The decision to carry out a major overhaul of common property in an apartment building. The decision to carry out a major overhaul of common property in an apartment building

Article 189. Decision to conduct overhaul common property v apartment building

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code from 01/01/2020
entered into force on 26.12.2012

There are no new revisions of the article that have not entered into force.

Compare with the revision of the article from 09.12.2018 20.12.2017 30.07.2017 01.07.2017 30.06.2015 30.12.2013 26.12.2012

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

The owners of premises in an apartment building at any time have the right to make a decision to carry out major repairs 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, a regional operator, or on their own initiative.

At least six months in advance (unless another period is established by the regulatory legal act subject Russian Federation) before the onset of the year during which a major overhaul of the common property in an apartment building must be carried out in accordance with the regional overhaul program, 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 , 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 timing of the start of capital repairs, required list and on the volume of services and (or) work, their cost, on the procedure and on the sources of financing the overhaul of common property in an apartment building and other proposals related to the conduct of such overhaul, in the manner prescribed by the regulatory legal act of the constituent entity of the Russian Federation.

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.

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:

In the event of the formation of a fund for capital repairs on a special account, the 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 must 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 relevant acts.

In the event that, within the time period specified in part 4 of this article, the owners of premises in an apartment building, forming a capital repair fund on the account of a regional operator, did not decide to carry out major repairs of common property in this apartment building, the local government body within a month from on the expiry 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 nature, a decision on the issues provided for in clauses 1 and 2 of part 5 of this article shall be made in the manner prescribed by a regulatory legal act of a constituent entity of the Russian Federation. In this case, overhaul apartment building 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 Money to provide financial sustainability activities of the regional operator, and is taken into account in the annual update of the regional overhaul program.

In the event that the overhaul of the common property in an apartment building, the owners of the premises where 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 repair fund for account of the regional operator and forwards such a decision to the holder of the special account. The owner of the special account is obliged to transfer the funds on 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 3-6 of this article. In the event that the owner of the special account did not transfer the funds on 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 the regional operator. The provisions of this part do not apply if outstanding loan and (or) a loan, the repayment of which is carried out at the expense of funds credited to the corresponding special account.

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 (in including a copy of the project, 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.

1. Overhaul of common property in an apartment building is carried out on the basis, with the exception of cases provided for by part 6 of this article.

2. The owners of premises in an apartment building at any time have the right to make a decision to carry out major repairs 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 program of major repairs, 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 to such owners proposals 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 capital repair fund 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:

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.

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, forming 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 takes 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 of the decision, including using the system. In the event of an accident, other emergencies of a natural or man-made nature, the decision on the issues provided for in clauses 1 and 2 of part 5 of this article shall be made in the manner prescribed by the regulatory legal act of the 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 defined in 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.

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 provided for by the regional overhaul program, and at the same time in accordance with the procedure for determining 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 sends 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 3-6 of this article. If the owner of the special account has not transferred 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 shall 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.

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 ...

Article 189. Decision to carry out major repairs of common property in an apartment building

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;

6. In the event that, within the time period specified in part 4 of this article, the owners of premises in an apartment building, forming 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 date of expiration 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 nature, the decision on the issues provided for in clauses 1 and 2 of part 5 of this article shall be made in the manner prescribed by the regulatory legal act of the 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 defined in 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.

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 provided for by the regional overhaul program, and at the same time in accordance with the procedure for determining the need for overhaul of the general property in an apartment building requires the provision of any type of services and (or) 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 sends 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 - 6 of this article. If the owner of the special account has not transferred 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.

Section 189. The decision to carry out a major overhaul of common property in an apartment building

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.

(Part 5 as amended by Federal Law of 29.07.2017 N 257-FZ)
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.

