement of contractors, the procedure for spending funds from the special account, the creation of various commissions, the selection of authorized persons for the acceptance of work accepted by the owners themselves at their general meeting.

In this case, the managing organization can give any recommendations and suggestions, but the final decision is made by themselves. owners, they are also customers of work under contracts with contractors.

The owner of the special account and the bank in which it is open provide full information about operations on the special account to any owner of the premises in the house who has made a request.

If, during the overhaul of a house, access to apartments and partial damage to the repair is required (say, they will hammer the walls when replacing pipes), should they somehow compensate for this or help in restoring the repair?

In the Housing Code, which regulates the issues of capital repairs in apartment buildings, such an obligation is not stipulated, but since all work is carried out by contractors on a contractual basis. The costs of refurbishing apartments after major renovations are not included in work paid for by contributions for major renovations.

At the same time, in the event of damage to property through the fault of the contractor (spilling an apartment after repairing the roof), compensation for damage is the responsibility of the contractors. Also, the work performed has a warranty period (5 years) during which the identified defects must be eliminated by the contractor at their expense.

If, in order to carry out repair work, the contractor requires to sign an agreement for access to the apartment (say, if the risers are being repaired), but the regoperator did not ask or warn the residents. Do they have the right to refuse?

Since major repairs are carried out in relation to the common property of all owners of the house, and it consists, among other things, of engineering networks, communications and equipment, access to which in some cases is possible only from the owner's premises, then of course the owner is obliged to provide it (there is already positive jurisprudence on this issue).

But since the terms of providing such access during major repairs are not legally established, it is reasonable to discuss this issue at the general meeting of owners, it is possible to draw up and approve at the general meeting a schedule for providing owners with access to their premises.

Before carrying out a major overhaul, should the regoperator agree with the tenants on the list of work to be carried out, the work schedule, the amount spent?

Yes, the regional operator has such a duty. Together with the proposal to carry out major repairs, the owners are sent a defective statement and (or) an estimate for the work planned to be carried out, which are subject to agreement. In the future, these documents are the basis for conducting trade procedures and concluding an agreement with a contractor.

However, it should be noted that the value of the contract may change both upward and downward. This circumstance is associated with a "drop" in price during the auction, with the need to carry out additional work, which were revealed only when entering the facility.

The work schedule is usually an appendix to the contract between the regional operator (owners in the case of a special account) and the contractor.

If the registrar refuses to provide information on savings and expenses - is it legal?

Such a duty is provided for by law; accordingly, if the Regional Operator refuses to provide the requested information, you can contact the Prosecutor's Office.

How can you control, check the accumulation of funds for overhaul on the regoperator's account?

Also, at the request of either the owner or the management organization / HOA / Housing Cooperative to the Regional Operator. He is obliged to provide comprehensive information on the amount of charges and payment of contributions for major repairs both for the premises separately and for the apartment building as a whole (depending on the request). In addition, such information is posted by the Regional Operator and on its website. In the city of Moscow, it can be obtained on the portal of urban services pgu.mos.ru in the section "Get information from the Capital Repair Fund".

Most regional operators have implemented the function of providing information about payments through the services of a personal account on their websites. However, you can always contact the regional capital repair fund through your authorized person for the home to obtain this information.

It is also worth noting that certain requirements are applied to banks in which contributions for capital repairs are kept, designed to ensure the safety of savings. For example, the value of a credit institution's own funds cannot be less than 20 billion rubles; a credit institution must participate in the system of compulsory insurance of deposits of individuals.

How can the residents of the house control the accumulation of funds for overhaul in the case of a special account?

When choosing a rush as a method of forming a capital repair fund, the owners' money is accumulated in a special account with a bank, determined at a general meeting of house owners.

The owner of a special account according to the RF Housing Code can be 1) a homeowners' association that manages an apartment building and is created by the owners of premises in one apartment building or several apartment buildings; 2) the housing cooperative that manages the apartment building; 3) a management organization that manages an apartment building on the basis of a management agreement.

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.

Do not forget that the Housing Code of the Russian Federation provides for the obligation of the owner of a special account to submit to the state housing supervision authority in the manner and within the time limits established by the law of the constituent entity of the Russian Federation, information on the amount of funds accrued as contributions for major repairs, information on the amount of funds received as contributions for major repairs, information on the amount of funds spent on major repairs from a special account, information on the amount of the balance on a special account, information on the conclusion of a loan agreement and (or) a loan agreement for major repairs with the attachment of certified copies of such contracts.

Housing legislation also establishes that the owner of a special account of a house, as well as the bank in which it is opened, are obliged, at the request of any owner of the premises in this house, to provide information on the status of the account, on the balance of funds on the account, on contributions received to the Kyrgyz Republic, on all transactions on account.

In this connection, the overhaul fee may increase (and in what cases is it legal)?

According to the RF LC, the amount of the overhaul contribution (the so-called minimum amount) is established by the state authorities of the constituent entity of the Russian Federation and is changed on the basis of their regulatory legal acts. There is no single rate for all regions, that is, owners in each region pay different amounts.

For example, the lowest contribution is set in the Komi Republic - 2.45 rubles and in St. Petersburg - 2.97 rubles.

In Moscow, at the moment, the minimum contribution amount is 15 rubles per 1 square meter of premises per month, and from 01.07.2017 it will increase to 17 rubles on the basis of a decree of the Moscow Government.

