Insurance of common property in an apartment building. Property insurance for apartment buildings How important is insurance for apartment buildings

Now there is a noticeable change in attitudes towards common house property. Some homeowners associations already take care not only to make it pleasant to be in the entrance, but also protect property through insurance common property apartment building.

What regulates insurance of the common property of an apartment building

In accordance with the current legislation (Article 21 of the Housing Code of the Russian Federation), it is possible to insure the common property of an apartment building. In order to protect the property, you do not have to change anything in the house, as there is no special requirements to the condition of the dwelling. Also, there should be no problems when insuring non-residential premises and common property of an apartment building. Thus, in this matter, it is necessary to do everything that is prescribed in the civil legislation and the Law of the Russian Federation “On the organization of insurance business in Russian Federation».

Insurance of the common property of an apartment building is carried out on a voluntary basis (Articles 927, 929, 930 of the Civil Code of the Russian Federation).

In paragraph 1 of Art. 36 of the Housing Code of the Russian Federation states that the owners of premises in an apartment building own the premises located in this building, but not part of their apartments, on the right of common fractional ownership.

These premises include:

• landings and stairs;
• elevators, lift and other shafts;
• corridors, technical floors, attics, basements with utilities;
• roofs enclosing load-bearing and non-bearing structures of this house;
• mechanical, electrical, sanitary and other equipment located both outdoors and indoors and serving more than one room.

The common property also includes land plot, on which there is an apartment building, elements of landscaping and landscaping. The area of ​​this site, as well as its boundaries, are determined by land legislation and legislation on urban planning.

Persons owning the premises of an apartment building on the right of ownership not only use, but also dispose of the common property. The owners pay for its maintenance in proportion to their share in common property owners (clauses 1, 2 of article 39 of the LCD).

To protect the interests of persons owning property in an apartment building on the right of ownership, there is a system of insurance of an aggregate type. It includes the following types of insurance:

• insurance residential apartments;
• insurance of common property of owners of apartments in apartment buildings;
• liability insurance of the MA in case of damage to the premises during the performance of various works, both current and repair.

Most often, the owners of residential premises of an apartment building choose to insure only their apartments, perhaps because with non-residential premises there are certain difficulties.

Let's give an example

The State Duma withdrew the bill on compulsory insurance residential real estate. It was initiated in order to prevent accidents in residential buildings caused by various reasons, including the improper use of gas equipment. Such situations, unfortunately, Lately more and more, and as a result of such events, people often die. It was assumed that the bill would be mandatory for apartment owners, regardless of their citizenship. The law dealt with the deprivation of the homeowner of the right of ownership in case of refusal of insurance.

If this law was adopted, then a modern, simple and effective system would be established to help individuals restore (or acquire) apartments or houses after federal, interregional, regional emergencies, which may be various kinds of natural disasters. Such problems would be solved through insurance, which would reduce the cost of money from the budget to eliminate the consequences of natural disasters. But in the end we decided to keep voluntary order implementation of this procedure.

Now voluntary insurance of common property is carried out in accordance with the Appendix to the Decree of the Government of Moscow dated June 13, 2006 No. 391-PP, and we will take it as a basis in this article.

The property insurance contract for an apartment building states that the insurer is obliged to pay the insured or other person specified in the contract insurance compensation in the amount specified in the contract in the event of insured event. The insured is obliged to pay regularly insurance premium in favor of the insurer.

Insurance of non-residential premises of an apartment building is beneficial for owners, because this increases the protection of their property, since the cost of a residential building in an apartment building also includes the cost of a number of common non-residential premises. To make it clearer, let's give an example: an apartment in a building with an elevator will cost you more than without it.

And yet, if there was a case with especially serious consequences (an apartment building collapsed as a result of an earthquake), then compensation for damage cannot consist only of insurance compensation owners of residential premises (apartments), since the house also had common property.

There is a difference between insuring houses and apartments: a house is a collection of real estate, and an apartment is just one living space located in a house.

Next, we will consider the general provisions of insurance of joint property in an apartment building using the example of the Appendix to Decree of the Government of Moscow of June 13, 2006 No. 391-PP “On measures to develop insurance of common property of owners of premises in apartment buildings”.

Clause 2.1 of the Annex to Decree of the Government of Moscow No. 391-PP dated June 13, 2006 states that all common property belongs to insurance objects, except for a plot of land with landscaping and landscaping elements on which an apartment building is located (Article 36 of the RF Housing Code and Decree of the Government of the Russian Federation of August 13, 2006 No. 491).

Important!

The following common property is not subject to insurance:

• in emergency apartment buildings;
• in apartment buildings vacated in connection with the upcoming demolition, reconstruction, conversion into non-residential buildings, with the withdrawal of a land plot and for other reasons;
• apartment buildings located in an area prone to natural disasters, from the moment such a threat is announced in the prescribed manner or the competent authorities draw up an appropriate document confirming the fact of the threat (clause 2.3 of the Appendix to Decree of the Government of Moscow dated 13.06.2006 No. 391-PP).

There are two parties to the insurance contract for the common property of an apartment building:

• insurer ( Insurance Company) - a legal entity with a license to carry out property insurance;
• the insured is the owners of premises in an apartment building, an HOA (or other cooperative), a managing organization.

There is also a beneficiary here - this is the person in whose favor the insurance compensation is paid. The policyholder and the beneficiary may be represented by one person.

The insured undertakes to pay the insurance premium. It turns out that in the case of an agreement between the insurer and the HOA ( managing organization) the community will be the insured, so the timely payment of the premium is its area of ​​responsibility. The insurance company does not take into account the fact that the partnership (organization) protects the interests of the owners of premises in an apartment building, which, in fact, pay the insurance premium.

This insurance option (one of the parties to the contract - the HOA or the managing organization) is considered the most successful. On the basis of paragraphs. 1 p. 1 art. 137 of the RF LC RF HOA may conclude contracts in the interests of its members. What to do in a situation if not everyone joined the HOA? At the general meeting of owners, a decision can be made to authorize the HOA to conclude an insurance contract on behalf and in the interests of all owners. The same option can be used when managing an apartment building by a professional commercial organization.

The beneficiaries in such cases will be the owners of housing in an apartment building. But the civil law states that this status may have a person receiving insurance compensation. But it is more reasonable to indicate a partnership or a managing organization as a beneficiary. In this case, compensation will be transferred to a current account, which not all owners have. And also the HOA or the managing organization will not have a problem related to the return of money received by the owners from the insurer.

Insured and non-insured events, insurance indemnities

In accordance with clause 4.1 of the Appendix to Decree of the Government of Moscow dated June 13, 2006 No. 391-PP, the occurrence of an insured event may be associated with damage or destruction of insured common property as a result of the following events:

• a fire, regardless of in which premises of an apartment building it occurred, and / or lawful actions aimed at its elimination;
• explosion of gas used for domestic needs in residential and / or non-residential premises of an apartment building;
• accidents (damage or failure) of heating systems, water supply, sewerage, internal drains (including the places where water intake funnels interface with the roof) that occurred in residential and / or non-residential premises of an apartment building;
• wind with a speed of more than 20 m/s, tornado, squall and accompanying precipitation;
• illegal actions of third parties.

Such actions can be: intentional damage (or destruction) of the insured property (except for a terrorist attack), damage (or destruction) of the insured property through negligence, hooliganism, acts of vandalism, theft of individual structural elements of the insured property and/or equipment.

Clause 4.2 of the Appendix to Decree of the Government of Moscow No. 391-PP dated June 13, 2006 states that damage or destruction of the insured common property due to the above events cannot be recognized as an insured event if they:

• were planned by the insured;
• associated with non-compliance by the insurer with the rules fire safety established rules and regulations for the maintenance and repair of residential buildings;
• occurred due to the insured's failure to comply with set time requirements (orders) regarding the condition of the insured common property, issued by the relevant supervisory authority;
• associated with the ingress of atmospheric precipitation into common property objects through unclosed windows, doorways or other openings that did not arise due to wind at a speed of more than 20 m / s, a tornado, a squall;
• occurred due to rotting, aging and natural change in the properties of materials of individual elements of the insured common property, wear and tear of equipment;
• terrorist attack;
• military operations, other military events;
• civil war, civil unrest or strikes.

The common property insurance contract for an apartment building uses insurance value protected objects. There is as yet no established methodology for calculating this value, and this is somewhat inconvenient. Clause 3.3 of the Annex to Decree of the Government of Moscow No. 391-PP dated June 13, 2006 states that in Moscow the insurance value of common property corresponds to its real value, calculated according to the methodology approved by the Department of Housing Policy and Housing Fund of Moscow.

When signing the insurance contract, the policyholder transfers the amount of money to the insurer, which is the insurance premium. For its calculation, data on the sum insured and the insurance rate are used.

Sum insured- the maximum possible payment by the insurance company to compensate for damage (clause 3.4 of the Appendix to the Decree of the Government of Moscow of June 13, 2006 No. 391-PP). Its size may correspond to the insurance value.

