Pay for the repair of a new

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repaired in a new way, pay for the overhaul, the new law on the overhaul

Starting with receipts for September 2014, residents of the Khabarovsk territory and other regions have started to receive the new receipt for overhaul of regional funds of capital repairs.

The editors of the "Political class" has decided to understand a situation and to stop the flow of letters from indignant and uncomprehending what is happening to the citizens.

So, in December 2012 adopted the Law No. 271-FZ, which repealed a number of provisions of normative acts of the Russian Federation. Prior to the adoption of this law overhaul in a residential area helped to Fund of reforming of housing and communal services. However, after the entry into force of this law, the responsibilities of this Fund was to include only the relocation of citizens from dilapidated housing. The obligation to pay for the overhaul began to fall on homeowners in apartment buildings.

By 2014, local governments were required to create a renovation Fund, and to appoint a regional operator, which is engaged in repairs of the housing stock.

At first glance, everything is clear, especially in some regions, the payment for capital repairs, and so lay on the shoulders of homeowners. However, with the adoption of this Law immediately raised a lot of questions: how will money be collected, where collected, be used.

Mindful of the difficult times, our citizens are worried about the safety of their money paid for the overhaul. This issue of the Federal law decides as follows: the regions were required to create a regional operator who will carry out major overhauls on funds received in the Fund under the plan. The plan was to be included each condominium subject of the Russian Federation. Such a list should be the local authorities and be placed in accessible to all citizens (to citizens could follow the progress of your house on the list for repair). The amount of charge in each region is assigned a point.
However, the points set out in the law, contradict the Civil code, according to which the owner bears the burden of responsibility for their property, but not for someone else's. A General rule of thumb, that means one house can be used for the overhaul of another. However, the question arises: who and, more importantly, how it will generate a list of houses to be repaired. Who will allocate the money in the first place, and whose house will be repaired in 10 or 20 years?

Provides that the homeowners Association at the General meeting of shareholders may decide to accumulate their funds at its own special account. Means such account can only be used for capital improvements. Any other means cannot be used. The size of the tariff for capital repairs approved by Protocol of General meeting of tenants. If the HOA is arbitrarily raises the payment for major repairs, such decision may be appealed in court.

Accordingly, the second option is preferred. First, the overhaul does not depend on any lists that say officials, therefore, have the opportunity to make repairs before. Secondly, the amount of monthly dues set by the property owners, but not less than the minimum amount of contributions for capital repairs set by a normative legal act of the subject of the Russian Federation. Repair work carried out by the management company or other organization. The Bank will transfer the funds to the contractor only upon submission of acceptance certificate of works, signed by representatives of the owners and local government.

PLEASE NOTE!

According to the article 175 of the Housing code, the owner of the special account may be:

- HOA, which manages the block of flats and created by the owners of premises in one apartment house or multiple apartment buildings, if these houses are situated on land plots that are in accordance with contained in the state cadastre of real estate documents have a common border, and within which there are network engineering and technical support, other infrastructure elements, which are designed for joint use by owners of premises in these houses.

- carrying out management of apartment building housing cooperative or other specialized consumer cooperative.

If the powers of homeowners associations is beyond the scope of this article, it shall open an account with your local carrier, or split into different HOA.

If the owners of the apartment building until 2014, not decided, how will get the money on capital repairs of common property, "default" has the duty to transfer funds to the regional Fund.

According to article 169 of the housing code proprietors of premises in an apartment house are obliged to pay monthly contributions for capital repairs of common property. For non-payment is necessary to charge interest in the amount of 1/300 of the Central Bank rate at the date of delay. According to the Government, unpaid contributions for capital repairs will be charged in court.

The HOA, which transfers the funds to the regional Fund, may withdraw from it and go into a special account. And if scheduled maintenance has not been made, then funds will be transferred the regional Fund to the special account. If the repair was already done, but funds are not enough and extra regional Fund first, the HOA must pay the debt, then to open a special account.

Council flat

And what do the employers of municipal apartments? In this case, the owner is a municipality, that is why the tenants of public housing are exempt from payment of contributions for capital repairs. The same stance was adopted by the court.

Non-residential premises

A similar position of the legislator can also be seen in relation to non-residential premises in apartment buildings used for commercial purposes. For example, let us take the letter of the Ministry of regional development of the Russian Federation No. 6177-AD/14, dated 06.03.2009, "On peculiarities of establishment of fees for the maintenance and repair of common property in an apartment house". The letter said that the owners of non-residential premises are obliged to bear the expenses for repair and maintenance of common property of an apartment building along with the premises owners.

The apartment in the mortgage

Not everyone can buy an apartment for own funds, so you have to take out a mortgage. At the apartment bought on a mortgage, it is impossible to obtain a certificate of title until full payment of the sums of the mortgage. Accordingly, the question arises: "Who in this case pays the contributions for the repair?". There is no single answer, the judicial practice has two solutions. Firstly, that fees for major repairs is illegal. Secondly, what major repairs have to pay the owners of apartments on mortgage lending.

Logically, the second option is more correct as it de jure belongs to the Bank, but she is actually the buyer, just the apartment is in pledge at Bank. Accordingly, the burden of maintaining the property should lie with the buyer. However, this rule is nowhere laid down right.

As for the privatized property, Federal law No. 4-FZ dated 01.02.2010 "On amendments to the Federal law "About introduction in action of the Housing code of the Russian Federation" article 16 of the RF Law "On privatization of housing Fund in the Russian Federation" stipulating that the privatization of citizens occupied dwellings in dwellings that require major repairs, beyond the former landlord remains under an obligation to perform capital repairs of the house in accordance with the standards of maintenance, use and repair of the housing stock, has been extended until 01.03.2015.

PLEASE NOTE!

According to article 169 of the housing code "contributions for capital repair are not paid by owners of premises in an apartment house, recognised in established by the Government of the Russian Federation of emergency and subject to demolition, and in the case of adoption by the Executive body of state power or body of local self-government decisions on withdrawal for state or municipal needs of a land plot on which is located this apartment building, and the seizure of all living quarters in an apartment building, except dwellings belonging on the property right of the Russian Federation, constituent entity of the Russian Federation or a municipal entity. The owners of premises in apartment building are exempt from the obligation to pay contributions for the overhaul, starting from the month following the month in which the decision was taken on withdrawal of the land plot".

If an apartment house recognised emergency or subject to demolition, the regional operator is obliged to pay the owners of premises of an apartment building this means the major repairs Fund in proportion to the size of their contributions paid for the repair and the amount of those contributions paid by the previous owners of premises in this apartment building. The owners of premises in an apartment house retained the right to receive the redemption price for withdrawn premises.

New homes

Owners of new homes are also required to pay for the overhaul, this is because any building over time, supporting structures and engineering equipment partially or completely destroyed. The owner of apartments in new houses, of course, more profitable to create a special account and store money on it, because the accumulated money will earn interest on the account.

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