Overhaul Fund whether to pay fees. How to legally not pay for major repairs in an apartment building
Last update March 2018
A receipt for major repairs is monthly received by each and every Russian citizen who owns privatized real estate in an apartment building (MKD). Pay it or not, which will be in the second case, as well as many other issues regarding this payment are discussed in this article.
Pay or not
The answer to the question - whether or not to pay for the overhaul of apartment buildings - is contained in Article 158 of the LC RF. Based on it, you must pay, because the corridors, stairs, elevators, etc. belong to the owners of the apartments. This property is their shared ownership. So maintaining it in good condition is the responsibility of the person who owns this property, that is, residents.
The final point over “i” in the question of whether to pay is set by the Constitutional Court on March 3, 2016, recognizing that fundraising for overhaul is legal.
It is interesting that not only the owners - actual residents, but also those who do not even live in it should pay. Moreover - receipts for overhaul come not only for residential premises, but also for commercial facilities (shops, beauty salons, fitness rooms, etc.), which are placed in the MKD. Moreover, the tariff for all owners in one house (that is a private person, that is legal, that the owner of living space, that is commercial) is the same.
But those who rent an apartment under a lease are not required to pay, since they are not owners. And the obligation to maintain the property in proper condition is assigned precisely to the owner, and not to those who temporarily use it. Another thing is that the owner can include this amount in the total cost of the lease, but such moments are already regulated by contract law and are prescribed in the contract. To agree to this or not is the right of the tenant.
Overhaul fee
The minimum contribution amount is determined at the level of the constituent entities of the federation, and therefore it is different for each region.
Region | Size, r / m2 |
Moscow | 15 |
Moscow region | 8,3 |
St. Petersburg | 2,5 |
Voronezh | 6,6 |
Tyumen | 20 |
Kazan | 5 |
Ekaterinburg | 6,1 |
Novosibirsk | 5,6 |
Samara | 5,07 |
Murmansk | 3 |
Khabarovsk | 1 |
Annually, the size of the tariff for overhaul is adjusted (approved again), as a result of which a regulatory act of regional authorities is issued. |
The receipt usually indicates the total amount, which is calculated by the following formula:
S \u003d k * n, where k is the coefficient for the region, and n is the number of square meters of the total (and not residential!) Area of \u200b\u200bhousing
Calculation Example. Pavlova S.I., living in Kazan, according to the receipt must pay 165 p. The area of \u200b\u200bher two-room apartment is 33 square meters. m. She decided to check the correctness of the assessment using the given formula of 33 sq.m. * 5 r / sq.m. \u003d 165 p. This means that the regional overhaul fund correctly calculated the amount of the contribution.
If she found a mistake, then in a written statement sent to the fund, she could express her request to recalculate indicating the error found. However, since the introduction of amendments to the housing complex (since 2012) regarding the mandatory payment of a contribution for the overhaul of an apartment building, this practice has not been observed. Databases are generated automatically, and therefore probably errors are not allowed. Or even sooner - citizens are more concerned about another issue - how not to pay at all for overhaul.
Such receipts are sent by the regional operator (fund), if it is he who is engaged in the collection, distribution and use of funds. If for these purposes tenants have created their own MCD fund with a specially open account, then the organization that manages this MCD is engaged in their distribution. And in this case, the amount of the contribution can be much larger than the established minimum, but only when the homeowners decide this by a common vote.
Sometimes an incident occurs when the meeting of residents decides to collect overhaul contributions in an amount greater than the minimum regional tariffs. Of course, there will be dissenting owners, but they can’t do anything (if 2/3 of the owners of MKD voted in favor of such a decision), otherwise an incomplete payment threatens a forfeit, which the Criminal Code, Homeowners Association, etc. can collect.
What will happen if you do not pay for overhaul
Ignoring receipts can cost you dearly in the truest sense of the word:
- according to part 14.1. Art. 155 LC RF, you will have to pay a penalty (fine) to the regional fund for each overdue day in the amount of 1/300 of the Central Bank refinancing rate.
In Moscow, this fee must be paid before the 20th day of the current month for the previous one. In the regions, the terms may be different - it is better to follow this on the official websites of municipalities.
- a lawsuit may be filed against you to recover the debt for capital repairs, then you will have to return not only the debt along with penalties, but also pay the legal costs.