• structural elements of the house and premises that are not part of the apartments, as well as their decoration (0.07%);
• non-apartment engineering equipment (0.14%);
• lifts, including lift equipment and structural elements of lift shafts, including lifts for wheelchair users transferred to the common property (0.21%).

The insurance rate is approved by the insurer, taking into account the type of property. That is, if the tariff is considered to be 0.1% of the insured value of the structural elements of an apartment building, then the insurance premium in case of building wall insurance (insurance value - 100,000 rubles) is 100 rubles. (100,000 rubles × 0.1%). The insurance premium is paid as prescribed in the contract: all at once or in installments.

Insurance compensation is the money that the insured will receive upon the occurrence of an insured event. The value of this payment for all insured events of any common property should not exceed the value of the following calculation: the sum insured must be deducted from the funds already paid for insured events that occurred with property of this category during the period of the contract (clause 3.7 of the Appendix to the Decree of the Government of Moscow dated 13.06 .2006 No. 391-PP).

An insurance contract for the common property of an apartment building must be concluded on paper, its possible alternative is an insurance policy (certificate, certificate).

Who and how decides on insurance of the common property of an apartment building

In order to resolve all issues related to insurance of the common property of an apartment building, a general meeting will have to be convened. This is important, because in accordance with the insurance contract, the insured pays the insurance premium to the insurer. No matter how the apartment building is managed, this money is paid from the funds of the homeowners. In accordance with the housing legislation of the Russian Federation, the costs associated with the maintenance and repair of the common property of an apartment building must be agreed with the homeowners.

It turns out that the fees for the payment of the insurance premium should be in without fail approved at the general meeting, and it is also necessary to agree with the owners of the costs of creating and executing an insurance contract for the common property of an apartment building.

The decision is up to the owners. Based on paragraph 5 of Art. 46 of the Housing Code of the Russian Federation, a decision adopted at a general meeting must be implemented by all owners, even those who did not participate in the vote.

So, even those homeowners who do not want to insure their property will have to pay an insurance premium if they decide to insure.

The insured must prepare the following papers:

1. Statement.
2. technical documentation to an apartment building.
3. Inventory of common property and assessment of its value.
4. An extract from the decision taken at the general meeting of homeowners.

The choice of an insurance company is carried out on a competitive basis. The insurance contract can be concluded according to the full list of categories or selectively and is usually valid for one year.

Owners spend 15-60 rubles on insurance monthly, this value is calculated taking into account the size of the apartments, the composition and characteristics of the common property in the house.

Insurance of the common property of an apartment building and loss assessment by an insurance company

When concluding an insurance contract, the insurer may require to inspect the property to be insured, and may also appoint an examination to determine its real value (Article 945 of the Civil Code of the Russian Federation).

When the HOA or the Criminal Code find out that an insured event has occurred, they must immediately transfer this information to the insurance company or its representatives. It may also be that the terms and methods of notification of such situations are prescribed in the insurance contract, they must be observed (Article 961 of the Civil Code of the Russian Federation).

If the insured common property is destroyed, the damage will be compensated in the amount of the insured value of this object of common property (clause 6.1 of the Appendix). If this property is damaged or its elements are stolen, then compensation will be calculated as the total estimated cost of the cost of repairing the common property damaged as a result of an insured event (clause 6.2 of the Appendix to Decree of the Government of Moscow dated 13.06.2006 No. 391-PP).

In order to receive the due insurance amount, the HOA or MA are required to submit the following documents to the insurer:

• a statement indicating the insured event and damage to common property;
• a document confirming that the insurance premium was paid (or part of it in case of payment in installments);
• insurance policy (certificate, certificate);

• act of the organization managing the house on the technical cause of the insured event.

Other documents may be required, such as those obtained from the competent authorities, about the event that caused the damage.

Important!

Clause 6.8 of the Appendix to Decree of the Government of Moscow dated June 13, 2006 No. 391-PP states that insurance payment can be transferred to the account of the insured or the organization specified by him, engaged in repair and restoration work (in accordance with the insurance contract).

Since the Criminal Code and the HOA do not have money that they could freely dispose of, they will have to wait for the insurance compensation to be received and only then proceed with the repair. However, all cases must be considered individually. In accordance with Art. 962 of the Civil Code of the Russian Federation, upon the occurrence of an insured event specified in the insurance contract, the insured is obliged to do everything possible to ensure that the possible damage is minimal.

So, if there was a breakdown of intra-house engineering networks, then you need to as soon as possible eliminate it to minimize losses. In the absence of the need to take emergency measures, the HOA or the Criminal Code choose for themselves what to do: repair immediately or wait for the money to be received.

On the basis of the Appendix to the Decree of the Government of Moscow dated June 13, 2006 No. 391-PP, compensation for losses is carried out in the amount of the actual cost or on the basis of the amount estimated cost refurbishment. That is, situations in which the insurance payment does not cover the cost of eliminating the consequences of an insured event are practically impossible.

Suppose that such a situation occurred due to a change in the actual value of common property objects. We will have to collect money from the owners of housing in an apartment building. Homeowners associations and the management company will report on the expenditure of insurance payments at the annual general meeting of the owners of the premises in the house.

Consider an example

The plaintiff claims to compensate for the loss incurred after the payment of the insurance indemnity. The following events took place: in the office of the defendant (management company) in an apartment building there is an apartment of the insured (owner), it was flooded with heavy rain. The plaintiff (insurance company) requires the defendant to compensate for the damage that was caused as a result of the payment of insurance compensation to the insured. By the decision of the Federal Antimonopoly Service of the Volga-Vyatka District dated October 25, 2012 in case No. A29-915 / 2012, the requirement was satisfied, since the defendant is obliged to maintain common property in the proper form. The damage has been proven.

Elevator as an object of insurance

The cost of installing an elevator in an apartment building ranges from 1.5 to 2.5 million rubles, the exact figure is calculated individually and depends on the size of the shaft, the load capacity of the cabin and other parameters.

Thus, insurance of the property of an apartment building, as well as the risks associated with damage and damage to elevators and elevator equipment, makes sense and is becoming an increasingly popular product in the insurance market. Note that property insurance is voluntary and depends on the joint decision of the owners of housing in an apartment building, therefore, for a number of reasons, many citizens still refuse it.

It is necessary to take into account the fact that the use of an elevator is associated with the likelihood of a threat to life, health and property of people, the large amount of material damage caused in the event of possible accidents. For this reason, the mandatory civil liability insurance elevator owners and others dangerous objects in an apartment building has a very high cost.

Based on Art. 5 federal law dated 27.07.2010 N 225-FZ "On compulsory insurance of civil liability of the owner of a hazardous facility for causing harm as a result of an accident at a hazardous facility" elevators, lifting platforms for the disabled, escalators are classified as dangerous objects that must be insured by the owners (civil liability insurance).

At the same time, elevators installed in apartment buildings are not recognized as hazardous production facilities.

In order for everything to be perfectly clear, it is necessary to understand the concept the owner of the hazardous facility. Based on paragraph 4 of Art. 2 of the Law on Compulsory Insurance, one can judge what is necessary an exception individuals who do not entrepreneurial activity, owners of housing and, consequently, common property in an apartment building in which an elevator is installed, from among the owners of a hazardous facility.

Owners must pay a certain amount of money towards the maintenance of common property in proportion to their share; the costs related to the maintenance of the elevator are part of them through the transfer of the functions of managing an apartment building to one of the specialized organizations (HOA, housing cooperative or other management company).

At the same time, these organizations cannot be the owners of a hazardous facility, since they do not have the right to own housing in an apartment building, and, as a result, they do not carry out insurance.

Everything that is in the area of ​​​​responsibility of the Criminal Code, the HOA or the cooperative (one way or another related to ensuring a safe and comfortable living environment in an apartment building) is the organization of emergency dispatch services for an apartment building, regulated by Decree of the Government of the Russian Federation of May 15, 2013 N 416 "On the procedure for the implementation of activities for the management of apartment buildings."

The emergency dispatch service, using the dispatch system, establishes two-way communication with elevator passengers, owners and users of premises in apartment buildings around the clock. Such services are provided on the basis of an appropriate agreement with a specialized organization.

The same applies to other activities Management Company, including the conclusion of contracts for the receipt of specific services (such as insurance of common property, insurance of civil liability of owners of hazardous facilities), which are carried out according to decision of the general meeting of owners housing of an apartment building and are executed in accordance with the contract with the Criminal Code, but are not charged to it by virtue of law.

The HOA can itself initiate insurance of common house property, while the partnership itself will not have any rights to the property, since it is owned by the homeowners, the organization cannot receive any benefits from this.

Common property insurance is not included in the list of services and works required to ensure the maintenance of common property in an apartment building. No official comments were received from the Ministry of Construction, Housing and Communal Services of the Russian Federation regarding the procedure for including insurance fees in payment invoices utilities.

