Are tenants required to pay contributions to the fund for major repairs?

Yes, it's a duty. Payment is not imputed only to owners of housing belonging to the emergency fund and certain categories of citizens recognized as the least socially protected.

And notorious Determination No. A-57-APG14-2 dated June 4, 2014, which is referred to, in no way cancels the provisions of the law, it is only an answer to the question of the legality of the regional operator's fund. And what powers does he have?

And about what you need to pay for major repairs, without any rumors it is said in the federal legislation of the Russian Federation which has not yet expired.

Who has the right not to pay?

Who is not obliged to pay for the overhaul of common property in an MKD? There are such "castes" (Federal Law No. 399-FZ of December 29, 2015). The homeowner's overhaul fee is not mandatory for:

Some citizens will be compensated for expenses in the amount of up to 50%: these are disabled people of groups 1 and 2, pensioners from 70 years old (single or living in a family only from people of retirement age), disabled children and those who have a disabled child.

Separately, it is worth mentioning the owners of apartments in new buildings.. The law does not say anything about them and does not single them out in the category of “legitimate non-payers”.

Although in their case we will talk about repairs no earlier than in five to ten years. Are homeowners obligated to pay for major repairs if the building that needs repairs for one reason or another is “under” 5 years old? In this case, all work to restore the new apartment building assigned to the construction company.

It will not be possible not to pay, but there is every reason to hope that their situation will be taken into account by legislators.

We look at the provisions of the law

Is the overhaul fee mandatory or voluntary? Just a couple of years ago, these contributions were indeed voluntary.

In 2014 (since July 1), changes were made to Federal Law No. 271-FZ. In particular, Article 13 was "adorned" with paragraph 8.2, and it just implies the minimum contributions for overhaul.

Is the law perfect? At the moment, fuzziness is really striking, for example, the absence of a boundary between current repairs and overhauls.

That is, in practice, of course, everyone understands the difference in terminology - Maintenance these are minor corrections, such as painting, plastering, structural repairs. Major works include more large-scale works - improvements in structures, restoration of worn parts, etc.

But the point is that the column in payments from housing and communal services is called "current repairs". But after all, the tenants are already paying for it, and therefore they are indignant: why are they obliged to pay more ?!

In fact, one should only be indignant at the fuzzy formulations of the law which is not always easy to understand right away. In fact, the money will go to the intended purpose.

The trouble is that the boundary between current and major repairs is often very conditional.

Another reason for the dissatisfaction of the inhabitants of the houses is putting money into what they think is a "common pot". That is, there are two "piggy banks":

• a special account for a separate building (established in agreement with the meeting of homeowners);
• account of the regional operator.

It is clear that the last "piggy bank" is more voluminous and contributions from many houses are received there. Is it necessary to pay to the capital repair fund, because many absolutely rightly do not want to pay for other people's repairs?

But according to the authorities, this should not be feared - a strict record of all incoming tranches is kept and not a single house will be repaired at the expense of another.

The size of the trenches in different regions of Russia also varies. Its size is influenced by many nuances, such as how old the building is, what material it is made of, whether it has an elevator or not, etc.

No down payment and no payment after down payment: is there a difference?

Contributions are preliminary, work will be done when required amount accumulate in the account. The HOA can completely take this process into their own hands and open their own account.

Truth, there is one "but"- if the deadline is right, but it turns out that there are no funds, the owners will have to take a loan from the bank.

Are we obligated to pay for major repairs of the house if there is no contract? There is also an opinion: if the contract is not signed and the first payment has not been made (it is he who is an effective confirmation of the party about the existence of contractual relations), then there is no need to pay.

At the same time, they refer to Article 425 of the Civil Code, which regulates the adoption of the contract.

Article 425. Validity of a contract

1. The contract comes into force and becomes binding on the parties from the moment of its conclusion.
2. The parties have the right to establish that the terms of the agreement concluded by them apply to their relations that arose before the conclusion of the agreement, unless otherwise provided by law or follows from the essence of the relevant relations.
3. The law or the contract may provide that the expiration of the term of the contract entails the termination of the obligations of the parties under the contract.
   An agreement in which there is no such condition is recognized as valid until the moment of completion of the fulfillment of obligations by the parties specified in it.
4. The expiration of the contract does not release the parties from liability for its violation.

