Russians traditionally take upon themselves the repair and maintenance of their apartments and houses, using the services of specialists only in extreme cases. This attitude to the maintenance of one's own housing is in conflict with the new law, in force since 2015, on services for major repairs. Of course, it does not apply to the direct living space of the owner of the apartment and extends to the public service sector and, at first glance, is quite objective and aimed at the good.
However, the need to pay for the good intentions of the authorities with their own finances makes us delve into the intricacies of the innovation in detail, as well as look for an answer to the question: what will happen if you do not pay for overhaul? For some, it seems rhetorical, for others - an occasion to think about the possible consequences after making such a decision.
How much will it cost?
Inaccurate tariff data for new utility bills is not uncommon. The same can be said about payments for capital repairs. The average tariffs at which it is established how much to pay for overhauls vary from 5 to 15 rubles. per sq. m. That is, the regions independently set the amount of contributions, based on the state in which the local housing stock is located. The highest rates were noted back in 2014, when the figures were 20-50 rubles. At the moment, experts still note the possibility of using modern technologies and materials, as well as the likelihood of an increase in overhaul periods.
Presumably, these factors, even in the most neglected subjects, will not allow raising the minimum reasonable price above 20 rubles. per sq. m. The unpleasant moments in this part include the fact that many citizens have already faced a high commission when paying by mail and through savings banks. On average, it is 30-50 rubles.
Who should pay?
According to the law, the owners of apartment buildings are required to pay for capital repairs. Now it’s worth figuring out whether all apartment owners need to pay for overhaul? According to the authors of the law, the poor should not suffer. In this regard, the benefits for payments for overhaul will be received by the same citizens who currently have them for everything
In other words, the Second World War, as well as a number of citizens who are included in social support programs, are not among those who have to pay for major repairs and related services. The payment of benefits will be carried out according to the old scheme: in case of exceeding the cost of paying for real estate by 10% after the inclusion of a major overhaul, the family will be entitled to subsidies.
What is included in the overhaul?
In order to assess the feasibility of contributions for the overhaul of houses, it is worth familiarizing yourself with the list of works included in this public service item. It includes the following:
- repair of roofing and load-bearing structures;
- recovery and ;
- repair work in basements;
- putting in order the foundations;
- renovation or repair of engineering systems (sewerage, water supply);
- replacement or installation of elevators.
Also, in some regions, it is planned to revise the smoke removal and fire extinguishing systems, conduct technical ones, etc. But these are still isolated cases, since the cost of overhaul against the background of its expansion increases significantly. One way or another, the works described make us consider the question in a new way: if you do not pay for overhaul, what will happen? In this context, it means what will happen to the house, because it was the number of emergency and in dire need of repair of apartment buildings that motivated the authorities to take such drastic measures.
Repair Guarantees
There are quite a few people who positively consider the overhaul of housing. To pay or not - for them such a question is not worth it, but at the same time there should be guarantees. In any case, many want to be sure that the money will not be stolen, but will be used in accordance with its intended purpose. Regional operators will take responsibility for this. In their departments, departments are being formed, among the tasks of which is the overhaul with the funds received by the regional funds according to the plan. All apartment buildings are included in special lists with registers, access to which will be provided to any payer. Thus, it is possible to track the expenditure of funds and the implementation of repairs for each object.
Arguments against contributions
Claims to the amendment from the date of its adoption come not only from ordinary citizens, but also from experts. In particular, the expediency of the innovation is called into question due to the fact that apartment owners do not own common house property. It is this aspect that justifies the very formulation of the question: to pay for the overhaul of housing or not? The fact is that the municipality transfers ownership of only a certain area of the house, but the attic, roofing, engineering networks and the basement are not included in the property of a particular tenant. A typical example illustrating the injustice of this approach is the obligation of the owners of apartments on the first floor to invest in the replacement of the elevator.
In addition to everything, the timing is unknown when the planned plan to improve the state of the housing stock will be implemented. For this reason, many owners deliberately refused to pay for the overhaul, since at the time of its implementation they will completely change their place of residence. For reference: in some regions, the implementation of repairs is stretched for decades - and this is only according to the documents.
If you don't pay?
It is difficult to predict what the practical consequences will be for those who refuse such cooperation with the municipality. In theory, the owner of the apartment has the right not to pay in full all the columns in the utility bill. Nevertheless, the question remains: if you do not pay for the overhaul, what will happen? The capital funds note that people who become indebted under this item will receive notifications. After that, as in the case of other utilities, you should wait for a trial. In accordance with the law, interest will also be added to the amount owed every month. However, from the moment the house is included in the list of those subject to major repairs, its owners have the right to independently determine the format for collecting money for the “repair fund”.