This type of payment relates to communal payments, and for debts on them the following sanctions may be applied to citizens:
- a ban on leaving the Russian Federation;
- seizure of property;
- seizure of property.
In practice, the last two are not applied, and the first is quite rare.
Typically, utilities, like the regional overhaul fund, like to act by “reminders”: notifications of the existence of debt begin to arrive at the debtor’s address, and about six months later this event is unsuccessful - a subpoena arrives.
In any case, even if the housing is not taken away from you, you still need to pay contributions and preferably on time. Since for every overdue day, you will have to pay more and more.
The debt on overhaul contributions is transferred to the new owner along with the property, unlike the debt for maintenance and housing maintenance, as well as other utilities (the latter remain the debt of the previous owner). Therefore, be sure to check all utility bills before buying an apartment. Or demand that the seller send on his behalf a request to the Regulator about debts (upon receipt of an answer, read it and you will have an accurate and current understanding of the status of settlements).
Example. Kostyanets D. bought an apartment from Drozdov V. in March 2019. Already in April, he, as the new owner, received a receipt for the overhaul, which included a debt of 3,454.56 rubles from the old owner. He appealed to the regional fund with a request to clarify the misunderstanding why he should pay for other people's debts. He was explained that he pays the debt on payments for property that is in his private property, and does not pay the debt of Kostyants D. He can send his claims to the former owner in civil proceedings, filing a claim for damages that were caused due to the concealment by Kostyants of information about the existence of debt. The regional fund refused to "write off" the overhaul debt.
How can you not pay?
The only procedure that will free you from paying this fee is deprivatization. That is, when you return the property to state or municipal property, its overhaul is carried out at the expense of the budget (state or regional). You can’t sell it anymore, because you won’t be the owner, but you won’t pay for the overhaul either.
Also, those who have apartments are not paying for overhaul:
- in houses recognized as emergency;
- in houses that will become the property of the state or municipality (for example, highways will be laid at this place);
- houses with less than 3 apartments;
- MKD, in which the walls, foundation, roof are worn more than 70%;
- houses, the cost of overhaul in which is unprofitable and above the standard cost (which is set in the region in the form of a ceiling repair price per 1 sq. m).
Naturally, owners of individual houses do not pay dues for major repairs.
If for some time a person paid a major overhaul, and then his house was “sentenced” to demolition (and the owners refuse to allocate funds for demolition / reconstruction), he has the right to a refund of the funds paid. Moreover, even those funds that were paid to him by another owner.
Example. So that it is subject to demolition, the house in which Ivanenko G.'s apartment is located was recognized on July 1, 2016. Until that moment, Ivanenko paid for a major overhaul every month. Before him - until 03/01/2014 - the former owner also regularly paid. Ivanenko appealed to the regional fund with a request to return to him the funds paid in the amount of 23,760 rubles. Pointing out such an amount, he proceeded from the fact that the tariff per m2 for Moscow is 15 rubles, and therefore for his apartment with an area of \u200b\u200b33 m2, he paid 15 * 33 \u003d 495 (p) every month. In total, from July 1, 2012 (from that moment Muscovites began to pay to receive receipts) until July 1, 2016, 48 months were paid * 495 p \u003d 23,760 p.
There are situations when payments for overhaul did not come for a long time and the regional fund, having realized about non-payments, requires the owners to pay contributions for previous years and with them the corresponding penalties. If the term of such debts exceeds 3 years, then the owner may not pay due to the expiration of the statute of limitations. A regional operator, a management company, an HOA, etc. may require only amounts for periods of up to 3 years.
At the same time, hoping that receipts did not come to the owner, which means there is no reason to pay fees at all, should not be. The owner must not only passively wait for receipts, but also track information about contributions on the Internet on the site of the state information system of the housing and communal services (https://dom.gosuslugi.ru) or the site of the regional operator (each operator has its own official site and find it simply - in the Internet search engine (Google, Yandex, etc.) you set the phrases: “regional operator”, “overhaul” and the name of the region, the link to the site will appear in the first lines) in the registered personal account. There is information on debt, on the size of monthly payments, on interest, etc. It is believed that these data are enough to fulfill the obligation to pay, and it does not matter whether the citizen uses the Internet or not.
Who are the benefits for?
Benefits in the form of subsidies are provided for low-income people. They are applied in accordance with Art. 159 of the LC if the size of communal services exceeds the standard of the maximum allowable share of expenditures of the population.