I would like it so much, but in fact everything again rests on the notorious Federal Law No. 271-FZ and.

It is they, and not the contract, that dictate to the owners of apartments whether to pay or not. The need for payment is clearly stated in the regulatory legal acts.

After the adoption of the law, eight months were allotted for the owners of apartments to decide on general meeting to whom they will transfer the contributions - to the regional operator or to the special account of their building.

Because it is the general meeting of owners that is the governing body of the house (Article 44 of the LCD), but it is not the final authority.

If no decision is made, no big deal.— the regional account already exists and is kindly provided by the municipality.

Do I have to pay for repairs? As you can see, the question “is it possible not to pay” is not worth it at all - legally required to pay for repairs. The choice is “where to transfer contributions” - and here the owners are given a certain freedom of action.

Worth paying or not?

Worth it if you don't want trouble First of all(because only the fear of punishment can force many citizens to comply with the established rules).

And secondly, it’s worth it if you want to live in a habitable house - after all, all tranches are strictly taken into account and repairs of houses are carried out at their expense.

So, it turns out that citizens do not pay the Management Company, but themselves.

Effects

Adverse:

• a gradually deteriorating building (living in it is not only unpleasant, but sometimes unsafe. Few people want to guess when entering the elevator whether it will safely reach the desired floor or not);
• notifications from the Management Company;
• late payments and accrual of penalties;
• trial.

The amount of penalties will depend on what tariffs are set in a particular region taken.

Separately, it should be mentioned how the Management Company may react. Utilities have the right to notify the debtor of overdue contributions(official document, mailed with a notification under the signature), and then apply sanctions.

This includes turning off utilities. And the presence of minor children will not be an obstacle.

And the measures will follow (clause 80 of the Rules for the provision of public services). Up to the "heavy artillery" (claim demanding eviction), because According to Deputy Minister of Construction and Housing A. Chibis, the situation is almost desperate.

Approximately one quarter of Russians do not consider it necessary to comply with the provisions of the law on mandatory contributions for a major overhaul. Whether the authorities will allow someone to disobey the law is a rhetorical question.

So when you ask yourself the question, “Do I have to pay into the home improvement fund?”, think about this one more thing - The best way avoid problems from non-payment is not to allow it.

To do this, it is necessary to realize that even though the wording of the law may still be far from perfect, but you pay in any case to yourself and only to yourself- for a comfortable and safe stay.

Back in 2014, in utility bills, management companies apartment buildings added a new service. The line “for major repairs” that appeared in the receipts alerted and upset many homeowners. However, in the same year, the first recommendations appeared, which described in detail the ways to help apartment owners not pay for this service on completely legal grounds.

However, in the second part of the Housing Code of the Russian Federation it is written in black and white that cash, which, in which case, will be used for the overhaul of an apartment building, must be stored either in an open account created for this purpose, or in a current account management company.

Then how can you not pay for overhaul according to the law? For what reasons do many tenants, apartment owners, refuse to adhere to the rules of the law? Let's take a closer look.

How legitimate is the requirement of the management company to pay funds for overhaul?

This requirement is quite legal and detailed in the Housing Code. At the same time, it can be considered quite objective and useful, since many people have long been aware that the housing stock is, to put it mildly, in a terrible state. And all this can lead to accidents in the next few years. That is, by assuming the obligation to pay a certain amount for overhaul, the homeowner cares primarily about himself, and first of all about his own safety. And is that how it turns out in reality?

According to the law, absolutely all owners of residential premises located in apartment buildings are required to pay for the service. The only exceptions are low-income citizens who receive benefits and financial assistance from the state. In addition to them, veterans of war and labor are completely exempted from paying for overhaul. And only some categories of citizens receive a discount on the service.

For what reasons do apartment owners refuse to pay for the overhaul of the house in which they live?