At the same time from department of housing policy and housing and communal services, the following statement is heard: since the elevators and elevator shafts of an apartment building are the common property of the owners of housing in this building, then the owners of the hazardous facility are the owners of the premises, at the expense of which the common property should be maintained, including compulsory civil liability insurance (this is contrary to clause 4, article 2 of the Law on Compulsory Insurance). There are contradictions regarding the use of the elevator and the payment for its maintenance by the owners of the apartment building.

Regulatory legal acts of regional significance provide for voluntary insurance of common property in apartment buildings for the following persons and organizations:

• owners of housing in multi-apartment buildings of the housing stock in Moscow;
• HOA of this apartment building, housing cooperatives and other specialized consumer cooperatives created by the owners of the premises to manage joint property and provide housing and communal services;
• MC at the choice of owners.

The objects of insurance also include elevator equipment, structural elements of elevator shafts, lifts (platforms) for the movement of wheelchair users.

We would like to add a few more words about state municipal enterprises that own property under the right of economic management: state and municipal institutions own an apartment building on the right of operational management.

It would be correct to say exclusion from the number of owners of a dangerous object individual entrepreneurs . They own a space in an apartment building and use an elevator, but they do not use the apartment as an object from which to generate rental income. Renting an elevator in this case is not possible.

If an apartment building is bought by an individual entrepreneur or any organization in order to make a profit from renting out the premises, the hazardous facility will be maintained at the expense of the owners, and the tenants will incur additional costs associated with this. But if only a part of the premises is rented out with the right of use and ownership reserved for the owners of the rest of the housing, then the elevator can be maintained at the expense of the tenant and the owner (in proportion to the size of the property).

The insurer of the common property and civil liability of the owner of a hazardous facility in an apartment building when renting out may be the owner or the tenant.

So, common property insurance apartment building consists of combined elements property insurance, it takes into account the interests of owners (both individuals and legal entities). Its features and practical relevance allow us to single out a specific or subspecific characteristic of insurance.

How older house, the more often they turn to such insurance, which is explained as follows: the funds collected in the fund overhaul, can no longer compensate for the costs of repairs or the acquisition of new common property (including elevators).

All that remains is approve ZhK RF and the Law on Compulsory Insurance in terms of a uniform understanding of the owner of a hazardous facility in relation to elevator equipment and elevators in an apartment building.

Expert opinion

It is wrong to oblige the management company to be responsible for elevator insurance

D. P. Gordeev,

Leading Legal Counsel, Urban economy» Fund "Institute of Urban Economics"

There are cases when the regulatory authorities applied to the court in order to oblige the management company to insure elevators in an apartment building, since they did not see the difference between the following concepts: "management of an apartment building", "the right of economic management", "the right of operational management", "on a different legal basis and operating a hazardous facility. But this is not true.

Articles 162 and 164 Housing Code The Russian Federation and the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, states that the Criminal Code is obliged to maintain and repair elevators as one of the elements of common property in an apartment building.

An apartment building, as well as the common property of an apartment building, cannot be transferred into the possession of a managing organization (in accordance with the norms of civil and housing legislation).

Moscow housing insurance system

In order to protect the property interests of residents, the city government has introduced a housing insurance system in Moscow, which includes voluntary insurance of residential premises and voluntary insurance of common property of owners of premises in apartment buildings. This system is an element of the State Medium-Term Program of Moscow "Housing" for 2012-2018 and is implemented taking into account the following legal acts:

• Law of the City of Moscow dated January 27, 2010 No. 2 “Fundamentals of the Housing Policy of the City of Moscow” (Art. 24);
• Decree of the Government of Moscow dated October 1, 2002 No. 821-PP "On measures for the further development of insurance of residential premises in the city of Moscow";
• Decree of the Government of Moscow dated June 13, 2006 No. 391-PP "On measures to develop insurance of the common property of owners of premises in apartment buildings."

To implement the insurance system, insurance organizations are selected on a competitive basis and contracts are concluded between them and the Center for Housing Insurance.

Coordinates the project state-financed organization Moscow City Center for Property Payments and Housing Insurance , authorized by the Government of Moscow to protect the property interests of homeowners in apartment buildings:

• coordinates and controls the activities of insurance organizations within the framework of the residential premises and common property insurance system;
• ensures the development of regulations and methodological documents development of the insurance system;
• pays insurance premiums in proportion to the city's share in the ownership of the common property;
• in case of damage to the insured object, pays an insurance subsidy from the Moscow government;
• enters into contracts for financing measures to prevent insured events in apartment buildings.

The Moscow Government helps to compensate for damage in the following insurance cases:

• in case of damage to the premises, the insurers receive an insurance subsidy from the city budget;
• if the dwelling is destroyed (or declared unfit for habitation), the citizens registered in it at the place of residence are provided with other comfortable housing in accordance with the standards for provision.

Thanks to the participation of the Moscow government, it turns out to be profitable to apply the insurance tariff. Apartment insurance becomes several times cheaper compared to commercial insurance in case of similar insurance coverage. The average price of apartment insurance is 90 rubles per month.

This residential insurance system has been operating for 21 years, during which time money was paid to compensate for damage to 185,000 apartment owners.

In 2016, 212.618 million rubles were paid out, including a budget subsidy of 31.791 million rubles, for 6,709 insured events.

Insurance companies are selected exclusively through open competition.

In 2015-2017, AlfaStrakhovanie OJSC (CJSC), LLC VTB Insurance"(Southern Administrative District, SEAD), CJSC "VSK" (SZAO, SZAO), CJSC "MAKS" (SAO), JSC "SOGAZ" (VAO, CAO), LLC "SK "Consent".

Insurance of the common property of owners of premises in apartment buildings allows you to protect the interests of owners who maintain common property and are at risk of losing it. Thanks to insurance, this risk can be divided between the insurer and the Moscow government, since in the event of an insured event, not only insurance compensation will be paid, but also an insurance subsidy from the city budget in the amount of 25% of the amount of damage. The amount of damage is calculated based on the estimated cost restoration work.

You can insure not only against the risks that arise in residential premises, but also against the illegal actions of third parties.

Community property insurance is also available for apartment buildings that receive subsidies from the city budget for maintenance and repairs. To make a decision on insurance, it is necessary to convene a general meeting of the owners of the premises.

If the apartment building has premises owned by the city, the Moscow City Property Department pays insurance premiums for the city's share in the common property.

• As of January 1, 2017, 2,479 common property insurance contracts were concluded.
• In 2016, 1.061 million rubles were paid. for 20 insured events, including a budget subsidy of 271.4 thousand rubles.
• In 2017, VTB Insurance reimbursed RUB 2 million for property damage common use and several apartments due to a fire that occurred in a residential building on Shipilovskaya Street in Moscow. The fire damaged the finishes, electrical equipment, engineering Communication, a passenger-and-freight elevator, which were insured in accordance with the city's common property insurance program, and the finishing of three apartments insured under the residential premises insurance program with the participation of the Moscow government.

To pay or not to pay for the service home insurance, which in many regions of Russia is included in payment documents, - hot topic. Therefore, the Ministry of Finance of the Russian Federation published clarifications “On insurance of residential premises owned by citizens” in order to reassure the owners of premises.

After all, the conclusion of an apartment or house insurance contract is a right, not an obligation.

The amounts of insurance premiums for home insurance are included in payment documents, including payment for housing and utilities, in many subjects of Russia. However, note that they do not affect total amount payments if the owner is not a member of the voluntary insurance program.

This means that if the owner of the premises has not concluded a home insurance contract and has not paid the first installment, then he does not need to pay for the service.

Why you need home insurance

The home insurance service was introduced in order to protect the property rights of owners in case of emergencies. As of June 2016, according to the Ministry of Emergency Situations of the Russian Federation, there were 47,908 fires in the residential sector.

The causes of fires are different, but the damage must be compensated by the guilty party. In order not to waste time on proceedings and your money, you can sign a voluntary home insurance contract. In the regions where the insurance program operates, such a service is included in payment documents.

By utility bills housing can be insured:

• owner or tenant of residential premises, with registration in them at the place of residence, their legal representatives;
• the subtenant of the premises, the owner of which is the city or district, with registration in it at the place of residence;
• user of housing (owner - city or district), transferred under a contract of sale with installment payment and registration in it at the place of residence.

Insurance indemnity is paid in case of damage or complete destruction of housing due to:

• fire,
• gas explosion,
• accidents of engineering networks (water supply, sewerage, heating), including the bay,
• lightning strike,
• natural Disasters.

Why the service home insurance included in the payment? This is done for the convenience of the owners. When it comes time to pay utility bills, everyone can decide for themselves whether to agree to home insurance or not.

Clarifications of the Ministry of Finance of the Russian Federation

According to paragraph 1 of Art. 935 of the Civil Code of the Russian Federation, citizens can be required to insure:

• the life, health or property of others,
• the risk of civil liability.

Thus, it is impossible to impose on the owner the obligation to insure property under the Civil Code of the Russian Federation.

The Ministry of Finance of the Russian Federation indicates that, in accordance with Art. 30 of the Housing Code of the Russian Federation, the owner of housing owns, uses and disposes of housing and bears the burden of its maintenance. According to paragraph 4 of this article, the homeowner must maintain the premises in good condition.

