On October 1, the Law “On Garage Associations” came into force: for the first time in the history of Russia, separate rules were written for garages
CrimeaPRESS reports:
According to the new rules, gates or barriers at the entrances to garage cooperatives, as well as entrances to boxes and other paths are recognized as common property. In practice, this means that no one will be able to block the driver’s entry into his personal garage. At the same time, the responsibility of car owners themselves will increase — it will not be possible to arrange unauthorized dumps near the garage or develop recreation areas without the permission of all owners. What else will change for garage owners in Russia, I figured out «Parliamentary newspaper».
For vehicle storage only
The need for garages during the Soviet era arose when cars ceased to be a luxury and became a means of transportation. However, not only car enthusiasts had garages; horseless people also sought to acquire extra meters.
The garage in the Soviet Union was more than just a place to park a car. Here they kept things for the winter — pickles and preserves, unnecessary rubbish — yellowed magazine subscriptions and old clothes.
And the garages were also something like men’s clubs, where drivers and non-drivers in the evenings or weekends drank a glass or two and had intimate conversations. Soviet wives knew exactly where to look for their late husband — in the garage.
This freedom was largely explained by the fact that garages were actually illegal territories. Of course, the rules for the construction and operation of parking areas are still regulated by separate regulations. At the same time, the very concept of “garage” has not yet been included in the legislation.
This was noticed back in 2021 by the head of the State Duma Committee on State Construction Pavel Krasheninnikov and Vice-Speaker of the Federation Council Andrei Turchak, who prepared the corresponding bill. Finally, this summer the law was adopted, and on July 24 the president signed it.
Up to two floors plus basement
According to the law, which comes into force on October 1, a garage is defined as a non-residential building intended exclusively for storing vehicles. Garages can have no more than two ground floors, and they can also have basements.
In addition, it is clarified that garages can be free-standing or located in the same row with other garages and have common walls, roofs, foundations and communications with them. It is precisely such objects that the new rules apply to.
However, the law does not apply to garages that are:
- auxiliary facilities in relation to individual residential buildings and summer cottages;
- objects for industrial or commercial purposes;
- public sector facilities;
- objects of transport organizations;
- non-capital objects.
Also, parking spaces are not covered by the law.
Common property on the ground and indoors
Two more concepts that are introduced into the legislation: “garage territory” — a plot of land with garages located on it and “garage complex” — a building or structure that is intended to accommodate vehicles and in which parking spaces are located.
The law also specifies that “owners of garages located within the boundaries of the garage territory own, by right of common shared ownership, property intended to satisfy common needs”
Common property in a garage complex includes: auxiliary premises, for example, technical floors and basements, attics, stairs, elevators, corridors, roofs, load-bearing and non-load-bearing enclosing structures, as well as mechanical, electrical and other equipment.
The common property is in the common shared ownership of the owners of parking spaces and non-residential premises,” Pavel Krasheninnikov clarified at a meeting of the State Duma Committee on State Construction on the eve of the consideration of the then bill in the second reading in July of this year.
The share of ownership is proportional to the area of parking spaces and premises owned by a person. Taxes, fees and other payments related to collective property are paid in proportion to the share.
Only one partnership of real estate owners or one management organization can manage common property. Such property is allowed to be transferred to third parties, but only by decision of the general meeting of garage owners with at least two-thirds of the votes.
Do’s and Don’ts
The new law answers many questions that garage owners previously had. For example, from its provisions it follows that no one has the right to restrict the entry of motorists into their garages, that is, to install unauthorized gates or barriers, or to charge a fee for this.
There will also be added responsibility — it is no longer possible to use the common area for your own benefit and to the detriment of the other owners, for example, storing garbage or placing tables and benches.
The law will also apply to owners of garages, the rights to which will be issued during the garage amnesty, Krasheninnikov previously clarified. This is more than 225 thousand garage objects.
source: «Parliamentary newspaper»
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