There are also rumors about the abolition of monthly compensation for citizens who are in the category of socially protected. This primarily applies to pensioners. That is, if the owner of this group does not pay for the overhaul, then the benefit in the form of an EBC will be canceled for him. In fact, such a measure has no grounds, since monetary compensation does not apply to major repairs.
How not to pay legally?
The most rational way to get rid of new obligations may be one of the options proposed by the authorities: the use of rental savings from the delivery of non-residential premises in the house and the independent implementation of repairs at the expense of residents. Of course, in this case, it is impossible to avoid collecting money, which will also be used for overhaul. To pay or not to pay according to the receipt - such a question will disappear and will be transferred to the responsibility of the meeting of homeowners.
Overhaul at the expense of the house
This option, as an alternative, is convenient for those who do not want to pay utility companies and plan to carry out repairs on their own. The scheme is quite understandable and has been worked out in other areas of public utilities: the owners at the general meeting decide to open an account for the house, from which maintenance activities will be financed. In this case, a legal suspension of payments is allowed and it is possible not to pay for overhaul to regional funds. However, it is important to consider that the amount on the account of the house must correspond to the minimum set by the regional authorities for major repairs. That is, self-collected money must correspond to the size of the total payments for a particular house.
Financing from rent and advertising
Almost every apartment building has non-residential premises. Since the mandatory payment of contributions for overhaul assumes that all the property of the building is in the possession of the tenants, they can dispose of it at their discretion. So, for example, at the expense of rental income, you can make up for the cost of overhaul. To pay or not to pay - in this case, such a question does not become. Moreover, the owner of the apartment may not invest a penny at all from his personal pocket.
But again, the main thing is that the amount from the lease of non-residential areas is enough to cover the cost of repairs. In addition to this method, the possibility of providing a facade as an advertising platform can be noted. By the way, the new law may become an occasion to check how this financial potential is used in the house. The most active members of the self-government often receive income from rented premises. Perhaps they should be redirected to directly improve the condition of the house?
Emergency houses - do I have to pay?
At the moment, this is the most pressing issue that affects not only the overhaul program, but also the procedures for resettling residents. The law clearly states whether it is necessary to pay for major repairs in emergency housing - no, until it is excluded from the program. Nevertheless, in many regions there are cases when the owners of apartments in non-repairable buildings complain about receipts with payment points for recognized as emergency, which should be excluded from the list of objects for the restoration of which funds are collected.
Similar inconsistencies arise from other problems. In this case, these are delays in resettlement. People complain that while they are waiting in line, they have to pay the cost of maintaining a potentially uninhabitable house. In this regard, the question is interesting: if you do not pay for major repairs, what will happen in the case of housing that has received the status of emergency? The authorities indicate that all funds raised for such houses will be used to demolish them and implement a resettlement program.
Conclusion
As you know, many laws at the first stages of implementation reveal significant shortcomings and are adjusted in accordance with them. Most likely, this is also waiting for the mandatory overhaul of houses, since its flaws have a very noticeable effect on the financial well-being of citizens. At the same time, it is important to note the alternative opportunities that were left to people who want to put their houses in order on their own. True, even in such cases it will not be possible to avoid the hassle of organizing a major overhaul. After all, in addition to the general collection of money from the owners, it is necessary to look for and hire a contractor.
One way or another, today in Russia millions of houses are in need of repair. To take responsibility for the maintenance of the house into their own hands or to lay it on the state - each house management decides privately. But one thing is clear: the costs of overhaul are borne by the citizens themselves, and this is perhaps the main drawback of the new amendment.
A few days ago, the first "zhirki" came to Nizhny Novgorod with a new line - "contribution (tax) for major repairs." The amounts are rather big - from 250 rubles to 630. Disciplined payers immediately ran to pay all this to the post office and savings banks, where another surprise awaited them - they would have to pay a rather strong commission, from 30 to 50 rubles. But the worst thing is that people are driving themselves into a trap with this first payment! Why? Let's figure it out.
The problem of an unfair program fell into view Union of homeowners of the Nizhny Novgorod region, whose activists decided to teach everyone how not to be deceived. The topic of the next meeting of the Union, which we happened to attend, was how to convey the truth about the overhaul to more Nizhny Novgorod residents.