Starting January 1, 2016, by decision of local authorities, some categories of the population may be fully or in some part exempted from paying a contribution for major repairs.
The introduction of such a system of discounts is at the discretion of the municipality, that is, it is the right of local authorities, and not their obligation.
These discounts do not apply automatically for each citizen representing one of the listed categories. To get it, you need to apply with a written application to the regional overhaul fund and confirm your status with relevant documents.
Do new homes pay for overhaul
Such a commitment would be the height of the absurdity, therefore, the LCD frees property owners in new buildings to pay for overhaul for a period of 5 years from the date of commissioning. But provided that such a house is put into operation after the regional authorities approve the overhaul program in the constituent entity of the Russian Federation (if the house is less than 5 years old, but it began to be used before the publication of the regional program, then this exception does not apply, you will have to pay contributions).
New buildings may need maintenance, but a separate column is allocated for these costs in the utility bills receipt.
The term "capital" means repair:
- internal communications (water disposal, gas, water, electricity, etc.);
- elevator and its shaft;
- roofs;
- basements;
- facade;
- foundation.
For 5 years, these structures, communications and facilities can not wear out to a state in which overhaul is required, and therefore it is quite true that residents of new buildings do not pay a fee during this period.
How long do you have to pay dues
The legislation does not provide for limiting terms for contributions. You need to pay monthly no less than the minimum amount, regardless of whether the house has already been repaired, whether repair work is required (provided by the regional program) for future periods, etc.
True, for houses in which the overhaul fund is accumulated on the special account of the HOA, UK, LCD (not a regional operator) upon reaching the minimum mark of the size of the fund for a separate house (this size is established by the laws of the subject of the Russian Federation), payments may be suspended by the decision of the owners of the house.
How to find out when the repair will be
On the site of the re-operator, as well as in the state-information system of housing and communal services, there is detailed information about each house in the region, territory, republic, which is included in the regional overhaul program. If your house is provided for by the program, then information will be available on the repair period (within three years), on the types of work carried out and other data. In addition, at least six months before the repair, the regional fund warns about the event and informs the owners of the MKD of the estimated cost, amount of work, etc. Owners discuss this at a meeting and select a representative from the owners to monitor the progress and results of the repair.
If you have questions about the topic of the article, please feel free to ask them in the comments. We will answer all your questions within a few days. However, carefully read all the questions and answers to the article, if there is a detailed answer to such a question, then your question will not be published.
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Any houses eventually collapse and become worthless. All residents are well aware that over time, the house in which they live needs to be repaired. For such purposes, funds are collected on. But who should pay for it?
Is it obligatory to pay?
« Overhaul of apartment buildings: pay or not?"- this is precisely the issue that plagued the residents of the houses who need overhaul.
Residents of our capital believe that the payment of fees for the overhaul of the premises is not a mandatory action on the part of citizens. In their opinion, this contradicts the Constitution of Russia. With this question they appealed to the district court. They consider unfair distribution of funds. The fact is that funds for major repairs of houses are being collected, and “alien” houses are being repaired with this money, according to the queue.
Citizens fear that until, in a few years, the turn will reach their home, the money raised for repairs will depreciate and there will be no funds to repair their own home. Such payments to the capital repair fund of houses, in their opinion, should not be mandatory at all, since the funds are non-profit. And according to the law, such contributions must be made voluntarily. As a result, voluntary contributions can in no way be compulsory.
According to citizens, if the house was not renovated at the expense of budgetary funds before the privatization of residential premises, the responsibilities of management companies should be preserved. And subsequent repairs will be carried out at the expense of the owners.
It should also be noted that the current law makes it possible for residents to open an individual account and accumulate funds on an individual basis only for their own home.
By law, a person has the right to pay or not to pay for any service. However, previously, he has the opportunity to check whether she suits him or not, and only after that pay. Consider the most elementary example of how payments are usually made for the overhaul of an apartment building.
Let's say a person wants to buy a TV. He comes to the store, chooses one, but then surely checks if the equipment is in working condition. And only after he is convinced of this, he acquires it and pays for the value of the goods. Similarly, with major repairs.
Many citizens are unhappy, they believe that the prices for overhaul are high, that in general such actions are contrary to their civil rights, therefore, payment for overhaul often becomes an “acute” problem for residents. However, at the moment the law is valid and must be paid. Unfortunately, if earlier it was possible to evade this type of payment by simply not paying it, then at present it is impossible to do so. So the answer to the question: “Should I pay for the overhaul of the house?” must be positive.