Consider the most popular reasons why homeowners do not want to pay for a major home renovation:

• The program aimed at improving the housing stock was adopted not so long ago, and besides, no specific deadlines for repairs have been set, which means that the money will go nowhere. That is why the owners perceive it as another way to make people pay for it is not clear what.
• Tenants must pay for the overhaul of the house, however, at some time attics, porches and basements of the house will be repaired for their money, which will never become their property. In addition, the people are alarmed by the fact that brigades from private firms that carry out commercial activities are hired to carry out repair work.
• Many owners do not use the property that the management company proposes to bring into proper form. An example of this is the absence of the need to repair the elevator for the inhabitants of the first floor, since they simply do not use it.

Our lawyers know The answer to your question

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What is an overhaul? What do owners have to pay for?

Even if you regularly pay for the overhaul service that is included in your receipt, and are not at all worried about whether you need to contribute funds or not to a special fund, then you may certainly be interested in a list of works performed for your money. This list includes the following:

1. Restoration of the building and its facade in accordance with modern trends.
2. Basement renovation.
3. Roof restoration and roof maintenance.
4. Reconstruction of the foundation of the house as needed.
5. Restoration of old elevators or installation of new modern cabins.
6. Renovation of sewerage systems, water supply, heating and other types of communications.

Based on the above list, it is quite logical that the obligation to pay for major repairs lies with the homeowners. But the question immediately arises, do exactly the same requirements apply to new buildings that were put into operation no more than two years ago? It turns out that according to the Housing Code of the Russian Federation, the residents of such houses also need to regularly pay funds for overhaul with a future perspective. In most cases, it is these arguments that become the main reason why people living in new buildings refuse to pay for services that they do not understand.

How is it legal not to pay for the overhaul of an apartment building?

Having considered all the important issues related to paying for the overhaul of an apartment building, we will dwell in more detail on how to legally not pay for this service. There are several similar ways, but it will not work out completely without spending money. So:

In addition, you can, of course, not pay for the service at all, simply by ignoring the received receipt. But such actions may be followed by sanctions from the management company.

What threatens those who do not pay for the services of capital repairs of multi-apartment buildings?

By law, the owners of residential premises have the right to pay not every line in the receipt. However, in reality this is not easy to do. If you stop paying for the overhaul service, then the management company may apply penalties, namely:

• Send out additional receipts and notifications of the need to pay the debt.
• Calculate interest on the amount owed.
• To resolve the issue through the court, where the owner of the apartment will have to explain in detail the reason for refusing to pay for the overhaul service, providing strong evidence in his favor. If you fail to properly justify the refusal, then the amount of the debt will probably increase by the amount of legal costs.

As a result, I would like to note that each owner of housing located in an apartment building has two options for refusing to pay for major repairs legally. The first is to ignore the receipts for the overhaul, which will be unknown when. And the second is to use legal methods to evade a significant part of payments for the service. Naturally, the second option is preferable, since it does not entail the imposition of sanctions from the management company and will not bring to court.

And what awaits those who will not pay for overhaul?

In accordance with Articles 154, 159-160 of the Housing Code of the Russian Federation, in case of non-payment of contributions for major repairs, liability is provided in the form of penalties, recovery of the resulting debt in court, suspension of benefits and subsidies due to owners.

The material was prepared on the basis of commentsDeputy Minister of Construction and Housing Andrey Chibis, member of the board of the ACON association Nikita Chulochnikov, lawyer of the Bar Association "Malov and Partners" Larisa Maltseva.

Can the owner refuse to pay contributions for overhaul and on what basis?

No, he can not. But there are certain categories of residents who are exempt from paying such contributions: residents of the municipal housing stock and owners of premises in multi-apartment buildings recognized as emergency and subject to demolition, as well as in multi-apartment buildings in respect of which a decision was made by state authorities or local authorities to withdraw for state or municipal needs the land plot on which this apartment building is located, and about the withdrawal of each dwelling in this house (for example, for the construction of transport infrastructure facilities).

However, the laws of the constituent entities of the Russian Federation may also provide for benefits for paying contributions for overhaul for older citizens. Since January 1, 2016, the Housing Code gives the regions such a right - to exempt single non-working Russians aged 80 and older from paying contributions for major repairs and the right to provide a 50% discount for single non-working citizens who have reached 70 years of age. So, for example, this right has already been implemented at the level of Moscow and a number of other subjects of the Russian Federation.

