And why is this not surprising: homeowners are charged contributions for overhaul, but the repair itself may not be

CrimeaPRESS reports:

Ever since apartment owners were legally required to pay contributions for major repairs (Articles 154, 158 of the LC RF), people have been wondering: where does this money go and why is the house not being renovated? Many even attempt to prove in court that they are not required to pay for major repairs if they are not actually carried out. But here, portal experts emphasize Legal subtletiesthe following points should be taken into account.

Firstly, not any home repair is recognized as capital. According to Art. 166 of the Housing Code of the Russian Federation, overhaul includes works and repair services:

• house engineering systems,
• elevators, elevator shafts and machine rooms,
• roofs,
• facade,
• common house basements and the foundation of the house.

By decision of the regional authorities, this list may be supplemented by other works.

Therefore, it makes no sense to refer to the court that the overhaul fee is charged unreasonably, since the walls in the entrance of the house have not been painted for several years — this is not a major, but a current repair, which the managing organization is obliged to carry out at the expense of monthly payments from the owners due to the maintenance of the common house property.

Secondly, the terms for the overhaul of each house are fixed at the regulatory level — in the Regional program for the overhaul of common property in apartment buildings, which is developed and approved at the level of each subject of the Russian Federation.

If the overhaul is not carried out within the period established by the program, the owners have the right to demand that the Overhaul Fund fulfill its obligations, incl. in court — and his reference to the fact that there is not enough money will not make any difference (see, for example, the definition of the Third KSOY No. 8G-19630/2022).

The owners of the premises can speed up the time for the overhaul of the house (compared to the Regional Program) by switching to the so-called. special account (when funds for overhaul are formed on a separate account opened for a particular house).

Then, as the required amount accumulates on the account, the owners can decide at the general meeting to carry out a major overhaul (Article 189 of the LC RF).

Thirdly, it is possible to be exempted from paying contributions for overhaul only on the grounds that are directly provided for by law (this includes, in particular, benefits for non-working apartment owners who have reached the age of 70, for residents of houses recognized as emergency, houses where less than 5 apartments — article 169 of the Housing Code of the Russian Federation).

Unfortunately, the law does not provide for the exemption of owners from paying contributions due to the fact that major repairs were not carried out.

So, for example, a woman went to court, demanding to recognize as illegal the additional accrual of contributions for overhaul for the last 5 years in the amount of 36 thousand rubles, since she had not been sent receipts before, and the house had never been overhauled during this time.

The court refused her, pointing out that, according to the Regional Program, the earliest work on the overhaul of her house was scheduled for 2038, but her obligation to pay contributions arose from 2014, when she became the owner of the apartment.

As for missing the statute of limitations, then, according to the court, putting out a debt for 5 years on the receipt does not at all oblige the owner to pay it: she has every right to pay contributions within the 3-year statute of limitations (determination of the Tula Regional Court No. 33-3188 / 2022 ).

source: Legal subtleties

News of the Crimea | CrimeaPRESS