Therefore, the property interest of the owner, which is aimed at preserving housing and receiving monetary compensation in case of its loss or malfunction, can be protected by concluding home insurance contract.

At the same time, it is up to the owner to decide whether it is necessary to insure housing or not. The insurance contract is concluded in writing (clause 1, article 940 of the Civil Code of the Russian Federation), otherwise the contract is declared invalid.

According to paragraph 2 of Art. 940 of the Civil Code of the Russian Federation, an insurance contract is concluded in two ways:

• one document is made
• after a written or oral application, the insurer hands over the insurance policy to the policyholder.

Therefore, the insurance company's insistence on paying for services home insurance when a voluntary insurance contract has not been concluded with the owner, illegally.

Before deciding to conclude home insurance contracts before paying insurance premiums, the owner must read the terms and conditions of insurance. In addition to the grounds for refusing an insurance payment, the Ministry of Finance of the Russian Federation recommends Special attention refer to the list of insurance companies:

• risks,
• amounts,
• contributions,
• payments.

Offers in receipts are an offer

The Ministry of Finance of the Russian Federation explains that proposals for insurance of premises, which are printed in payment documents should be regarded as an offer, that is, a proposal to conclude an agreement.

Therefore, owners should be aware of significant terms of the contract social insurance . According to Art. 432 of the Civil Code of the Russian Federation, the contract will be considered concluded if the person to whom the offer is addressed has accepted it. It is important to understand that silence and non-payment of the proposed service is not considered consent.

Moscow 2007

This methodological guide has been developed to assist the owners of premises in exercising their rights to ensure insurance coverage of common property in multi-apartment buildings.

It can be used in the work of executive authorities and local self-government, managing organizations, housing associations of citizens, as well as initiative groups of residents.

Introduction

As a result of privatization, a significant part of the housing stock became the property of citizens who received the right to sell, buy, bequeath, inherit, donate real estate acquired under a free transfer of ownership agreement. Many families were able to solve their housing problems and improve living conditions.

The share of private apartments in the city's housing stock is constantly growing: they become owners under a contract of sale and other civil law contracts. Along with the attractive aspects of owning real estate, the current legislation imposes obligations on the owners to maintain and preserve their property. Does the owner always know where the boundaries of his possessions are? A common misconception is that only the apartment belongs to him, and what is beyond the threshold of the apartment is not his.

The owner is ready to spend significant funds on the repair and improvement of the home: the replacement of window blocks, doors, plumbing. Gradually getting used to the idea of ​​the need to insure his apartment. Half of the apartments in the capital are already insured. Muscovites prefer insurance on the terms of the city program: affordable and reliable. Every year 15,000 families receive targeted financial assistance for the restoration of housing damaged by fires and various accidents. The Government of Moscow guarantees the provision of housing in exchange for the lost as a result of insured events.

But fire and water also do not spare roofs, basements, attics, elevators, stairwells, extra-apartment communications in our houses - what experts call "common property in an apartment building." Think about who in such cases should pay for expensive unscheduled repairs?

In accordance with Articles 210, 211, the owner bears full responsibility for the living quarters belonging to him and the share of common property in an apartment building in the event of their damage or destruction. This means that the elimination of the consequences of a fire or an accident will result in significant losses for the owner, which cannot always be compensated with personal funds. This issue is especially acute in houses managed by homeowners' associations, housing and housing construction cooperatives (, and). The timely conclusion of an insurance contract on the terms of the city program allows the owners to share the burden of the costs of restoring the housing stock with the insurer and the Moscow Government.

The decisions of the Government of Moscow determined the main directions for the transition from insurance of residential premises to the creation of a comprehensive insurance system, including:

• insurance and insurance of objects of common property of owners of premises in apartment buildings (with equity participation insurance organizations and the Government of Moscow in compensation for damage);
• insurance of civil liability of contractors carrying out work on the maintenance and repair of residential buildings, in-house engineering communications and equipment (damage is compensated by insurance companies without the participation of the city).

One of the promising areas - voluntary insurance of common property, began with residential buildings managed by homeowners' associations. Then this type of insurance was extended to housing and housing cooperatives. Practice has shown that this is profitable and affordable for most Moscow families: with a monthly insurance premium of 15-25 rubles, payments for insured events reached 500 thousand rubles. Since 2007, the insurance service can be used by owners of premises in multi-apartment buildings who have chosen the method of building management.

Undoubtedly, common property insurance will become as popular among residents of the metropolitan metropolis as apartment insurance, and will allow you to maintain peace and tranquility in your home.

Dear Muscovites! If your home is dear to you, if you want to avoid unforeseen expenses for restoration repairs, protect the interests of your family, take advantage of the insurance benefits provided by the Moscow Government.

Insurance of common property in apartment buildings

General provisions

Common property insurance in apartment buildings ensures the safety of the city's housing stock, compensation for property losses to owners of premises in the event of damage or destruction of common property, as well as a reduction in city budget expenses for their restoration in case of damage caused by accidental adverse circumstances.

Damage caused to objects of common property shall be compensated by means of insurance organizations and the city budget. The ratio of liability between insurance organizations and the Moscow Government is established by regulatory legal acts of the Moscow Government.

Common property insurance is carried out on the principle of voluntariness and does not restrict the rights of citizens to insurance on other conditions.

The insurers of common property on the basis of an instruction drawn up by the minutes of the decision of the general meeting of owners of the premises, within the limits of the delegated powers, can be:

• owners of premises in apartment buildings;
• legal entities in which economic management or operational management are premises in apartment buildings;
• an association of homeowners operating in the house, a housing cooperative, another specialized consumer cooperative created by the owners of the premises in order to manage common property and provide housing and communal services;
• managing organization chosen by the owners of the premises.

Insurers insurance companies are selected based on the results of an open tender for the right to participate in the insurance of housing facilities held in 2005. The main criteria for evaluating participants: financial stability, experience in real estate insurance, the quality of insurance services offered. Competition winners: Moscow Joint-Stock Insurance Company (MAKS), Moscow Insurance Company (MSK), Spasskiye Vorota Insurance Group, UralSib Insurance Group, Military Insurance Company (VSK), ROSNO, MESCO.

The organization authorized by the Government of Moscow to ensure the implementation of insurance protection of property interests in the housing stock of the city is government agency of the city of Moscow "City Center for Housing Insurance" . The City Center for Home Insurance coordinates and controls the activities of insurers under the residential premises and common property insurance program, pays budgetary funds in the amount of responsibility of the Moscow Government in addition to the insurance compensation of the insurance company.

The participation of insurers in the insurance of common property is carried out on the basis of agreements with the City Center for Housing Insurance, concluded on the basis of the results of a competitive selection of insurance organizations.

Objects of insurance

Objects classified as common property in an apartment building by the Housing Code of the Russian Federation and Decree of the Government of the Russian Federation dated August 13, 2006 No. 491 "On Approval of the Rules for Maintaining Common Property in an Apartment Building and in the event of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration", with the exception of the land plot on which the this house, as well as landscaping and landscaping elements located on this land plot.

Objects of common property for insurance purposes are divided into the following categories:

• structural elements of the house and their decoration, premises that are not part of the apartments and intended to serve more than one room in the house, and their decoration;
• non-apartment engineering communications and equipment;
• elevator equipment, structural elements of elevator shafts.

The objects of common property in multi-apartment buildings are accepted for insurance, in which the owners of the premises have chosen the method of managing the house, including HOA houses, ZhK and ZhSK. Another condition is that allocations in the budget of the city of Moscow are provided for the costs of operating houses.

Common property in multi-apartment buildings cannot be the object of insurance:

• recognized as emergency;
• subject to release in connection with the demolition, reconstruction, conversion into non-residential, with the withdrawal of a land plot, etc.;
• located in a zone threatened by natural disasters, from the moment such a threat is announced in the prescribed manner or the competent authorities draw up an appropriate document confirming the fact of the threat.

Insurance contract

General property insurance is carried out on common conditions using insurance rates and structure tariff rates developed by insurers jointly with the Department of Housing Policy and Housing Fund of the city of Moscow and agreed with Federal Service insurance supervision of Russia.

The insured value of common property objects is determined at the time of the conclusion of the contract in accordance with the methodology approved by the Department of Housing Policy and the Housing Fund of the City of Moscow.

The sum insured is set at the rate of a part of the insured value of common property in proportion to the amount of the insurer's liability for damages.

The amount of the insurance premium (contribution) is calculated on the basis of the sum insured and insurance rate. Insurance rates for various groups common property are:

• 0.1% for structural elements, etc.;
• 0.2% for non-residential equipment;
• 0.3% for elevator equipment.

The insurance contract can be concluded as complete list categories of common property, as well as for its individual categories.

Payment of the insurance premium is made by the insured at a time or in installments in accordance with the terms of the insurance contract.

Payment of the insurance premium in part of the share of the city of Moscow in the common property is made by the City Center for Housing Insurance to the settlement account of the insurance organization. In 2007, expenditures for these purposes are financed under the budget item of the city of Moscow "Expenses for insurance of common property in apartment buildings".