In addition, the LCD establishes that disabled people of groups I and II, disabled children, citizens with disabled children are provided with compensation for the costs of paying a capital repair contribution in the amount of not more than 50% of this contribution.

Are overhaul fees a violation of the Constitution of the Russian Federation?

No, they are not. The provision of part 1 of article 169 of the LC RF, establishing as general rule the obligation of the owners of premises in apartment buildings to pay monthly contributions for the overhaul of common property in these houses (except for cases established by law), in its constitutional and legal sense, implies the joint and equal participation of all owners of premises in such houses - regardless of the date of occurrence of the right of ownership to specific premises, the grounds for its acquisition and forms of ownership - in the formation of funds for the overhaul of common property in apartment buildings and, as such, does not contradict the Constitution of the Russian Federation. This was recently pointed out by the Constitutional Court in its decision in connection with the request of the State Duma deputies (decree No. 10-P of 04/12/2016).

The Constitutional Court of the Russian Federation recognized contributions for the overhaul of residential buildings as in line with the country's fundamental law and noted that the right of ownership of residential premises entails the obligation to take care of the common property and the safety of an apartment building.

Contributions for major repairs are not a tax, since the funds collected must be spent exclusively for the intended purpose. This fact, however, does not cancel the obligations of the state to the residents of houses that require major repairs. Funds from regional budgets can be used to repair such buildings.

Shouldn't the state be involved in the overhaul of houses?

Each of us maintains his apartment in order, but the house itself also needs care. The management company is responsible for the current repair of an apartment building - it is obliged to monitor the condition of entrances, basements and other premises that are in common use. But replacing worn-out pipes or an old elevator requires serious investments, so it is necessary to save money for major repairs and this is the task of the owners. Just as the owners of private houses (and there are about a third of them in the country) independently pay for the repair of their houses, saving money for capital, especially costly work.

Now in Russia, according to the Ministry of Construction, out of 2.5 billion square meters about half of apartment buildings need major repairs. At the same time, even a new house will sooner or later have to be repaired. To update the current roof of a standard five-story building, you will have to spend about 1.5 million rubles. Replacing the elevator costs about 2 million. It is irrational to take these funds from the budget. In our country, about 30% of the population lives in private houses (the repair of the roof of which does not even occur to anyone to pay from the budget) - so why should apartment buildings be repaired from their taxes?

Unprotected categories of the population and the older generation receive significant social support - the country spent 32.6 billion rubles for these purposes in 2015 alone. Certain categories of citizens are provided with compensation in the amount of 50% or 100% of the overhaul contribution.

Shouldn't contributions to overhauls be voluntary?

No, overhaul contributions are not voluntary. This is due to the fact that the owners of premises in an apartment building also own the common property in the house on the right of common ownership. fractional ownership and, accordingly, bear the burden of maintaining such property, including the obligation to repair it. The share of expenses for such maintenance depends on the share in the common property (that is, the larger the area, the greater the amount of payment).

Thus, the payment of contributions for overhaul is the responsibility of the owners. Article 154, part 3 of the Civil Code of the Russian Federation (as amended by Federal Law No. 263-FZ of July 21, 2014) provides that the owners of residential buildings bear the costs of their maintenance and repair.

By the way, the transfer of money to the "common pot" in the absence of a decision of the general meeting of owners is introduced by default.

Every subject Russian Federation takes its own normative act, which regulates the procedure for paying for the overhaul of an apartment building on the basis of the requirements provided for housing code and federal law No. 185-FZ "On the Fund for Assistance to the Reform of Housing and Communal Services".

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 immediate living space of the owner of the apartment and extends to the public service sector and, at first glance, it 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 the programs social support, 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 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 for the reason 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, there is no reason for such a measure, since financial compensation does not apply to overhauls.

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 a house account from which maintenance activities will be financed. In this case, a legal suspension of payments is allowed and you can not pay for overhaul 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, new law can be a reason 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 houses 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 home. 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.