Natalya Shartanova
- Do not try to pay bills (line in the receipt) for major repairs to the Regional Operator - this will be your voluntary agreement with all the clauses of the contract unknown to you and complete bondage! - says the chairman of the Union, Natalya Shartanova, - You do not own the common house property - you do not have a green certificate for the right to own the common property of the house, the municipality (state) transferred to you only an apartment, but did not transfer attics, stairwells, roofs, basements, communications etc. Let the state (municipality) bear the burden of maintaining what it owns! And the first payment on the account before you saw the contract means its conclusion. (Clause 1 of Article 181 of the Housing Code of the Russian Federation).
Moreover, you may not wait for that happy moment when the elevator is changed, the roof or facade is repaired. We can move out of the house before it's his turn in the 30-year program. And in general, who came up with the idea to stretch such a project for three decades? The situation in our country is extremely unstable. Today, building materials cost so much, and tomorrow - 10 times more.
But the misunderstandings don't end there. Who runs to pay "fat" in the first place? That's right, pensioners who are hardened by the system. Moreover, the current authorities add fuel to the fire. For example, in social security they have already threatened grandparents: if you do not pay for overhaul, we will deprive you of EBC (monthly monetary compensation). And, by the way, the EBC does not apply to the overhaul and installation of meters, which are included in the “greases”. And in general, as pensioners note, the rent is increasing every month, and the EBC is getting smaller.
Residents: “The rent is getting bigger, the EBC is getting smaller!”
In general, the implementation of the overhaul program was mired in lies from the very beginning. So until November 8, apartment owners had to decide on the method of accumulating funds for overhaul. To do this, it was necessary to initiate a meeting of owners, collect their signatures, a bunch of papers, make calculations, run around a bunch of authorities ... Not only did the authorities hardly inform the townspeople about this, but they also concealed the main thing. It turns out that it was the district administrations that had to do all this work!
Olga Shishkina
- A month before November 8, the local government was obliged to organize meetings of residents of all apartment buildings. But the administration pretended that this was not prescribed by law. In fact, we are not obliged to run around the floors, grab grannies by the hand, demand to sign papers, but the authorities had to do it!- clarifies the situation a member of the initiative group of the microdistrict. hero Usilov Olga Shishkina, who studies the issue of overhaul in detail.
But even if you and your neighbors unknowingly fell into a “common pot”, there is a way out. After all, you have simply been deprived of the right to choose.
“We are talking about a violation of the procedure, which means we can go to court,” Olga Shishkina continues, “How it all happened in March: you received a payment with a new column and two barcodes, you were sent for clarification to the turnover of the “zhirovka” and from there to the website. And already on this site you can see the contract. The very day you received the receipt is the date your rights were violated. You take a receipt and go to court with it, and explain this way: “I don’t have the Internet, I don’t know how to use it. And I ask you to remove the house from the common boiler, because no one came to us and did not hold meetings.”
And one moment. The overhaul fee is charged based on the number of square meters of the apartment and the number of owners. And the account, for some reason, comes to the name of one person - the responsible tenant. Why does he have to take the rap for everyone? After all, maybe none of these owners live in the apartment. Therefore, this situation must also be explained in court: “My son lives in Murmansk and is not going to return, and my mother is establishing life in the village. Send fats to them at new addresses.” That is, there should be as many payments as there are owners in each apartment. And everyone must pay in proportion to what belongs to him.
To comment on the situation in which the residents of Nizhny apartment buildings were left in the cold, and the municipality did not help them figure it out, we asked Sergey Sinitsin, director of the department of housing and engineering infrastructure of the city administration.
Sergey Sinitsin
- Yes, indeed, the administration should initiate meetings of tenants. But the initiation is different. We either had conversations with the chairmen of apartment buildings (MKD), or posted announcements with a proposal to hold a meeting. But people did not respond to them, - says Sergei Grigorievich.
To be honest, we doubted the reality of such statements. None of the people we interviewed saw such announcements in Nizhny Novgorod.
“I saw photographs in which everything is recorded,” Sinitsin continues to insist, “Perhaps people just read and ripped off these announcements. In addition, we have published 150,000 brochures and held 149 training seminars. In our region, 11 percent of houses have switched to a special account. This is the largest percentage in the Volga Federal District.
