New rules for capital repairs in residential blocks of flats, the most topical issue in the housing sector.
As we`ve written earlier, this topic was raised by the entry into force of the Federal law No. 271-FZ dated 25.12.2012 "On introduction of amendments to the Housing code of the Russian Federation and certain legislative acts of the Russian Federation and invalidating certain provisions of legislative acts of the Russian Federation". This law provides for the obligation to pay contributions for capital repair of common property in apartment building for owners of premises located in this apartment building. Simultaneously, the Law stipulates the obligation of public authorities of the Russian Federation and bodies of local self-government on the organization ensure timely carrying out of major repairs of communal property in apartment houses.
To meet the requirements of the above Federal law was passed the law No. 296 dated 24.07.2013 "On regulation of relations in sphere of provision of capital repairs of common property in apartment buildings on the territory of Khabarovsk punishing". To meet the requirements of this law in November 2013, we created a non-profit organization "Regional operator for capital repairs of apartment houses in Khabarovsk territory". The founder of this organization, the Ministry of housing and public utilities. Abbreviated name of the organization is "Khabarovsk regional Fund for major repairs". Legal address: Khabarovsk, street Soviet, d. 3, phone: 754-900.
To the Fund included 4 controls:
- on work with the population;
- legal, personnel and organizational work;
- economic and financial management;
- technical order.
Developed program for 30 years, overhaul of apartment houses, it contains:
- the timing of the works;
- list of capital repair works;
- the list of apartment houses in Khabarovsk Krai.
The owners of premises in an apartment house have the right to choose the way of formation of Fund capital repairs:
- special account;
- at the expense of the regional operator.
If the selected method of formation of Fund of major repairs on the special account, then the General meeting of owners of premises must address:
- the list and terms of carrying out of major repairs, but no less of a list and not later than the date, set by the regional capital repair programme;
- the monthly payment for the repair (not less than the minimum contributions established by the regulatory legal act of the RF subject);
is to choose a credit institution for account opening;
- to determine the owner of the account, which may be determined by the regional operator.
If the method of formation of the Fund is not selected, the local government takes the decision to form such a Fund in the account of the regional operator.
In accordance with paragraph 2 of article 175 of the Housing code of the Russian Federation the owner of the special account may be:
- housing cooperative or other specialized consumer cooperative, which manages the apartment building;
the homeowners provided that its management is 1 apartment building or multiple apartment buildings with a total rent not more than 30 (of the house should be located on sites that share a boundary, within which there are elements of infrastructure intended for sharing).
- regional operator.
If a credit institution by the owners of the premises is not selected or it does not meet the requirements, it chooses the regional operator. If a special account at the General meeting decided to open a regional operator, then the minutes of the General meeting shall be sent to the regional operator.
According to article 169, part 3 of the Housing code the obligation to pay contributions for capital repair arises from the owners after 4 months if an earlier date is specified by law of a constituent entity of the Russian Federation, starting from the month following the month in which was published the regional program overhaul, which the house included.
If the house voted in accordance with the applicable laws or subject to emergency demolition / renovation, the owners of premises in this house to pay for the repair should not.
Regional operator performs the following functions:
- technical customer functions (including: development of design estimates, selection of contractors, etc.);
- puts the payment documents to the owners of the premises in respect of which the Fund overhaul is formed on the accounts of the regional operator;
- provides the conclusion of contracts on formation of Fund of major repairs and the performance of capital repair of common property in an apartment house proprietors of premises;
- save money, consider them in the context of each owner.
Main control management of the Khabarovsk Krai Government carries out control over formation and expenditure of Fund of major repairs, as well as over the activities of the regional operator.
A method of forming the Fund overhaul may be changed at any time by decision of the General meeting of owners of premises in an apartment house.
Clause 5 of article 173 of the LC RF stipulates that a decision on the termination of formation of Fund capital repair on the expense of the regional operator and the formation of the special account shall take effect 2 years after the decision of the General meeting of the regional operator. After the entry into force of this decision within 5 days regional operator transfers the Fund to the special account of the owner.
P. 6 of article 173 of the LC RF, the decision on the termination of formation of Fund of major repairs on the special account and the formation of the Fund of capital repair at the expense of the regional operator shall enter into force one month after the owner of the special account of the decision of General meeting of homeowners. Within 5 days after the entry into force of the decision of proprietors of habitation, the owner of the special account Fund transfers funds to the account of the regional operator.
At the expense of means of Fund of major repairs, according to item 1, article 166 of the LC RF, funded the following works:
- repair or replacement of Elevator equipment, which is recognized as unsuitable for operation, repair of Elevator shafts;
- repair of intra house engineering systems, gas, heat, electricity, water, sanitation;
- insulation and repair of facades;
- roof repair;
- repair basements that belong to the common property;
- installation of house metering devices of the consumption of resources that are necessary for the provision of public services, sites of control and regulation of consumption of these resources (gas, thermal energy, electric energy, hot and cold water);
- repair of the Foundation.