(part 5.1 introduced Federal law dated July 29, 2017 N 257-FZ)
6. In the event that, within the time period specified in part 4 of this article, the owners of premises in an apartment building, forming 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 takes 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 of the decision, including using the system. In the event of an accident, other emergencies of a natural or man-made nature, the decision on the issues provided for in paragraphs 1-4 of part 5 of this article shall be made in the manner prescribed by the regulatory legal act of the 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 defined in 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.
(as amended by Federal Laws of December 28, 2016 N 498-FZ, of December 20, 2017 N 399-FZ)
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 provided for by the regional overhaul program, and at the same time in accordance with the procedure for determining the need for overhaul of the general property in an apartment building requires the provision of any type of services and (or) 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 sends 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 - 6 of this article. If the owner of the special account has not transferred 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.
(as amended by Federal Laws of June 29, 2015 N 176-FZ, of December 28, 2016 N 498-FZ, of July 29, 2017 N 257-FZ)
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 ...
(Part 8 is introduced by Federal Law of June 29, 2015 N 176-FZ)

Section 190. Financing the costs of capital repairs of common property in an apartment building

1. The regional operator provides financing for the overhaul of common property in an apartment building, the owners of the premises in which form a fund for overhaul on the account of the regional operator.
2. The basis for the transfer of funds by the regional operator under an agreement for the provision of services and (or) the performance of work for the overhaul of common property in an apartment building is the act of acceptance of the services rendered and (or) work performed (except for the case specified in part 3 of this article ). Such an act of acceptance must be agreed with the local government body, as well as with the person who is authorized to act on behalf of the owners of premises in an apartment building (if the overhaul of common property in an apartment building is carried out on the basis of the decision of the owners of premises in this apartment building).

3. The regional operator may pay as an advance no more than thirty percent of the cost of the corresponding type of services and (or) work on the overhaul of common property in an apartment building, including development work project documentation or certain types services and (or) work on overhaul of common property in an apartment building.
(as amended by Federal Law of June 29, 2015 N 176-FZ)
4. The size of the marginal cost of services and (or) work on capital repairs of common property in an apartment building, which can be paid by the regional operator at the expense of the capital repair fund, formed on the basis of minimum size contribution for overhaul is determined by the regulatory legal act of the constituent entity of the Russian Federation. The excess of this marginal cost, as well as payment for services and (or) work not specified in part 1 of Article 166 of this Code and the regulatory legal act of the constituent entity of the Russian Federation, adopted in accordance with part 2 of Article 166 of this Code, is carried out at the expense of the owners of premises in an apartment building, paid in the form of a contribution for major repairs in excess of the minimum contribution for major repairs.

Note:
Regulatory legal acts of the constituent entities of the Russian Federation and municipal legal acts, the adoption of which is provided for by Article 190.1, must be adopted no later than six months from the date of entry into force of the said Federal Law.

Article 190.1. Features of the organization of overhaul apartment buildings in which a major overhaul was required on the date of privatization of the first residential premises

(introduced by the Federal Law of 20.12.2017 N 399-FZ)