The new column in the payment documents provides for a mandatory payment for major repairs. If citizens do not pay on time, then a penalty will be charged. And as you yourself understand, the payment for major repairs will only increase.
Overhaul and Constitutional Court Contributions
At the beginning of this year, residents of many cities were shocked, a rare and amazing event occurred. The thing is that a review was sent to the constitutional court, and the sender was the Prosecutor General. The prosecutor's office considered that the fees that they are trying to collect from the population are unconstitutional and violate the rights of citizens.
The group of deputies who became the initiators considers:
- Illegal payment for the maintenance of property and payment of wages for employees of regional operators. It turns out that citizens who pay contributions for major repairs practically contain them.
- Transferring funds between owners' accounts is the direct responsibility of the state to the owners and nothing more.
It turns out that those owners who have issued their personal account and those who monthly transfer to the regional operator’s general account are placed in completely different conditions.
The fact is that the second group of residents cannot manage the means of the general balance and has practically no voting right. In addition, there is no full refund, there is simply no such mechanism.
The following requests responded to this appeal from the prosecutor's office of the Ministry of Justice, Finance and Construction, as well as housing and communal services:
- Overhaul contributions are collected in the interests of homeowners, so their constitutional rights are not violated. Also, tenants can at any moment gather a meeting at which they can discuss and decide how to form the fund.
- Funds for major repairs are not received in the budget, and they are not taxes. Real organizations are already making these contributions, and will continue to do major repairs of residential premises.
- Since all the cash contributions that have already been received by the fund cease to be the own funds of the homeowners who have transferred them, then, therefore, there is absolutely no need to coordinate their order with the residents of the houses.
Thus, the overhaul contributions are structural since there is a valid law on overhaul contributions. After this statement, the Prosecutor General’s office withdrew its letter. In order to avoid questions from residents of houses, such as: "Do I need to pay a major overhaul fund?" she deemed it necessary to carry out additional improvements.
When a receipt for paying a major repair fee comes when buying an apartment in a new building, the residents are surprised. What to pay for when the house is new and repairs will not be needed soon. Each region has its own legislation. In accordance with them, it is determined how long a deferral of payments is provided after putting the house into operation.
What houses are considered new buildings
According to the amendments made to the Housing Law in 2015, a new building is considered to be a house put into operation after July 1, 2016.
The developer gives a guarantee for the construction of 5 years. During this period, he is fully responsible for the facility. It is obliged to repair the premises in the presence of building defects, breakdowns of elevators, leaks of communications, etc.
In this case, the question arises, from what time to pay for the overhaul of new buildings.
The guarantee obligations of the builder and the overhaul fee in the new house are two different, unrelated concepts. According to the Housing Code, residents of new buildings are required to pay fees for expensive overhauls, although it will not be needed soon.
Different regions establish by law their deadlines for the assessment of contributions after putting the house into operation.
The law on major repairs in new buildings
According to Article 169 of the Housing Code, paragraph 1, owners of apartments in new buildings must make contributions to the capital repair fund.
According to article 169 of ZhK p. 2, owners do not pay contributions for overhaul in the following cases:
- recognition of the house as emergency;
- if it is decided to withdraw the land on which the building is located for the needs of the municipality.
The state provides compensation for the payment of contributions to certain categories of citizens: people with disabilities, veterans of the Great Patriotic War, labor, etc.
Art. 169 LCD clause 3 states that the obligation to pay overhaul fees occurs 8 months after the house is included in the regional capital repair program.
For major repairs in new buildings are required to pay all apartment owners who do not fall under Art. 169 LCD p. 2 and Art. 169 LCD p. 3.
The regional operator is guided by the laws of a particular region. The tax can be accrued in a few months, in some areas the period is from 3 to 5 years after putting the house into operation.
It may not be easy to find out this period, ideally you should go to the official website of the capital repair fund of your region and find the necessary information there or call the phone number listed on such a site. You can also try to find information about your home using a special search form on such a site. For example, for St. Petersburg, the address of the page with the form is as follows: http://fkr-spb.ru/house
After the deadline, the owners at the general meeting by voting determine the management company, which will deal with the preparation for overhaul.
