The management authority is responsible for the proper maintenance of the common property of the owners in the house
The organization managing the house, having concluded a management agreement with the owners, is responsible for the proper maintenance and repair of their common property. To do this, the management authority is obliged to provide maintenance of the house, monitor its condition and, if necessary, carry out current and major repairs of MKD elements (Part 6, Article 55.24 of the Civil Code of the Russian Federation, Part 1, Article 36 of the Federal Law of December 30, 2009 No. 384-FZ, Part 2 of Article 162 of the Housing Code of the Russian Federation).
The proper maintenance of the common property of the house in a broad sense means the serviceability of the structural elements of the house, in-house engineering systems and networks in accordance with the requirements of regulations, SanPiN and technical documentation for MKD (part 8 of article 55.24 of the Civil Code of the Russian Federation, paragraph 10 , 11 RF PP No. 491).
In order to properly maintain the common property of the owners, the management authority must conduct inspections of it. According to paragraphs. 2.1.1, 2.1.4, 2.1.5 of Rules No. 170, two scheduled inspections must be carried out per year: spring, after the end of the heating season, and autumn, on the eve of the autumn-winter period. Other inspections are carried out as needed and are considered unscheduled.
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Or return the money paid
There is a chance to return previously paid money if:
- the new owner is a beneficiary;
- the former owner lost ownership of the premises by the time this rule was introduced.
If the capital repair fund is formed in a special account, then when processing a refund in these cases, the basis for conducting banking transactions will be “Write-off of funds erroneously credited to a special account due to a payer’s error” (Part 4.2 of Article 177 of the RF Housing Code).
You can recalculate and return previously paid contributions for major repairs if:
- the owner paid off the public education debt
The regional operator recalculates and returns all previously paid money to the applicant’s account and issues the debt to the former owner.
- the new owner did not repay the debt of the former owner
The regional operator writes off the debt, recalculates it and returns the money (if the debt is partially repaid). The debt is issued to the former owner - the public entity.
The MA conducts inspections of common property and plans work on current or major repairs of defects
Based on the results of the spring inspection, the management authority draws up a report where it records the faults found in the elements of the house and plans work to eliminate them: as part of routine or major repairs. The first is paid from the funds that the owners pay monthly for the maintenance of the residential premises. The second comes from the capital repair fund, which is formed through monthly contributions from the owners.
As the Ministry of Finance of the Russian Federation indicated in letter No. 16-00-14/10 dated January 14, 2004, the technical services of the management organization are required to determine the type of necessary repair work - current or capital - in accordance with existing legal acts and regulations.
The letter of the Ministry of Construction of the Russian Federation dated February 27, 2018 No. 7026-AS/08 gives the following definitions of types of repairs of common property:
- The current one is the elimination of minor faults identified during the daily operation of the house, in which such an element practically does not go out of service, its technical characteristics do not change. This is work to systematically and timely prevent deterioration of house structures through preventive measures.
- Capital is the restoration of the lost original technical characteristics of the house element as a whole, while its main technical and economic indicators remain unchanged.
In Art. 2 No. 185-FZ, the overhaul of an apartment building is understood as carrying out work to eliminate malfunctions of worn-out structural elements of the common property of the owners, including their restoration or replacement, to improve their operational characteristics. In the same interpretation, the concept of overhaul is used in RF PP No. 491 (clause 21 of RF PP No. 491).
Current repairs are considered preventative and consist of work systematically carried out by the organization to prevent wear and tear on structures, finishes, and engineering equipment, as well as work to eliminate minor damage and malfunctions (clause 18 of RF PP No. 491).
The list of overhaul works is specified in the Housing Code of the Russian Federation and No. 185-FZ
The list of works that are classified as capital works is specified in Art. 166 Housing Code of the Russian Federation, Part 3, Art. 15 No. 185-FZ:
- repair of in-house engineering systems of electrical, heat, gas, water supply, drainage;
- repair or replacement of elevator equipment deemed unsuitable for operation, repair of elevator shafts;
- roof repair, including conversion of an unventilated roof to a ventilated roof, installation of exits to the roof;
- basement renovation;
- facade repair;
- installation of collective (common house) metering devices, including automated information and measuring systems;
- repair of the foundation of an apartment building.
When overhauling structures and engineering systems as part of the common property of an apartment building, at least 50% of each structure and engineering system is replaced. This is indicated in clause 2.1.6, note. 1 to table 2.3 section. 2 “Methodological recommendations for the formation of the scope of work for major repairs of apartment buildings”, published on February 15, 2013 by the Housing and Communal Services Reform Assistance Fund.
The list of works that will be carried out in a particular apartment building and their cost are approved by the owners of the premises at the general meeting of owners (clause 1, part 2, article 44, part 1, article 189 of the Housing Code of the Russian Federation). The management organization acts as the executor of such decisions and does not have the right to independently resolve these issues.
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Current repairs are aimed at preventing deterioration of the house and eliminating defects and malfunctions
In accordance with clause 2.2 of the Methodological manual for the maintenance and repair of housing stock. MDK 2-04.2004, current repairs of the common property of a residential building are repairs carried out as planned in order to restore the serviceability or performance of a residential building, partially restore its resource with the replacement or restoration of its components.
Appendix 2 of the manual contains a list of works that relate to the current repair of common property and the payment for which is included in the amount of the owners' payment for the maintenance of residential premises. The works are divided into 13 groups depending on the object of work.