However, Mr. Sinitsin also notes that if you or your neighbors have not chosen a special account, there is no tragedy in this. And it is not necessary to go to court, you can sort it out peacefully. Residents of MKD have the opportunity to transfer to an account after a certain period. Now it is two years, but a bill with a term of only one year is being considered. That is, residents will be able to carry out the procedure for choosing a method of accumulating funds for overhaul, and if a special account is selected, the money that has already fallen into the “boiler” will be returned.
In the near future, members of the Union of Homeowners and other interested organizations plan to organize public events, disseminate information on social networks, and answer all questions of people who are not indifferent to the problem of overhaul.
Photo by Irina Elagina
Contribution to capital repairs - is it legal? Yes- according to Federal Law No. 271-FZ, which is dedicated to the need for major repairs, these contributions became mandatory, along with utility bills, and the Housing Code was replenished with new additions - this.
So, no matter how unpleasant it is, you still need to make these contributions.
Where do they go?
There are two options:
- special account of a specific serviced house(Article 175 of the LCD). It is created at a meeting of homeowners. If the latter is not carried out - and this is exactly what happens most often - the “default” option is selected, that is, the second one;
- regional operator(usually).
There is an opinion that in the latter case, the tranches go, as it were, “to a common boiler”, and it turns out that a citizen sponsors not only his own house, but also the repair of others.
It's really not like that- payments are indeed added to a common account, but they are carefully monitored and will be used exclusively for their intended purpose.
Responsibilities of the regional operator:
- creating a work plan and setting deadlines;
- choosing a bank for transferring funds;
- hire a contractor, monitor the quality of performance;
- make settlements with the contractor.
Is it legal to charge for major repairs? Some apartment owners refer to the fact that if no contract has been concluded, this means that you can not pay.
However, the implementation of the law does not provide for the binding nature of the contract - already it is enough that the owner owns the apartment and lives in an apartment building using common property.
When planning repairs, the following criteria are guided:
- old age of the building;
- the degree of wear of structures;
- state of engineering systems;
- is there an elevator in the house;
- When was the last repair done?
- how much has already been collected from the required amount.
Overhaul: to whom and for what do we pay?
When to pay?
As article 171 of the LCD says, due date is the tenth day of the following month. If a fee is missed, penalties will apply. The Central Bank of the Russian Federation also approved its size - 1/300 of the refinancing rate.
Article 171
- In the event that a capital repair fund is formed on the account of a regional operator, the owners of premises in an apartment building pay contributions for capital repairs on the basis of payment documents submitted by the regional operator within the time limits established for making payments for housing and utilities, unless otherwise provided by the law of the subject of the Russian Federation. Federation.
- In the event that a capital repair fund is formed on a special account opened in the name of a person specified in paragraph 3 of Article 175 of this Code, contributions for capital repairs are paid to such a special account within the time limits established for making payments for housing and communal services. Contributions for capital repairs are paid on the basis of a payment document provided in the manner and on the conditions established by part 2 of Article 155 of this Code, unless other procedures and conditions are determined by a decision of the general meeting of owners of premises in an apartment building.
The exact amount of contributions and payment procedure regulated in accordance with the norms of each region of the Russian Federation.
In what cases is it illegal?
Overhaul fees are illegal in cases, providing for exemption from major repairs, there are only two of them:
- emergency housing to be demolished;
- the house, plot or separate premises is confiscated by the authorities.
- pensioners over 80;
- family of unemployed pensioners.
Charging a repair fee is illegal for those who have benefits::
- disabled people of groups 1 and 2;
- disabled children;
- families with disabled children;
- pensioners over 70 years of age.
Also, the category exempted from the overhaul fee is claimed by who bought apartments in new buildings. However, no norms confirming the exclusivity of their position have yet been approved, and the illegality of contributions for overhaul is debatable.
What acts confirm the legality and legitimacy?
Does a home improvement fee break the law? Not, the validity of the payment requirements is confirmed by law- this is, first of all, Federal Law No. 271-FZ of December 25, 2012.
This is also confirmed by Housing (Art. 153, Art. 166, Art. 167, Art. 168, Art. 169, 171, 175, Art. 36, Art. 39), Civil (Art. 210 and Art. 249, imposing equity co-owners to participate in the collection of money for the maintenance of houses) codes.
Article 39. Maintenance of common property in an apartment building
- The owners of premises in an apartment building bear the burden of maintaining the common property in an apartment building.
- The share of mandatory expenses for the maintenance of common property in an apartment building, the burden of which is borne by the owner of the premises in such a house, is determined by the share in the right of common ownership of common property in such a house of the specified owner.