When and for what to pay
Overhaul in an apartment building will cost about 5,000-6,000 rubles per square meter. square meter of each apartment. Consequently, the monthly installment for Moscow is about 15 rubles. per sq. meter, for Voronezh 6.6 rubles. per square, for Tyumen 20 rubles. With the expectation that the required amount will accumulate over 30 years.
The size of contributions for the overhaul of apartment buildings is calculated by the formula:
S apartments (in sq. M) * for the established payment amount (per sq. Meter)
The amount may vary depending on the availability of the elevator and the age of the house.
The total amount is calculated separately for each house on the basis of the project and examination of the technical condition.
Is it possible to change or add a type of repair work
If the house, in addition to those indicated in the list of works, you need to add another type of repair or change from one type to another. For this, it is necessary at the general meeting of owners to decide on the need for these works. After that, a copy of the decision is sent to the overhaul fund.
The owners either agree with the specified types of work included in the notification from the regional operator, or make their own adjustments.
If the claims were not sent in writing, the owners are deemed to have agreed with the list determined by the municipal authorities.
If at the meeting of the owners the amount of fees for overhaul is determined that is more than the minimum, they may require the implementation of additional services (Article 170 of the LC RF).
How to pay for overhaul
Many people ask how to pay for the overhaul of apartment buildings.
You can pay on the basis of a receipt, at bank branches, by mail, via the Internet or by wire transfer from a personal account. To do this, specify the details of the personal account, the name of the owner and the amount of payment.
If the receipt contains inaccurate or incomplete data, the owner must personally submit or send in writing to the regional operator a completed application form for changing personal account data.
If there is a discrepancy in the area of \u200b\u200bthe apartment, a photocopy of the certificate of ownership must be attached to the application.
Can I not pay
Do not pay fees for overhaul services, the amount will be collected through the court, taking into account the penalty interest. In these matters, the regional operator always wins.
Consider whether it is possible not to pay contributions to certain categories of citizens.
The overhaul tax relates to utility bills, therefore, certain categories of citizens are provided with subsidies for payment in an amount depending on their subsistence level.
You can not pay fees to residents living in apartments of a departmental, municipal, state fund. In this case, they are not owners. The Fund must carry out repair and restoration work at its own expense.
Deferral for overhaul contributions
When buying an apartment in a new building, the owners ask when to start paying fees. It depends on the region of residence.
You can get a delay on the basis of Art. 170 LCD p. 5.1. It is stipulated here that if the house is included in the regional program after its approval, the deadline for collecting fees may be delayed.
According to the law, the maximum period of delay is 5 years from the moment it is included in the program. Only regional authorities can provide it.
A very sensible situation is explained in the following video material:
Housing overhaul tax
What is called the “overhaul tax” actually refers to utility bills. In the tax code, these norms are not fixed, but spelled out in the housing code.
The amount accumulated by the owners will be spent only on repairs of the common house property: foundation, roof, facade, basement, elevator, communications. The fee does not provide for the repair of individual apartments.
There is a lot of debate on the topic of overhaul in multi-apartment buildings. All apartment owners must pay the fees, otherwise the amount with interest will be recovered in court. It is not worth hoping that these standards will not be canceled, since many houses need restoration work, and the state does not have money for their implementation.
Overhaul fees have been levied on residents of apartment buildings in Russia since 2014. Such an obligation is spelled out in the provisions of the Housing Code of the Russian Federation. He decides that it is the tenants who must gradually accumulate funds in the account of the managing organization, and then let them in for repair work.
At the same time, there are many useful tips on how to legally avoid unnecessary expenses.
What includes overhaul
Do you need on this issue? and our lawyers will contact you shortly.
Reasons for not paying overhaul receipts
The question of how not to pay for overhaul worries most Russian citizens.
Many refuse to invest the promised increase in the comfort of their living.
There are several reasons for this:
- Firstly, the terms of the program focused on updating and restoration of apartment buildings do not have clearly defined validity periods. This raises doubts about the targeted spending of funds. For example, most citizens will not be able to say exactly where the payments for overhaul went in 2016.
- Secondly, the common areas, including attics, flights of stairs, technical rooms, the lobby, do not belong to the residents of the houses (this is most often the property of the municipality). Nevertheless, the funds raised are most often used for their restoration. Moreover, in the future, the municipality may lease them to commercial organizations and third parties.
- Thirdly, not all tenants need property repaired with their money. For example, it makes no sense for the residents of lower floors to present money for the restoration of the elevator.