1. In the event that, prior to the date of privatization of the first residential premises in an apartment building, such an apartment building was included in the prospective and (or) annual capital repair plan housing stock in accordance with the norms on the procedure for the development of plans for capital repairs of the housing stock, in force on the specified date, but major repairs were not carried out on the date of privatization of the first residential premises, and provided that major repairs of common property in an apartment building after the date of privatization of the first residential premises before the date of inclusion of such an apartment building in the regional capital repair program was not carried out at the expense of funds federal budget, funds of the budget of the constituent entity of the Russian Federation, local budget, overhaul of common property in an apartment building in accordance with the requirements of this article is carried out by a body state power or a local government body authorized on the date of privatization of the first residential premises in an apartment building to act accordingly on behalf of the Russian Federation, a constituent entity of the Russian Federation, municipality as the owner of residential premises of the state or municipal housing stock, who were the landlord (hereinafter - the former landlord). In the event that only certain elements of the common property in an apartment building have been overhauled at the expense of the relevant budgets, the obligation of the former landlord to carry out the overhaul applies to those elements of the common property in the apartment building that have not been overhauled.
2. The list of services and (or) work on the overhaul of common property in an apartment building that was required to be carried out on the date of privatization of the first residential premises in such a building in accordance with the norms for the maintenance, operation and repair of the housing stock in force on the specified date is determined by the former renter in the manner established by the subject of the Russian Federation, out of the number established by part 1 of Article 166 of this Code. The cost of services and (or) work on overhaul of common property in an apartment building is determined based on the marginal cost of services and (or) work on overhaul of common property in an apartment building, determined by a regulatory legal act of a constituent entity of the Russian Federation in accordance with the requirements of Part 4 of Article 190 of this Code. The period for overhaul of common property in an apartment building is determined in accordance with the regional overhaul program.
3. Capital repairs of common property in an apartment building by a former lessor shall be carried out by financing from the federal budget, funds from the budget of the constituent entity of the Russian Federation, the local budget for the provision of services and (or) performing capital repairs of common property in an apartment building. This financing is made taking into account the method of forming the capital repair fund by transferring funds in the amount determined in accordance with part 2 of this article to the account of a regional operator or to a special account in the manner and on the conditions provided for, respectively, by federal laws, laws of the constituent entities of the Russian Federation, municipal legal acts.
4. The obligation of the former renter to carry out major repairs of common property in an apartment building does not exempt the owners of premises in an apartment building from paying contributions for major repairs. The funds of the capital repair fund, formed by the owners of premises in an apartment building, are used to carry out major repairs of common property in this apartment building in accordance with the regional capital repair program.
5. The owners of premises in an apartment building must be informed in accordance with the procedure established by a constituent entity of the Russian Federation about the fulfillment by the former lessor of the obligation to carry out major repairs of common property in an apartment building, as well as about the provisions of part 4 of this article.
6. The owners of premises in an apartment building participate in the acceptance of work performed as part of the fulfillment of the former lessor's obligation to carry out major repairs in accordance with this article, in accordance with the procedure provided for the acceptance of works on capital repairs of common property in an apartment building in accordance with the regional program overhaul. 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) work performed for the overhaul of common property in an apartment building, including signing the relevant acts, is determined by the decision of the general meeting of owners of premises in an apartment building.

Section 191. Measures state support, municipal support for overhaul

1. Financing of services and (or) work on overhaul of common property in apartment buildings, including apartment buildings that are not subject to inclusion in the regional overhaul program in accordance with the regulatory legal act of the constituent entity of the Russian Federation specified in paragraph 1 of part 2 of article 168 of this Code can be carried out with the use of financial support measures provided to homeowners' associations, housing, housing and construction cooperatives created in accordance with Housing Code Of the Russian Federation, managing organizations, regional operators at the expense of the federal budget, funds of the budget of the constituent entity of the Russian Federation, the local budget in the manner and on the conditions that are provided, respectively, by federal laws, laws of constituent entities of the Russian Federation, municipal legal acts.
(as amended by Federal Laws of December 28, 2013 N 417-FZ, of June 29, 2015 N 176-FZ)
2. Measures of state support, municipal support for capital repairs are provided regardless of the method used by the owners of premises in an apartment building to form a fund for capital repairs.

Text updated: 01/29/2020

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 to carry out major repairs 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 program of major repairs, 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 to such owners proposals 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.
(as amended by Federal Law of 29.07.2017 N 257-FZ)
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 capital repair fund 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.
(Part 5 as amended by Federal Law of 29.07.2017 N 257-FZ)
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.
(Part 5.1 was introduced by Federal Law of July 29, 2017 N 257-FZ)
6. In the event that, within the time period specified in part 4 of this article, the owners of premises in an apartment building, forming 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 date of expiration 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 nature, the decision on the issues provided for in clauses 1 and 2 of part 5 of this article shall be made in the manner prescribed by the regulatory legal act of the 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 defined in 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.
(as amended by Federal Laws of 28.12.2016 N 498-FZ, of 20.12.2017 N 399-FZ, of 28.11.2018 N 434-FZ, of 02.12.2019 N 391-FZ)
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 provided for by the regional overhaul program, and at the same time in accordance with the procedure for determining the need for overhaul of the general property in an apartment building requires the provision of any type of services and (or) 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 sends 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 - 6 of this article. If the owner of the special account has not transferred 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.
(as amended by Federal Laws of June 29, 2015 N 176-FZ, of December 28, 2016 N 498-FZ, of July 29, 2017 N 257-FZ)
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 ...
(Part 8 is introduced by Federal Law of June 29, 2015 N 176-FZ)