- The rules for maintaining common property in an apartment building are established by the Government of the Russian Federation.
- In accordance with the principles established by the Government of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation establish lists of measures to save energy and improve energy efficiency in relation to the common property of owners of premises in an apartment building, to be carried out at a time and (or) regularly.
Article 210. Burden of maintenance of property
The owner bears the burden of maintaining the property belonging to him, unless otherwise provided by law or contract.
Article 249
Each participant in shared ownership 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 maintaining and preserving it.
The decision to create regional operators issued by the government of a particular region of the Russian Federation.
Court decisions and judgments of legality
Overhaul fee: legal or not, we found out. Is it possible and how to refuse it?
As practice shows, attempts to defend their belief in the right not to pay for the repair of native walls with the help of the law will not be successful.
For example, the courts of the Ryazan region fully satisfied the claims of the fuel and energy complex and the management companies against the owners who refused to pay for the overhaul.
In addition, one of the defendants, Borisov, will also be required to pay the legal costs incurred by the housing department when filing a lawsuit.
Truth, this does not mean that the management company can charge arbitrarily high requirements for contributions.
For example, in 2013, the Salavatsky City Court (Rep. of Bashkortostan) satisfied the claims of the plaintiff Ivanova, who regularly received demands to pay for the repair of the roof of the house on her part.
The woman did not agree with the fee that the Criminal Code charged her and referred to the fact that she pays for the apartment regularly, and did not sign any agreement on additional tranches, and in fact no one even notified her about the planned repairs.
Documents were raised, including receipts and an extract from the personal account, according to which it was established that in the amount that the Management Company wants, payments are considered illegal.
However, this does not mean they are optional- The court ruled only on the recalculation. Which is what was produced.
Is it legal to charge for major repairs? Yes, the payment for the repair of the house in which you live is an inevitable and obligatory phenomenon, like the law of gravity.
It must be done, if only because even stone walls are not eternal, but every person wants to live in a safe, convenient and comfortable home, and therefore he pays first of all to himself.
By purchasing, many owners are confident that for a certain time they will be relieved of payments to the Housing Capital Repair Fund. And the more unexpected for them is the receipt of payment documents from the above-mentioned Fund with the amounts due for payment. Real estate owners have reasonable questions about when they start paying for major repairs in a new building, and whether the actions of the territorial authorities are legal in relation to buildings that are less than 5 years old from the date of commissioning.
Legislative aspect of the issue
The collection of funds to the Capital Repair Fund of common house property is carried out, in accordance with the requirements of the Housing Code of the Russian Federation, from all owners of premises located in a residential apartment building. This applies to both residential and non-residential owners.
The amount of the fee is determined taking into account the area of the dwelling and the value of the territorial coefficient used in the calculation according to the formula: k * n = S, in which k is the cost of repairing 1 sq. meter of premises, installed in the region, and n is the area of housing owned, that is, privatized by the owner.
As a rule, the amount of the minimum contribution in different regions has its own meaning and is calculated individually for each household based on the technical expertise of the building.
Do I need to pay the owners of apartments in new buildings
According to the LCD, the following categories of citizens are exempted from paying contributions for MKD:
- owners of housing included in the list of dilapidated and subject to demolition;
- owners of apartments in houses where wear and tear is more than 70% and the implementation of a major overhaul is considered unprofitable, since it exceeds its standard cost (set at the local level in the form of the maximum cost of repairing 1 square meter of housing area);
- owners whose house, on the basis of a decision of the regional authorities, is alienated in favor of the state or municipality due to the need that has arisen (construction of road or other communications, etc.);
- citizens living in houses in which major repairs have already been made without attracting funds from the municipal budget or the regional FKR (in other words, at the expense of the owners themselves);
- residents of municipally owned apartments (that is, tenants living in non-privatized housing);
- residents of houses where the amount of contributions for major repairs has reached the minimum allowable value sufficient to carry out the established list of works (in this case, at the general meeting of residents, a decision can be made to suspend payments, which is notified in writing to the territorial operator of the Fund).
As can be seen from the list of persons exempted from making payments to the Capital Repair Fund, there are no owners of new housing in it. Therefore, real estate owners are obliged to make contributions for major repairs in new buildings on a general basis.
Exceptions to general rules
Where did the information about the exemption from payment of contributions for the overhaul of owners of housing in new buildings come from for 5 years from the date of delivery of the house? Some confusion was introduced by amendments to the LCD, adopted in 2016. In accordance with them, a house put into operation after 06/01/2016 is recognized as a new building. Nothing is said about the abolition of mandatory payments for the overhaul of new buildings in this version of the bill.