The amount of insurance indemnity for each next insured event for each category of common property cannot exceed the difference between the sum insured established in the contract for this category and previously made payments for insured events that occurred with property of this category during the period of validity of the contract.

In case of payment insurance premium in the amount less than the calculated amount, the amount of compensation of the insurance company and the amount of paid budget funds calculated in proportion to the ratio of the paid insurance premium (insurance premium) to the payable in accordance with the terms of the insurance contract.

The insurance contract is concluded for a period of 1 year and begins to operate from 00:00. 00 min. the day following the day of payment of the insurance premium (the first insurance premium).

To conclude an insurance contract, contact insurance organization, selected by the results of the competition for insurance of residential premises and objects of common property in the territory of your county. The insurance company must submit:

• statement;
• technical certificate mood;
• description of the common property in the house (if any);
• floor plan and explication;
• an extract from the decision of the general meeting of the owners of the premises or the results of their absentee voting.

The insurance organization, together with the City Center for Housing Insurance and the insured, conducts an inspection of common property objects with the preparation of an inspection report.

Insured events

Insured events are damage or destruction of insured common property as a result of the following events:

• fire (exposure to flame, smoke, high temperature during a fire), including that that occurred in residential and / or non-residential premises of an apartment building, as well as carrying out lawful actions to eliminate the fire;
• explosion of gas used in the gas supply system of an apartment building for domestic needs, including those that occurred in residential and / or non-residential premises of this house;
• accidents of heating systems, water supply, sewerage, as well as internal drains (including the places where water intake funnels interface with the roof), including those that occurred in residential and / or non-residential premises of an apartment building. Damage (destruction) of the insured common property as a result of lawful actions to eliminate accidents in heating systems, water supply, sewerage, internal drains is equated to damage (destruction) of common property due to the accidents of these systems themselves;
• strong wind (over 20 m/s), tornado, squall, as well as accompanying atmospheric precipitation;
• illegal actions of third parties.

Plumbing, heating, sewerage systems include public water supply, heat supply and sewerage systems, including permitted building codes and rules for application in relevant engineering networks pipelines, elements, devices, equipment, instruments.

Not applicable to the following systems:

• additional (not provided for by the projects of apartment buildings in which common property objects are insured) sanitary appliances and equipment, installed in violation of the established procedure for the reconstruction of residential and / or non-residential premises, to the nodes of spillway and water folding (shut-off) valves, ensuring their connection to pipelines systems of municipal water supply, heat supply and sewerage.

An accident should be understood as damage or failure of both the system as a whole and its individual parts (elements), resulting in damage to common property. At the same time, accidents do not include changes in the parameters of the heating system that caused damage to property, which are not associated with the destruction (damage) of the elements of this system and did not lead to the release of water, other liquids or steam from the system.

TO illegal actions include: intentional damage (destruction) of the insured property (with the exception of an act of terrorism), damage (destruction) of the insured property through negligence, hooliganism, acts of vandalism, theft of individual structural elements of the insured property and / or equipment.

Insured events do not include damage or destruction of the insured common property if they occurred as a result of:

• intentional actions of the insured;
• non-observance by the insured of the rules of fire safety, established rules and norms for the maintenance and repair of residential buildings;
• non-compliance by the insured within the established period with the requirements (orders) regarding the condition of the insured common property, issued by the relevant supervisory authority;
• atmospheric precipitation penetration into premises and other objects of common property through unclosed windows, doorways or other openings, unless these openings were caused by strong wind (over 20 m/s), tornado, squall;
• rotting, aging and natural change in the properties of materials of individual elements of the insured common property, wear and tear of equipment;
• terrorist act;
• military operations, other military events;
• civil war, civil unrest or strikes.

Obligations of the Moscow Government

In the event of an insured event, compensation for damage caused to common property is carried out on the principle of shared responsibility of the Moscow Government and insurance organizations (respectively, 40% and 60% of the cost of damage). In order to fulfill the obligations of the Moscow Government under insurance contracts, the city budget provides for an article "Compensation for damage caused to residential premises and common property in apartment buildings as a result of insured events, in accordance with the obligations of the Moscow Government."

Obligations of the Moscow Government are established when concluding an insurance contract. The insurance contract (policy, certificate, certificate) must contain information on the amount of liability of the Moscow Government to compensate for damage caused to common property.

In case of misuse of budgetary funds by the insurer, they must be returned to the budget.

Procedure and conditions for indemnification

In case of destruction of the object of the insured common property, the damage is compensated in the amount of its insured value.

In case of damage to objects of the insured common property or theft of its individual elements, the amount of indemnified damage is determined based on the estimated cost of the cost of restoration repairs. The amount of indemnified losses for each category of property and for groups of elements (structures) of the same type cannot exceed the insurable value of the insured property.

This does not take into account:

• change in the percentage of wear of structural elements and finishing elements during the term of the contract;
• damage associated with events that occurred before or after the end of the contract, or with previous insured events and not eliminated by the policyholder before the last insured event.

Additional expenses (expenses) caused by the urgency of carrying out restoration work, improvement of the insured property, temporary or preventive repairs are not reimbursed.

In case of damage to common property as a result of unlawful actions of individuals, an amount equivalent to two minimum dimensions wages in the Russian Federation.

After the insurer recognizes the fact of the occurrence of an insured event and makes a decision on the payment of insurance compensation, the materials of the insurance investigation are transferred by the insurer to the City Center for Home Insurance (hereinafter referred to as the Center), which, based on the results of consideration of the materials received, makes a decision on compensation for losses in part of the responsibility of the Government of Moscow. The Center has the right to request from the insured, the insurer and the competent authorities additional documents needed to make a decision.

If a criminal case has been initiated against the insured on the facts related to the occurrence of an insured event, the decision on compensation for losses is suspended until the end of the investigation or court decision.

Payment of insurance compensation and budgetary funds is made by cashless payments to the account of the insured or on his behalf - to the account of a specialized contractor that performs the restoration of common property on the basis of an agreement with the insured.

In the event of full or partial compensation for the damage caused by the guilty person, the insurer and the Center are released from their obligations to compensate for losses to the insured in an amount equal to that received from the guilty person (in proportion to the established amount of liability).

Upon the occurrence of an insured event the insured must:

• immediately report it to the fire service, emergency services and other competent authorities;
• within three working days from the date of establishing the fact of damage or destruction of the insured property, report the incident to the insurance company.

To claim damages The policyholder must submit the following documents to the insurance company:

• a statement indicating the insured event and damage to common property;
• a document confirming the fact of payment of the insurance premium (when paying the insurance premium in installments);
• insurance policy.

If necessary, the policyholder provides other documents about the event that caused the damage, including from the competent authorities.

List of regulatory documents

1. Civil Code of the Russian Federation.

2. Housing Code of the Russian Federation.

3. Decree of the Government of the Russian Federation of August 13, 2006 No. 491 "On approval of the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of payment for the maintenance and repair of residential premises in the event of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with breaks exceeding the established duration.

The Housing Code provides for the possibility of insuring residential premises. According to Article 21 of the RF LC, it is carried out in accordance with the law. There are no special requirements in the legislation regarding insurance of residential premises, as well as a ban on insurance of non-residential premises and common property in an apartment building. Therefore, it is necessary to follow general provisions civil legislation and the Law of the Russian Federation "On the organization of insurance business in the Russian Federation".

Insurance of common property in an apartment building refers to voluntary property insurance (Articles 927, 929, 930 of the Civil Code of the Russian Federation).

Under a common property insurance contract, one party (the insurer) undertakes, for the fee stipulated by the contract (insurance premium), upon the occurrence of an event (insurance event) provided for in the contract, to compensate the other party (the insured) or another person in whose favor the contract was concluded (the beneficiary) caused by of this event, losses in the insured property (to pay insurance compensation) within the amount specified by the contract (sum insured).

Let us consider the basic principles of insurance of common property using the example of the Appendix to Decree of the Government of Moscow dated 13.06.2006 No. 391-PP "On measures to develop insurance of common property of owners of premises in apartment buildings" (hereinafter referred to as the Appendix to Decree of the Government of Moscow dated 13.06.2006 No. 391-PP). PP).

Clause 2.1 of the Appendix to Decree of the Government of Moscow dated 13.06.2006 No. 391-PP includes all common property in insurance objects in accordance with Article 36 of the RF LC and Decree of the Government of the Russian Federation dated 13.08.2006 No. 491, except for the land plot on which the apartment building is located , with elements of landscaping and landscaping.

Common property in multi-apartment buildings cannot be the object of insurance:

duly recognized as emergency;

subject to release in accordance with the established procedure in connection with the demolition, reconstruction, conversion into non-residential, with the withdrawal of a land plot and on other grounds;

located in a zone threatened by natural disasters, from the moment such a threat is announced in the prescribed manner or the competent authorities draw up an appropriate document confirming the fact of the threat (clause 2.3 of the Appendix to Decree of the Government of Moscow dated June 13, 2006 No. 391-PP).