There is a certain list of overhaul work, which is carried out at the expense of funds accumulated based on this minimum contribution.

If the owners want to complete work in excess of this list or the terms previously established by the regional program, then the law stipulates that they can make a decision at a general meeting to increase the contribution for overhaul.

Do residents (tenants) of municipal apartments need to pay for overhaul?

No, the obligation to pay contributions for major repairs lies solely with the owner of the premises, which in this case belongs to state property (departmental or other categories). The employer pays nothing in a particular situation.

However, the employer is obliged to pay for the maintenance and repair of the house (we are talking about current repairs).

The person managing the MKD wants to invalidate the decision of the authorized body to refuse to include the MKD in the register of special accounts and its inclusion in the list of houses that form the FCR on the account of the regional operator

1. Overhaul of common property in an apartment building is carried out on the basis of a decision of the general meeting of owners of premises in an apartment building, except for the cases provided for in part 6 of this article.

2. The owners of premises in an apartment building at any time have the right to make a decision on overhaul of common property in an apartment building at the suggestion of 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 his own initiative.

3. At least six months (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 major repairs of the common property in an apartment building must be carried out in accordance with the regional capital repair program, the person in charge apartment building or the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building, or a regional operator (if the owners of premises in an apartment building form a capital repair fund on the account of a regional operator) submits proposals to such owners on the start date capital repairs, the necessary list and on the volume of services and (or) work, their cost, on the procedure and on the sources of financing the capital repairs of common property in an apartment building and other proposals related to such major repairs, in the manner prescribed by the regulatory legal act volume of the subject of the Russian Federation.

4. The owners of premises in an apartment building no later than three months from the date of receipt of the proposals specified in part 3 of this article (unless a longer period is established by a regulatory legal act of a constituent entity of the Russian Federation) are obliged to consider these proposals and make a decision at the general meeting in accordance with part 5 of this article.

5. In the event of the formation of a fund for capital repairs on the account of a regional operator, by a decision of the general meeting of owners of premises in an apartment building to carry out capital repairs of common property in this apartment building, the following shall be determined or approved:

2) the maximum permissible cost of services and (or) work on major repairs based on the marginal cost of services and (or) work on major repairs of common property in an apartment building, determined in the manner prescribed by part 4 of Article 190 of this Code;

3) a person who, on behalf of all owners of premises in an apartment building, is authorized to participate in the acceptance of services rendered and (or) completed capital repairs, including signing the relevant acts.

(see text in previous edition)

5.1. In the event of the formation of a fund for capital repairs on a special account, by a decision of the general meeting of owners of premises in an apartment building to carry out capital repairs of common property in this apartment building, the following shall be determined or approved:

1) a list of services and (or) capital repairs;

2) the maximum permissible cost of services and (or) 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 services rendered and (or) completed capital repairs, including signing the relevant acts.

6. In the event that, within the time period specified in part 4 of this article, 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 carry out capital repairs of common property in this apartment building, the local government body within months from the expiration date of the specified period, makes a decision to carry out such a major overhaul in accordance with the regional major overhaul program, notifying the owners of the premises in this apartment building about the decision, including using the system. In the event of an accident, other emergencies of a natural or man-made character, a decision on the issues provided for in clauses 1 and 2 of part 5 of this article shall be made in accordance with the procedure established by a regulatory legal act of a constituent entity of the Russian Federation. In this case, the overhaul of an apartment building is carried out without its inclusion in the short-term plan for the implementation of the regional overhaul program and only to the extent necessary to eliminate the consequences arising from an accident, other emergencies of a natural or man-made nature, at the expense of the regional operator, determined by Article 185 of this Code and the law of a constituent entity of the Russian Federation as funds to ensure the financial stability of the regional operator's activities, and is taken into account when updating the regional capital repair program annually.

(see text in previous edition)

7. In the event that 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, was not carried out within the time period stipulated by the regional overhaul program, and at the same time in accordance with the procedure for establishing the need for overhaul of the general property in an apartment building requires the provision of any type of services and (or) the performance of any type of work provided for for this apartment building by the regional capital repair program, the local government within one month from the date of receipt of the corresponding notification decides on the formation of a capital fund repairs on the account of the regional operator and forwards such a decision to the owner of the special account. The owner of the special account is obliged to transfer the funds in the special account to the account of the regional operator within one month from the date of receipt of such a decision from the local government. The decision to overhaul the common property in this apartment building is taken in accordance with parts 3 of this article. In the event that the owner of the special account did not transfer the funds in the special account to the account of the regional operator within the time period established by this part, the regional operator, any owner of the premises in an apartment building, local government body has the right to apply to the court with an application for the collection of funds, located on a special account, with their transfer to the account of a regional operator. The provisions of this part do not apply in the case of an outstanding loan and (or) loan, the repayment of which is carried out at the expense of funds received on the corresponding special account.

(see text in previous edition)

8. Within ten days from the date of signing the act of acceptance of the services rendered and (or) the work performed on the overhaul of the common property in the apartment building, the regional operator is obliged to transfer to the person managing this apartment building copies of documents on the overhaul of the common property in the apartment building (including copies of design, estimate documentation, contracts for the provision of services and (or) on the performance of work on capital repairs, acts of acceptance of services rendered and (or) work performed) and other documents related to the conduct of major repairs, with the exception of financial documents ...