The last moment is one of the reasons why citizens refuse to deposit funds in special funds of apartment buildings.
What threatens the refusal to pay for overhaul
Many Russian citizens not only do not want to, but actually do not pay for the overhaul of the apartment buildings in which they live. What is the risk of non-compliance with the norms prescribed by law in 2019?
- Initially, the municipality will send notifications of the need to pay off the debt associated with the overhaul of the house to the telephone and mail of the apartment owner.
- For each month of delay in contributions to the fund, a fine will be charged in the amount of debt in the amount of 0.5 to 5% of the payment.
- After six months, the issue may be referred to the judiciary.
How to legally avoid overhaul payments in 2019
Even taking into account the circumstances discussed above, there is a very real opportunity to refuse to pay for the overhaul of an apartment building and, moreover, on completely legal grounds.
At the same time, the refusal to pay for overhaul does not imply zero costs, but it can ensure their substantial reduction.
- Tenants to help
If the owner of the apartment leases his housing, then he can shift the obligation to pay a major overhaul to tenants. The latter currently live in the house, and, therefore, it is they who are interested in providing comfortable living conditions.
- Do it yourself repair
If the residents of the house do not want to pay money for the services to repair crews, then they can carry out the repair of the facade, roof, foundation, communications together on their own. However, in this case it will not be possible to completely avoid costs, since restoration and restoration work requires special tools and materials.
- Advertising banners
The most popular way to reduce overhaul costs is to put advertising banners on the facade of the house. Revenues from this type of activity also fund the capital repair fund without affecting the household budgets of the residents.
The latter option is convenient, but appropriate only in large cities, in houses located in places of high traffic.
Other ways of refusing to pay funds for major repairs are considered illegal and may result in administrative penalties in the form of penalties and fines.
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February 16, 2017, 23:16 Mar 3, 2019 13:50
With the introduction of the law on the mandatory payment of capital repairs, discussions are still ongoing of those who are “for” and who are “against” it. To understand this issue, you need to study all the points in order. Although still many people call this law unconstitutional or anti-people. Fundraising in an incomprehensible structure for the population - the regional operator adds urgency to this issue. So whether to pay for major repairs at home or not to pay?
Having received bills, many citizens have a question: is it possible not to pay for the overhaul of an apartment building? what will happen if you do not pay for the overhaul? This law was adopted at the federal level and it is almost impossible to challenge it. It was introduced in exchange for the past housing and communal services reform, the so-called 185-FZ. Then the repair work was carried out by financing state money and the money of residents. Now they have abandoned such a mechanism and transferred the entire burden of financing the program to the shoulders of the owners. Also, the old program did not differ in scale and in fact was failed. The modern program will cover almost all homes in the country.
The new housing and communal services reform, as conceived by its creators, should significantly improve the condition of the entire housing stock. In this case, if the regional operator is responsible for collecting capital repairs, they will contact the judicial authorities for non-payment. If the managing organization or the HOA is engaged in this, then the court will have to meet with the lawyers of these organizations. All arguments that you don’t know where and what you are paying for will be unconvincing, since information is not difficult to find. Each region has created its own base, by which you can find out the timing of home repairs for each type of work. This base can be found on the website of the regional operator, state housing inspectorate, ministry for housing and communal services of the region or your administration. If the terms of the work under this program do not suit you, then there is a mechanism for transferring them. If you you don’t know who you pay for the overhaul and don’t you understand who the capital repair fund is being formed, we will tell you what options exist for the formation of the capital repair fund.
Methods of forming a capital repair fund
Today there is three ways to form a capital repair fund. Regional operator, a structure created by the government in the region to collect contributions and organize work in apartment buildings in which residents have not decided on their own collection of contributions. You can create a special account with a regional operator. This is for those residents who decided to collect contributions on a separate account of their home and determine the terms of the repair themselves, but the authority to collect money and issue receipts for payment was given to the regional operator. This method is best suited for homes with a direct way of managing the house and the managing organization. And the third option is a special account of the house itself. This is the best way to form a capital repair fund and manage its timing.
To make such an account, it is enough to hold a house on this issue and open an account, having previously notified the state housing inspectorate and regional operator about this. Further, when contributions begin to accumulate in the account of the house, the general meeting determines the dates for any type of work. In this case, the management of the house’s management fully controls the fundraising and issues receipts for the overhaul, and all the issues related to the repair will be coordinated at the general meeting. Therefore, the best option is to take everything into your own hands, then there will be fewer questions on accrual. If you receive two receipts, then someone is clearly collecting funds illegally. Write to the local administration or prosecutor for clarification.