The parties to the insurance contract are:

insurer (insurance company) - a legal entity licensed to carry out property insurance;

the insured is the owners of premises in an apartment building, an HOA (another cooperative) or a managing organization.

In addition, the beneficiary is involved in the relations under consideration - the person to whom the insurance compensation is paid. The insured and the beneficiary may be the same person.

The policyholder is liable to pay the insurance premium. Thus, if an HOA (management organization) concludes an agreement with an insurer, it is it that is the insured and is responsible for the late payment of the premium. For the insurance company, it does not matter that the partnership (organization) acts in the interests of the owners of the premises in the house, at the expense of which the insurance premium is paid.

It is this option, in which the HOA (managing organization) acts as a party to the contract, that is the most acceptable. In accordance with subclause 1, clause 1, article 137 of the LC RF, the partnership has the right to conclude agreements in the interests of its members. But what if not all the owners in the house are HOA members? The general meeting of all owners has the right to authorize the HOA by its decision to conclude an insurance contract on behalf and in the interests of all owners. The same is true if the house is managed by a professional commercial organization.

Ultimately, the beneficiaries are always the owners of the premises in the house. However, within the framework of civil law, this status is assigned to the person to whose account the insurance indemnity is received. Again, it is most rational to appoint a partnership or management organization as a beneficiary. In this case, the money will go to the current account, which all owners do not have. In addition, the HOA (managing organization) will not need to solve the problem of the return of funds received directly from the insurance company to the owners.

According to clause 4.1 of the Appendix to Decree of the Government of Moscow dated June 13, 2006 No. 391-PP, damage or destruction of objects of the insured common property as a result of the following events are recognized as insured events:

fire, including that that occurred in residential and / or non-residential premises of an apartment building, as well as carrying out lawful actions to eliminate it;

explosion of gas used in the gas supply system of an apartment building for domestic needs, including those that occurred in residential and / or non-residential premises of this house;

accidents (damage or failure) of heating systems, water supply, sewerage, as well as internal drains (including the places where water intake funnels interface with the roof), including those that occurred in residential and / or non-residential premises of an apartment building;

strong wind (over 20 m/s), tornado, squall, as well as accompanying atmospheric precipitation;

illegal actions of third parties.

Illegal actions include intentional damage (destruction) of the insured property (except for an act of terrorism), damage (destruction) of the insured property through negligence, hooliganism, acts of vandalism, theft of individual structural elements of the insured property and / or equipment.

In accordance with clause 4.2 of the Appendix to Decree of the Government of Moscow dated 13.06.2006 No. 391-PP, insured events do not include damage or destruction of the insured common property due to these events, if they occurred as a result of:

intentional actions of the insured;

non-observance by the insured of the rules of fire safety, established rules and norms for the maintenance and repair of residential buildings;

non-compliance by the insured within the established period with the requirements (orders) regarding the condition of the insured common property, issued by the relevant supervisory authority;

atmospheric precipitation penetration into premises and other objects of common property through unclosed windows, doorways or other openings, unless these openings were caused by strong wind (over 20 m/s), tornado, squall;

rotting, aging and natural change in the properties of materials of individual elements of the insured common property, wear and tear of equipment;

terrorist act;

military operations, other military events;

civil war, civil unrest or strikes.

The main unit of account in the contract of insurance of common property is the insurance value of objects of common property. Currently, the methodology for calculating this cost has not been approved at the federal level, which complicates the insurance process. According to clause 3.3 of the Appendix to Decree of the Government of Moscow dated June 13, 2006 No. 391-PP in Moscow, the insurance value of common property is equal to its actual value, determined in accordance with the methodology approved by the Department of Housing Policy and Housing Fund of Moscow.

When concluding an insurance contract, the policyholder pays the insurance premium to the insurer, which is calculated based on the sum insured and the insurance rate. Sum insured - sum of money, within which the obligations of the insurance company to compensate for damage are established (clause 3.4 of the Appendix to the Decree of the Government of Moscow dated 13.06.2006 No. 391-PP). It can be equal to the insurance value. The insurance rate is approved by the insurance company in relation to the type of property. For example, at a rate of 0.1% of the insured value of the structural elements of the building, the insurance premium for insuring the walls of the house (insurance value - 100,000 rubles) is 100 rubles. (100,000 rubles x 0.1%). The insurance premium is paid in a lump sum or in installments in accordance with the terms of the contract.

Insurance indemnity - the amount of money paid to the insured upon the occurrence of an insured event. The amount of insurance compensation for each next insured event for each category of common property cannot exceed the difference between the sum insured established in the contract for this category and previously made payments for insured events that occurred with property of this category during the period of the contract (clause 3.7 of the Annex to the Resolution Government of Moscow dated June 13, 2006 No. 391-PP).

The insurance contract is writing, to which the issuance is equated insurance policy(certificates, certificates).

The need to hold a general meeting on the issue of insurance of common property in an apartment building is due to the following circumstances. Under the insurance contract, the policyholder must pay the insurance premium to the insurer. With any method of management, this amount is paid by the owners of the premises in the house. According to the housing legislation, the costs of maintaining and repairing common property in the house must be agreed upon by the owners. Thus, for the legitimacy of collecting amounts from residents for the payment of an insurance premium, the costs associated with the conclusion and execution of a common property insurance contract must be approved at a general meeting.

At the same time, "collective intelligence" rises above the principle of voluntariness of property insurance. In accordance with paragraph 5 of article 46 of the LC RF, the decision of the general meeting of owners of premises in an apartment building is binding on all owners, including those who did not take part in the voting or voted against. Thus, owners who do not want to insure common property will still be forced to pay money towards the insurance premium if such expenses are approved by the general meeting of owners in the house.

When concluding a contract, the insurer has the right to inspect the insured property, and, if necessary, appoint an examination in order to establish its actual value (Article 945 of the Civil Code of the Russian Federation).

After the HOA (management organization) became aware of the occurrence of an insured event, it is obliged to immediately notify the insurer or its representative about this. If the contract provides for a period and (or) method of notification, they must be observed (Article 961 of the Civil Code of the Russian Federation).

In case of destruction of the object of the insured common property, the amount of indemnified losses is determined in the amount of the insured value of this object of common property (clause 6.1 of the Appendix). In case of damage to the objects of the insured common property or theft of its individual elements, the amount of indemnified losses is determined based on the total estimated cost of the cost of restoring the repair of the common property damaged as a result of an insured event (clause 6.2 of the Appendix to Decree of the Government of Moscow dated 13.06.2006 No. 391 -PP).

As stated in clause 6.8 of the Appendix to Decree of the Government of Moscow No. 391-PP dated June 13, 2006, the payment of insurance compensation can be made both to the account of the insured and to the account of the contracting organization indicated by him, performing the restoration repair of common property on the basis of an agreement with the insured.

Since managing organizations, and especially homeowners associations, do not have free in cash, it makes sense to wait for the payment of insurance compensation and not start repairs before the receipt of funds. However, it all depends on the insured event. It is necessary to take into account Article 962 of the Civil Code of the Russian Federation, according to which, in the event of an insured event, stipulated by the agreement property insurance, the policyholder is obliged to take reasonable and available measures in the circumstances to reduce possible losses. The insurer shall be released from indemnification for losses incurred as a result of the fact that the insured has deliberately failed to take reasonable and accessible measures to reduce possible losses. Thus, if we are talking about an accident on intra-house engineering networks, it is necessary to carry out repairs as soon as possible, including in order to reduce losses. If the insured event does not require urgent action, the HOA (managing organization) has the right to choose any course of action - to wait for insurance compensation or to receive compensation for their costs later.

Under the terms of the Appendix to the Decree of the Government of Moscow dated June 13, 2006 No. 391-PP, losses in the event of an insured event are compensated in the amount of the actual cost or based on the estimated cost of the restoration repair. Thus, the situation in which the insurance payment is not enough to eliminate the consequences of an insured event is practically excluded. However, if this does happen (for example, the actual value of common property objects will change), there is only one way out - to collect additional funds from the owners of premises in an apartment building. The HOA and the managing organization will be held responsible for spending the received insurance compensation at the annual general meeting of the owners of the premises in the house.

Let's consider an example: Claim for recovery of damage caused as a result of payment of insurance indemnity. Circumstances of the case - The apartment of the insured (the owner of the apartment) in a multi-apartment residential building, which is managed by the defendant (management company), was flooded as a result of a downpour. The plaintiff (insurance company) claims that the defendant must compensate him for the damage incurred as a result of the payment of insurance compensation to the insured. By the decision of the Federal Antimonopoly Service of the Volga-Vyatka District dated October 25, 2012 in case No. A29-915 / 2012, the requirement was satisfied, since it was established that the defendant was obliged to ensure the maintenance of common house property, the fact of causing this damage to the plaintiff was proved.