Work on routine repairs of the common property of the owners is also specified in the RF PP No. 290, which provides a mandatory minimum list of works and services that the management must perform/provide for the proper maintenance of the common property of the owners in the apartment building.
However, as practice shows, these lists are not exhaustive. If, in order to maintain the elements of the house in proper condition, it is necessary to carry out work that is not specified in RF PP No. 290 and other regulations, the management organization is still obliged to carry it out due to the obligations assumed under the management agreement.
Wherein:
- The management authority must carry out routine repairs even without a decision of the general meeting of premises owners.
- The management organization’s lack of funds for such work does not relieve it of the obligation to carry out routine repairs.
This legal position is reflected in judicial practice: No. A74-6267/2015, No. 2-157/2018, No. 33-9061/2017.
Is the management company obliged to carry out routine repairs without a decision of the general meeting?
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Do I have to pay these bills?
According to the Federal Law, each owner is obliged to participate in collecting funds for major repairs , since they are included in standard payment documents for housing and communal services (Article 169.1 of the Housing Code of the Russian Federation).
If he does not pay the receipts on time, or does not do so at all , penalties will begin to accrue if payment is not made by the 20th of the current month (for the past month) .
If the owner constantly ignores receipts, the debt (including penalties) can be collected through court . Also, along with the debt, he will be forced to pay legal costs.
No one can evict a defaulter from an apartment , but various restrictions will apply, including a ban on leaving the country.
Carrying out major renovations to your home does not relieve you of your responsibility to raise funds. They will “accumulate” until next time.
The management authority is obliged to carry out routine repairs of an element of the house even if major work is necessary
The management company is obliged to carry out the necessary routine repairs, regardless of whether it has the funds for this and whether the owners made such a decision at a general meeting. Major repairs are carried out only if a decision on this is made by the owners of the premises in the house at a general meeting.
But current and major repairs are not mutually exclusive, and the need for capital work does not exempt the organization from carrying out current repairs.
This conclusion was made by the court when considering the appeal of the UO demanding that the order of the State Housing Inspectorate body and the decision of the court of first instance in case No. A17-6634/2017 be declared illegal.
After an unscheduled inspection of the management organization’s activities, the housing inspectorate ordered it to eliminate defects in the structural elements of the house. The management office insisted that the work listed in the order did not relate to routine repairs, but to major repairs. To carry them out, a decision of the owners at the OSS is required.
However, the court indicated that the GZHN body did not oblige the management organization to make major repairs in the house. The organization has the right to choose how to eliminate identified violations and what amount of work is required for this. The management organization was unable to prove that the violations specified in the State Property Management order can be eliminated only by carrying out major repairs.
The court noted that the need for major repairs in itself is not a circumstance that relieves the management company from the obligation to maintain the common property of the house in proper condition and carry out routine repairs until the relevant capital work is organized.
Procedure for receiving recalculation
To receive a recalculation or return previously paid amounts of contributions for major repairs, the new owner of the premises submits an application and provides documents confirming the data specified in the application and ownership of the premises.
The Ministry of Construction of the Russian Federation says that so far few of the owners who are faced with such a situation know about their possibilities. Therefore, repositories need to approve and place on the main page of their websites:
- procedures for submitting and considering applications from new owners for recalculation or refund of contributions for major repairs,
- forms and composition of submitted documents,
- terms of consideration and decision-making.
If the new owner does not have documents that would confirm that he paid the debt for the previous owner, this is not a reason to worry. The regional operator or organization that charges contributions for capital repairs conducts the inspection independently.
The regional operator will open a new personal account for the new owner, with the transfer of actual payments and preservation of obligations to pay the debt of the previous owner on the previous personal account.
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Remember
From an analysis of the norms of housing legislation, we can conclude that major repairs include a strictly defined list of works to restore, install or replace elements of worn-out elements of the common property of the house. Such work is carried out only with the consent of the OSS and is paid for from the capital repair fund.
Maintenance work that is required to prevent wear and tear on elements of common property or to eliminate minor defects must be planned and carried out independently by the management company in accordance with its obligations under the management agreement and at the expense of the funds that residents of the apartment building pay monthly for the maintenance of the residential premises.
At the same time, if during the inspection of the common property the management organization established that in order to eliminate the detected defects it is necessary to carry out major repairs, this circumstance does not exempt it from ongoing work on the repair of such elements until the moment when the owners make a decision on the major repairs.
Otherwise, the GZhN body has the right to hold the management organization liable under Part 2 of Art. 14.1.3 of the Code of Administrative Offenses of the Russian Federation and oblige to carry out repairs without taking into account what kind of work - routine or major - is necessary to eliminate violations.
But you can request a recalculation
If the owner has paid in full or not in full, or is just about to pay the debt for major repairs of the previous owner, he has two options to save his money:
- recalculate previously accrued contributions for major repairs and offset them against future payments,
- recalculate and return previously paid contributions for major repairs.
The new owner will be able to recalculate accrued contributions for major repairs and offset them against future payments if:
- he paid the public education debt in full
The regional operator recalculates the debt to the new owner against future payments and issues the debt to the former owner.
- he didn't pay his public education debt
The regional operator writes off the debt from the new owner and makes a recalculation against future payments in connection with the partially paid arrears of contributions. The debt is issued to the former owner.
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