What if do not pay for major repairs
What will happen if not to pay for the overhaul of an apartment building? This question is asked by most opponents of the new line in the receipt. In October 2014 entered into force. According to this law, overhaul payments are mandatory and can only be challenged through the judiciary. An organization that collects contributions will sooner or later sue you for repaying debts. In this case, you will still be charged legal costs and the cost of a lawyer. Therefore, you need to weigh well the arguments that you will defend. There are several categories of citizens who have the right not to pay:
- living in houses recognized as emergency in the manner prescribed by law;
- living in municipal residential premises;
- living in new buildings.
For others, the law is binding.
In general, in order to understand why you need to pay, contact the management company and find out where you should first send the funds under this article. What types of repairs the house needs urgently. If the roof is leaking in the apartment building or the sewage system is constantly clogged, it is unlikely that repairs can be carried out through the “housing repair” article, but the expense item. Most likely, most citizens do not know that there is one or another problem in the house. Fees for contributions can provide in just a few years to improve the condition of the house, which means to raise the quality of living in it to a new level.
Should I pay for major repairs if the house is new
The residents of new buildings caused a special wave of indignation over the fees for capital repairs. Why overhaul new homes? This makes no sense. To raise funds for what else not worn out it's not just the lack of logic, but actually a fee for a non-existent service. In this regard, the Housing Code of the Russian Federation has been amended to the effect that regional governments may set a delay from raising funds for repairs for up to five years. Now residents of new buildings, if their house is put into operation after the start of the capital repair program, may not pay for this service.
According to the plan of the authors of the law, in five years in the new house it will already be possible to determine where it will be necessary to direct the funds under this article. Before starting the fundraising, hold a meeting of residents at which you decide how to form the capital repair fund. If this does not happen, then the local administration will decide on its own and the collection of contributions will be made by the regional operator in the so-called “common boiler”. Accordingly, the funds of residents of this house will go to the implementation of the program for other houses.
Retired people are the most vulnerable part of the population. Whether pensioners should pay or not for capital repairs is a very important issue. The constant increase in payments for housing and communal services primarily affects them painfully. Although it is they who are trying to pay all receipts on time. According to the pensioners, the following privileges are provided:
Lonely elderly people from 70 years old - a subsidy of 50% of the accrual. Starting from 80 years old - 100%.
Co-living elderly people consisting of non-working pensioners in the family starting at 70 years old - 50% of the amount accrued, and starting at 80 years old - 100%.
a list of citizens is also determined to whom assistance will be provided in the amount of 50% of the amount accrued:
- chernobyl victims;
- war veterans and their families;
- disabled people and families with disabled people;
- participants in nuclear tests at the Semipalatinsk test site.
Regional authorities have the right to expand this list and increase the amount of compensation. Therefore, in this matter, it is better to turn to regional legislation.
The obligation of homeowners to pay for major repairs arose in October 2014. And more than a year has already passed to trace the progress of its implementation. In different regions, it goes differently. Someone who managed it 90 percent, and only 10 percent. The quality of the explanatory work also leaves much to be desired, in connection with this more and more various questions arise. 2015 showed that the owners of apartment buildings are unsatisfactory about this program. First of all, it is connected in those houses the collection of contributions from which is made to the "common boiler". In this case, many owners were dissatisfied with the overhaul. Now, for the implementation of the new reform, the regional leaders are personally responsible to the President and no one will allow to show negative results in 2016. Moreover, given the pre-election year, many social activists, politicians and other active figures are trying to earn points on this, calling the program anti-popular and even promising to submit it to various levels of the judiciary in this regard.
But to a simple homeowner, all these tests and mistakes of the authorities, and especially the further promises that everything will be fine, do not make any weather. Alas, the owners of all residential premises are required to pay this type of service because they live in an apartment building, which means they are responsible not only for their meters, but also for the common property in the house. And this is the roof, and basements and elevators, etc. The management company is not required to pay the costs of a particular type of overhaul, and it is often very ineffective to carry out. The best option in this situation would be to monitor the overhaul of an apartment building.
On April 12, 2016, the Constitutional Court of the Russian Federation on whether or not to pay for major repairs and put a kind of point on this issue.