Posted on the site 20.02.2009

The article explores the new kind insurance of common property in apartment buildings, which has peculiarities in the composition of beneficiaries and in respect of which there is a legal problem of a clear legal identification of insurance of such property in terms of the types of insurance provided for by the Law of the Russian Federation "On the organization of insurance business in the Russian Federation".

The definition of "apartment building" is given in the Decree of the Government of the Russian Federation of January 28, 2006 No. 47 "On approval of the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as emergency and subject to demolition or reconstruction": "An apartment building is recognized as a combination of two or more apartments with independent exits or land adjacent to residential building, or in the common areas in such a house.

An apartment building contains elements of the common property of the owners of premises in such a house in accordance with housing legislation.

It should be noted that an apartment building in Article 130 of the Civil Code of the Russian Federation and in Article 1 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration rights to real estate and transactions with it” is not named as an independent real estate object, which leads to the conclusion that the legislator does not consider it as a real estate object. Nothing is said about an apartment building as a real estate object in the Housing Code of the Russian Federation (LC RF); moreover, the apartment building is not classified as housing stock, which, in accordance with Part 5 of Article 19 of the LC RF, would entail the need for its technical accounting. At the same time, we note that the constituent elements of this object (primarily residential and non-residential premises) are indicated in the mentioned legislative acts as independent objects. civil rights. Transactions with these objects make up a very significant part of the property turnover.

The term "apartment building" is used not only in the mentioned legislative acts, but also in a number of other laws, for example, in the Federal Law "On Mortgage (Pledge of Real Estate)" (Article 74), the Federal Law "On general principles organizations of local self-government in the Russian Federation” (Article 27), the Federal Law “On Participation in shared construction apartment buildings and other real estate objects and on amendments to some legislative acts Russian Federation" and others.

The provisions of Article 21 of the Housing Code of the Russian Federation provide that in order to guarantee compensation for losses associated with the loss (destruction) or damage to residential premises, residential premises may be insured in accordance with the law.

Any special requirements for insurance of residential and (or) non-residential premises, as well as requirements for insurance of property that is the subject of common use, is not provided, and therefore the insurance of such property is carried out on the basis of the provisions of the Civil Code of the Russian Federation and the Law of the Russian Federation of November 27, 1992 No. 4015-1 " On the organization of insurance business in the Russian Federation”.

The named article of the Housing Code of the Russian Federation does not contain a ban on insurance of premises other than residential, and therefore, in accordance with the provisions current legislation under insurance, both non-residential premises and common property in an apartment building can be insured.

An apartment building is a collection of two or more apartments that have independent exits either to a land plot adjacent to a residential building or to common areas in such a building.

Due to the fact that non-residential premises are a named independent object of real estate and they are subject to the general provisions on the registration of real estate provided for in Article 1 of the Federal Law of July 21, 1997 No. 122-ФЗ “On State Registration of Rights to Real Estate and Transactions with It”, insurance of non-residential premises is carried out on the same terms as insurance of residential premises. In this regard, the issue of insurance of non-residential premises will not be considered.

For insurance purposes, it should be noted that the current housing legislation establishes several ways to manage an apartment building, which have their own specifics, which, in our opinion, should be taken into account when making insurance payments under common property insurance contracts, namely:

Through a general meeting of owners of residential and non-residential premises in an apartment building (Chapter 6 of the Housing Code of the Russian Federation);

By creating a housing or housing-construction cooperative (Chapters 11 and 12 of the LC RF);

By creating a homeowners association (HOA) (Chapters 13 and 14 of the LC RF).

The norms of Chapter 6 of the Housing Code of the Russian Federation provide for the following: “The owners of premises in an apartment building own, use and, within the limits established by this Code and civil law, dispose of common property in an apartment building.”

At the same time, according to the provision of paragraph 1 of Article 36 of the RF LC, common property means “premises in a house that are not part of apartments and are intended to serve more than one room in a given house(emphasis mine. - D.K.), including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements that have utilities, otherwise serving more than one room in this house equipment (technical basements), as well as roofs enclosing load-bearing and non-bearing structures of this house, mechanical, electrical, sanitary and other equipment located in this house outside or inside the premises and serving more than one room, the land plot on which the this house, with elements of gardening and improvement and other objects intended for maintenance, operation and improvement of this house” (hereinafter referred to as common property).

The owner of the premises on the right of common ownership owns a share in the common property in an apartment building in proportion to the size total area the specified premises. At the same time, the owner of premises in an apartment building is not entitled to:

Carry out a division in kind of his share in the right of common ownership of common property in an apartment building;

Alienate your share in the right of common ownership of the common property in an apartment building, as well as perform other actions that entail the transfer of this share separately from the ownership of the specified premises.

The owners of premises in an apartment building bear the burden of maintaining the common property in an apartment building. At the same time, the share of mandatory expenses for the maintenance of common property in such a house, attributable to each owner, is determined by his share in the right of common ownership of common property in such a house.

Specific rules for the maintenance of common property in an apartment building are established by the Government of the Russian Federation.

Due to the fact that the owner of premises in an apartment building on the right of common ownership owns only a certain share in the common property in such a house, the owner of the premises, of course, cannot be the sole beneficiary when insuring the said common property.

It should be noted that a housing or housing-construction cooperative (Article 110 of the RF LC) has some common points of contact with a homeowners association (Article 137 of the RF LC), namely:

Both are legal entities;

The main purpose of the creation and operation of both is the management of residential and non-residential premises in an apartment building;

Both have controls;

Both are obliged to comply with the provisions provided for in Chapter 6 of the LC RF on organizing and holding a general meeting of participants if among the owners of an apartment building there are persons who have paid the share in full (for housing or housing construction cooperatives) or if among the owners of an apartment building there are persons not included in the homeowners association.

Thus, in accordance with the provisions of Article 110 of the Housing Code of the Russian Federation, a housing or housing-construction cooperative is a voluntary association of citizens and (or) legal entities on the basis of membership in order to meet the needs of citizens in housing, as well as manage residential and non-residential premises in a cooperative house.

Members of a housing cooperative participate with their own funds in the acquisition, reconstruction and subsequent maintenance of an apartment building.

At the same time, in accordance with the provisions of Article 129 of the Housing Code of the Russian Federation, a member of a housing cooperative acquires the right to own a dwelling in an apartment building only if the share contribution is paid in full. At the same time, the owners of premises in an apartment building own, use and, within the limits established by the Housing Code of the Russian Federation and civil law, dispose of common property in an apartment building.

In fact, after the payment of the share, part of the common property of the apartment building, previously owned by the cooperative, becomes the property of the person who paid the share. To manage the common property in an apartment building, it is necessary to hold a general meeting of the owners of the apartment building, while the housing cooperative represents the interests of shareholders who have not fully fulfilled their obligations to pay for the share.

At the same time, it should be noted that the payment of a share is not a basis for terminating membership in a housing cooperative.

It is important to emphasize that the Housing Code of the Russian Federation does not establish a rule by virtue of which the cooperative is liable for the loss or damage to all common property of an apartment building or the burden of maintaining such property after the shareholders have paid their share. The risk of loss or damage to property after the payment of the share is borne by the owner in accordance with the general provisions of civil law.

In the case of property insurance in an apartment building, the cooperative may be the sole beneficiary in respect of common and residential property owned by the cooperative until the shareholder pays the share in full.

Common property - premises in the house that are not part of the apartments, engineering structures, communications and equipment intended to serve more than one apartment.

In the event that at least one of the shareholders pays the share in full, the cooperative cannot be the sole beneficiary under the common property insurance contract in an apartment building.

The provisions of Article 135 of the Housing Code of the Russian Federation provide that “a homeowners association is recognized non-profit organization, an association of owners of premises in an apartment building for the joint management of a real estate complex in an apartment building, ensuring the operation of this complex, possession, use and, within the limits established by law, disposal of common property in an apartment building. The homeowners' association consists of owners of premises in an apartment building, having 50% of the votes of the total number of votes of owners of premises in an apartment building.

Clause 1 of Article 137 of the Housing Code of the Russian Federation stipulates that a homeowners association has the right “to conclude, in accordance with the law, an agreement on the management of an apartment building, as well as agreements on the maintenance and repair of common property in an apartment building, agreements on the provision of utility services and other agreements in the interests of members of the partnership ... (my italics - D.K.).

Also, subparagraph 5 of paragraph 2 of Article 137 of the HC RF establishes that in cases where this does not violate the rights and legitimate interests of the owners of premises in an apartment building, the homeowners association has the right, in particular, to conclude transactions and perform other actions that meet the goals and objectives of the partnership. At the same time, the following are enshrined as duties of a homeowners association, provided for in Article 138 of the Housing Code of the Russian Federation:

Ensuring the proper sanitary and technical condition of common property in an apartment building;

Ensuring the fulfillment by all owners of premises in an apartment building of obligations for the maintenance and repair of common property in this house in accordance with their shares in the right of common ownership of this property;

Representation of the legitimate interests of the owners of premises in an apartment building, including in relations with third parties.

It should be noted that the owner of the premises may not be a member of the homeowners association.