A period of 5 years is the minimum period for which the developer's warranty covers the elimination of malfunctions and malfunctions in the object handed over to him. During this period, the construction company is obliged to solve all the problems that have arisen during the operation of the house at its own expense. On this basis, the owners of apartments in new buildings believe that the payment for the overhaul of the building is not obligatory for them. However, this is not the case. The guarantee provided by the developer is in no way connected with the payment for the overhaul of the new building.
The system for adding a new building to the queue for major repairs is as follows:
- After the building is put into operation, the municipality takes it on the balance sheet and registers it with the cadastral authorities.
- According to the LCD, all residential buildings must be included in the regional overhaul program without fail (regardless of when its deadline comes up). Every year, the regional government introduces new objects to this list, indicating the period of work, determined on the basis of average indicators of depreciation of the housing stock.
- After a new building is included in the regional program, homeowners are required to pay a monthly fee in the prescribed amount to the FKR of apartment buildings.
According to the JK, this obligation takes effect after 8 months from the date the program enters into force. However, in practice, the issue of accruing payments to the Capital Repair Fund is entirely at the discretion of the regional authorities. In some constituent entities of the Russian Federation, a deferral of payments is provided for owners of apartments in new buildings. Its duration can vary from several months to 5 years, depending on the regulations of a particular region.
What benefits are provided for the payment of contributions for major repairs
According to federal law, some categories of citizens may be fully or partially exempted from paying contributions for overhaul. It is important to remember that the list of persons who are entitled to is formed by the regional government and can be changed by adding additional items or excluding existing ones. Basically, subsidies are provided to citizens who have low-income status or meet certain criteria. Compensation is provided:
- single pensioners over 80 years of age, who are completely exempt from paying the contribution;
- single seniors over 70 years of age are entitled to 50% of the established contribution amount;
- disabled children, their parents, as well as adults with disabilities of groups 1-2, are provided with a payment in the amount of 50% of the accrued amount.
Benefits are provided on the basis of a written application of the owner to the branch of the territorial Capital Repair Fund, and upon presentation of documents proving the right to receive them.
In addition, in cases where homeowners made payments for major repairs over a certain period, and then the house was declared unsafe and was included in the list to be demolished, tenants are entitled to a full refund of the funds paid (if the meeting of owners decided not to redirect these demolition funds).
How the funds transferred to the Capital Repair Fund are spent
The main indignation of the residents of new buildings is caused by the fact that the capital repairs have to be paid at the moment when the house has the status of a new one and is under the guarantee of the developer, that is, it will not need major repairs in the foreseeable future. In this case, it should be taken into account that by directing contributions to the territorial Fund, the owners contribute to the accumulation of the total amount of funds for the overhaul of all apartment buildings in the region. That is, the money goes to the so-called "common pot", from where it will be transferred to the address of households that are first in line for reconstruction.
The amendments made to the LCD in 2016 make it possible to change such a scheme for accumulating and spending funds. According to the innovations, by the decision of homeowners, the formation of savings for major repairs can be carried out targeted, for the needs of a particular building. To do this, the owners of residential premises in the MKD need to perform the following actions:
- a general meeting of residents to decide on opening an individual personal account, where money will be transferred for the overhaul of the building;
- determine the amount of monthly contributions (their value should not be less than that established in the region);
- appoint a representative who, by the decision of the residents, will manage the funds (this may be the Criminal Code, the HOA or the territorial Capital Repair Fund);
- determine the approximate time for the overhaul of common house premises.
The advantages of this method of accumulating funds for the overhaul of the building are obvious. The main one is that the funds on the account are managed by the owners, who independently decide on the timing and scope of work to repair the housing stock.
In addition, the owners of apartments in the MKD themselves select contractors, carry out quality control and acceptance of the work performed. With this form of payment for overhaul, you can be sure that the funds collected by the residents will be used for their intended purpose. You can withdraw money from the account only for the implementation of a major overhaul, upon presentation of documents confirming the intended use of funds.
Is it possible to not pay for overhaul at all?
Ignoring receipts from the FKR may lead to the recovery of debts for payment of utility bills (which include contributions to the Fund) in court. In this case, the owner will have to pay not only the amount accrued over the past time, but also the penalties accrued from the moment the payment was stopped, as well as the legal costs that the plaintiff brought to court.