Major overhaul is different kind and amount of repair work, which are designed to keep the house in an acceptable condition, as well as a guarantee of safety and convenience for its residents.

Even Civil Code authorizes tenants to maintain their home in an acceptable condition in section 210.

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.

However, in practice, not everything is so simple. After the introduction of mandatory payments for mandatory capital repairs, many people express their protest.

Residents of new houses do not understand where their funds will go, because the house has just been commissioned, and citizens who are accustomed to fixing problems efficiently and at their own expense also do not want to pay for someone else's work.

There is separate category citizens, which directly says: I do not want and will not pay. These people simply do not trust their management company or HOA, therefore they do not at all want to pay money for the needs of a major overhaul.

Major renovation rates vary depending on the city where you live. The highest rates apply to residents of the capital, a little less - in regional cities.

Not all funds handed over for major repairs are spent rationally and citizens understandably want to protect themselves from being deceived, so they refuse to pay their bills.

The size of the accrued penalty is determined by the court. Of course, no one will sue you if your debt is only 100 - 200 rubles.

But if the delay is more significant with the same significant amounts, then the management company or your HOA has nothing left to do but influence you through the courts.

Penalty cannot accrue forever. In case of non-payment of contributions for major repairs within six months, the court resorts to another measure of punishment and summons the non-payer to court for proceedings, leaving him no more chances for correction.

Inability to sell the apartment

What is the risk of non-payment for overhaul? When selling an apartment, the owner must take a certificate from the BTI, where it will be said that he has no debts for this living space.

However, no one can prohibit the sale of real estate even if the owner has debts. Only the buyer himself can refuse to buy, but, as a rule, if there are debts, then the buyer simply knocks down the purchase price a little and the parties diverge.

Thus, selling an apartment can turn into both success and failure, so do not take risks in front of future buyers. It is better to pay off all debts in advance.

fines

What happens if you don't pay maintenance fees? If penalties continue to accrue within six months, and the owner does not react to this action in any way and is not going to pay the bills, then the court summons him to the court session.

Upon consideration of the case, if no reasons are found that reduce guilt, then the court, in addition to paying the debt and penalties, may impose a fine on the non-payer commensurate with several future payments.

This is done in order to prevent the recurrence of such an offense.

Other consequences

Many are interested in: if I do not pay for the overhaul, can they sue me? They can. And in addition to monetary penalties, the court may order the seizure of the property from a citizen who belongs to him by right of ownership.

The bailiffs will come to the place of residence of the defaulter together with the appraiser and seize things that have a value commensurate with the debt.

The property will be auctioned, and the non-payer will be warned about what may happen if the law is further ignored.

Another measure of influence ban on leaving the country. What is the penalty for non-payment in this case?

The responsibility for non-payment of contributions for major repairs is such that the name of the non-payer will be entered into a special database that will not allow him to leave the country when checking documents at the border.

Restrictions on leaving the state will be lifted as soon as the debt is repaid.

In addition to the seizure of personal belongings, in recent years, punishments such as seizure of property. Bailiffs carry out this punishment by court order.

Bailiffs seize the personal property of a person or persons who are defaulters and do not issue it until the debt is paid.

Besides, for prevention purposes, bailiffs can leave the property under their control for several months in order to track how carefully the punished person makes payments in the future.

Only after that, the confiscated is returned to the non-payer safe and sound with a warning about re-withdrawal in case of non-payment of contributions for major repairs.

Can they be evicted?

Frequently asked question: I don't pay for major repairs, what will I do, except for fines and penalties? Can I be evicted?

Really, many citizens fear that they could be evicted from their homes. Indeed, sometimes circumstances develop in such a way that there is really no opportunity to pay for major repairs for a long time.

Since housing is privately owned, no one will be able to evict them, but the listed penalties will apply without fail until the debt is repaid.

It's great when the state seeks to take care of its citizens, but sometimes this care results in various discontent.

Underreformation of the housing sector in our legislation allows both tenants, as well as employees of the HOA and management companies to commit offenses that violate the interests and rights of the parties.

Careful control by the state and enforcement of laws is the only mechanism, which will allow the system of fees for major repairs, as well as its direct implementation, to function ideally and in the interests of citizens.