Membership of the owner of premises in an apartment building in a homeowners association is issued on the basis of an application for joining this association, and membership in a housing or housing-construction cooperative - from the moment the application for membership of a housing or housing-construction cooperative is satisfied. If an association of homeowners has been established in an apartment building, persons acquiring premises in this building have the right to become members of the association after they acquire ownership of the premises.

Membership in an association of homeowners is terminated from the moment of filing an application for withdrawal from the membership of the association or from the moment of termination of the property right of a member of the association to premises in an apartment building.

It should be emphasized that in the provisions of the Housing Code of the Russian Federation there is no rule that the homeowners association bears the risk of liability for the loss or damage to the common property of an apartment building or the burden of maintaining such property.

In this regard, we can conclude that the risk of liability for the loss or damage to the common property of an apartment building or the burden of maintaining such property is borne by the owners of property in accordance with the provisions of Articles 210 and 211 of the Civil Code of the Russian Federation, Article 138 of the Civil Code of the Russian Federation, as in the case of housing or a housing association.

If all apartment owners are members of a homeowners association, then we can talk about the existence of an interest in the preservation of the insured property by the homeowners association in relation to common property in an apartment building, based on the goals of creating a homeowners association, provided for in paragraph 1 of Article 135 of the Housing Code of the Russian Federation (ensuring the operation apartment building, possession, use and, within the limits established by law, the disposal of common property in such a house), on the basis of which the homeowners association may be the only beneficiary for insurance of common property in an apartment building.

If not all homeowners are members of the partnership, then it cannot be the only beneficiary for insurance of common property in an apartment building - they must be in appropriate shares and other homeowners who have not joined the HOA.

As mentioned earlier, the provision on the procedure for holding a general meeting of owners of premises in an apartment building applies to all of the above methods of managing such a house. Thus, in accordance with the provisions of Article 45 of the Housing Code of the Russian Federation, owners are required to hold an annual general meeting of owners of premises in an apartment building annually. At the same time, the specified meeting is competent (has a quorum) if the owners of the premises in this house or their representatives, who have more than 50% of the votes of the total number of votes, took part in it.

At the same time, in accordance with the norm of paragraph 5 of Article 46 of the Housing Code of the Russian Federation, the decision of the general meeting of owners of premises in an apartment building, adopted in the prescribed manner, on issues within the competence of such a meeting, is binding on all owners of premises in an apartment building, including those owners who did not participate in the voting.

According to paragraph 6 of Article 46 of the LC RF, the owner of premises in an apartment building has the right to appeal to the court a decision taken general meeting owners of premises in this house in violation of the requirements of this code, if he did not take part in this meeting or voted against the adoption of such a decision, and if such a decision violated his rights and legitimate interests. An appropriate application may be submitted by him to the court within six months from the day when he learned or should have known about the decision. The court, taking into account all the circumstances of the case, has the right to uphold the contested decision, if the applicant's vote could not affect the voting results, the violations committed are not significant and the decision made did not cause damage to the owner.

Based on the provisions of Article 244 of the Civil Code of the Russian Federation, property owned by two or more persons belongs to them on the basis of common ownership. Common ownership of property is shared, except in cases where the law provides for the formation joint ownership for this property.

Consider the general legal regime of common property. Common ownership of divisible property arises when it is provided for by law or an agreement. In accordance with the provisions of the housing legislation, common property in an apartment building is the common shared property of all owners of the premises, which does not provide for the allocation of shares in kind.

According to Article 247 of the Civil Code of the Russian Federation, the possession and use of property in shared ownership is carried out by agreement of all its owners. At the same time, each of them is obliged, in proportion to his share, to participate in the payment of taxes, fees and other payments on common property, as well as in the costs of its maintenance and preservation.

In accordance with the rule of paragraph 1 of Article 253 of the Civil Code of the Russian Federation, the participants in joint ownership, unless otherwise provided by an agreement between them, jointly own and use common property. The disposal of jointly owned property is carried out by the consent of all participants, which is assumed regardless of which of the participants makes a transaction on the disposal of property (clause 2, article 253 of the Civil Code of the Russian Federation).

Finally, it should be borne in mind that each of the participants in joint ownership has the right to make transactions on the disposal of common property, unless otherwise follows from the agreement of all participants. A transaction made by one of the participants in joint ownership, related to the disposal of common property, may be declared invalid by the court at the request of the other participants on the grounds that the person who made the transaction does not have the necessary powers only if it is proved that the other party to the transaction knew or knowingly must was to know about it.

It should be noted that the provisions of the LC RF do not provide for the possibility of contesting a transaction made with the common property of an apartment building by the owner of the premises, if the decision on it was made at a general meeting of the owners of the premises in accordance with Article 46 of the LC RF, on the grounds that the owner did not know about this transaction.

As you know, in accordance with the provisions of Article 930 of the Civil Code of the Russian Federation, property can be insured in favor of a person (insured or beneficiary) who has a legal, otherwise legal act or contract an interest in the preservation of that property. A property insurance contract concluded in favor of a person who does not have an insurable interest is invalid.

From the above, we believe, the following conclusion follows: a mandatory decision at the general meeting on the conclusion of an insurance contract for the common property of an apartment building is not required.

In the event of the conclusion of an insurance contract for the common property of an apartment building, insurance indemnity payments can be made as follows. When an insurance contract is concluded by one of the owners of the premises of an apartment building, which is managed on the basis of decisions of the general meeting of the owners of the premises, the payment of insurance compensation must be made to all owners of the premises. In this case, the amount of insurance compensation should be calculated based on the share of each owner in the right of common ownership of common property in an apartment building in proportion to this share.

When concluding an insurance contract with a housing or housing-construction cooperative or a member of a housing or housing-construction cooperative, the payment of insurance compensation may be carried out in a slightly different way:

If none of the shareholders has fully repaid the share, the payment of insurance compensation must be made to the cooperative as the sole owner;

If there are shareholders in the cooperative who have paid the share in full, or if there are owners of premises in an apartment building who are not members of the cooperative, the insurance indemnity should be paid to the owners of the premises, while the amount of insurance indemnity should be calculated based on the share of the owner in the right of common ownership of common property in an apartment building in proportion to its share in the total area of ​​\u200b\u200bthe premises.

When concluding an insurance contract by a homeowners association or a member of a homeowners association, the payment of insurance compensation is possible as follows:

If all homeowners are members of a homeowners association, the insurance indemnity may be paid to the homeowners association in full due to the interest of the homeowners association in preserving the insured property;

If not all homeowners are members of the HOA, the payment of insurance compensation should be made to the owners of the premises who are not members of the homeowners association, and the HOA as a representative of its members. In this case, the amount of insurance compensation should be calculated based on the share of the owner in the right of common ownership of common property in an apartment building in proportion to its share in the total area of ​​​​the premises.

It should be noted that the procedure for paying insurance compensation, based on the share of the owner in the right of common ownership of common property in an apartment building in proportion to its share in the total area of ​​​​the premises, in cash is time-consuming, and in some situations impossible due to the fact that to determine the total the number of owners of the premises is not possible.

In this case, it can be recommended to provide in the insurance contract for common property in an apartment building as an acceptable way of paying insurance compensation for the risk of damage to property, compensation for the repair of damaged property by analogy with the procedure for settling losses on vehicles (repair of a vehicle at a service station auto Vehicle). but this method implementation of the payment of insurance compensation will be possible, but difficult to implement if the management of the apartment building is carried out by the general meeting of the owners of the premises (in the absence of a single representative of the apartment building and the absence of a contract for the maintenance of the apartment building with the managing organization).

Insurance of common property in apartment buildings does not fall under any type of insurance, since not only individuals, but also legal entities can be the owners of this property at the same time.

When an association of homeowners or a housing (housing-construction) cooperative is established in an apartment building, the purpose of which is to maintain and operate the apartment building, payment of insurance compensation is possible:

On the basis of documents submitted by a homeowners' association or a housing (housing-construction) cooperative and confirming the costs incurred to restore damaged property, including those submitted by the management organization that maintains the apartment building;

Or based on the calculation of the costs of restoring damaged property, indicating the counterparty carrying out the restoration of damaged property.

In conclusion, it should be noted that the current insurance legislation does not provide for insurance of common property in an apartment building in separate view insurance. At the same time, there is uncertainty about classifying such an agreement as one of the types of insurance provided for by Article 32.8 of the Law of the Russian Federation of November 27, 1992 No. 4015-1 “On the organization of insurance business in the Russian Federation”. This uncertainty is due to the fact that the owners in an apartment building can be both individuals and legal entities, as a result of which it is not possible to unambiguously indicate what type of insurance contracts belong to (insurance of property of legal entities, with the exception of vehicles and agricultural insurance, or insurance of property of citizens, with the exception of vehicles). We believe that the most acceptable option in this case would be to carry out insurance on the basis of combined rules, which will include at least two types of insurance (insurance of property of legal entities, with the exception of vehicle insurance and agricultural insurance, and insurance of property of citizens, with the exception of vehicles) .

YES. Kuzin, Renaissance Insurance Group LLC, General Counsel