1. Help to understand. I was billed for a major overhaul in accordance, as they write 158 Art. The Housing Code of the Russian Federation with a penalty of 985 rubles in the amount of: 9 114.19 write that the fund for the overhaul of apartment buildings in the Irkutsk region has the right to go to court in order to recover such debt in accordance with the current legislation of the Russian Federation. I read something like that in other sources, what kind of cap. repairs are paid voluntarily. Is it true? Whose truth?

1.1. The Constitutional Court of Russia decided a long time ago that contributions for capital repairs are not voluntary. All homeowners are required to pay.

2. My family lives in a non-privatized apartment. Since October, receipts for overhaul payments began to arrive. I heard that referring to the article of Part 1 of Art. 158 of the Housing Code of the Russian Federation, contributions are paid by the owner of the premises. If the apartment is not privatized, then the owner is the municipality. And we tenants of similar apartments should not pay. Is this correct or am I doing something wrong?

2.1. Yes, that's right. If the apartment is not owned, then you are not required to pay contributions for major repairs. In this case, the administration is obliged to pay.

3. House of German construction. After the war, a second floor was added. Subsequently, in different years, the roof and wiring in common areas were replaced. To date, there is an inscription in German on the facade of the building. Are these types of work cap. repair and whether the obligations of the former landlord have been fulfilled, Article: 16 of the Law of the Russian Federation "On the privatization of the housing stock in the Russian Federation." Article 158 of the Housing Code of the Russian Federation and Article 210 of the Civil Code of the Russian Federation.

4. I privatized the apartment in January 2015, previously the apartment belonged to the Ministry of Defense of the Russian Federation. After privatization, the Management Company issues an invoice to me for the overhaul, motivating this by paragraph 3 of Article 158 of the RF LC, it seems to me that this is wrong, because I paid with social security and the owner was not an individual, but a legal entity.

4.1. Unfortunately, indeed, the debts of the old owner are transferred to the new one. But you have the right, after payment, to sue the MO and recover the amount you paid.

5. Determination of the Supreme Court of the Russian Federation of 04.06.2014 N 57-APG 14-2 does not establish the obligation to pay contributions to the cap. repair.
Such an obligation is established by part 1, 3 of Art. 158 of the Housing Code of the Russian Federation. SO SHOULD I PAY THE REPAIR FEES OR NOT?

5.1. Sun Definition contains nothing of the kind.- read it carefully. It contains only the assertion that the regional law on cap. repair does not contradict federal law, since it is not this law that establishes mandatory payments, but establishes the Housing Code of the Russian Federation (Articles 154, 158).
Of course, contributions to the cap. repair must be paid.

6. Sochi OAO MAR for cleaning the city raised several times the cost of its services in the private sector of Sochi, tying them to the number of square meters, referring to Articles 36,39,50,153,154,156,158,162 of the RF LC, clause 11 of the Decree of the Government of the Russian Federation of 13.08.2006 No. 491.

6.1. had the right

6.2. They have such a right.

7. My husband is registered in a non-privatized apartment in another city. He hasn't lived there for 13 years. no one has lived there for the last 5 years. He received a court order to collect debts for utility bills in the amount of 103 thousand. Based on Art. 153, 158 LCD RF, guided by Art. 672,677,678. Civil Code of the Russian Federation, Articles 121,122,126-128 of the Code of Civil Procedure of the Russian Federation. What should we do. We do not apply for this apartment, we have long wanted to check out. How to avoid paying debt?

7.1. within 10 days from the receipt of the SP, you have the right to apply for its cancellation. If the court cancels the joint venture, the management company will, in a lawsuit, prove the fact of non-payment of payments.

8. The Housing Code of the Russian Federation (Article 158) indicates the obligation of the owner to bear the costs of ODN. But if the apartment is not privatized, then the responsible tenant living there is not the owner. How legal in this case is the accrual of ODN in receipts on an equal basis, both to owners and non-owners.

8.1. Accruals are legitimate, in view of the fact that YOU use the services (in fact), and not the owner of the residential premises.

8.2. In the matter of paying for utilities, owners and tenants of residential premises have equal rights and obligations. The rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings (Decree of the Government of the Russian Federation of May 6, 2011 No. 354) establish the obligation of consumers to pay utility bills. A consumer is a citizen who uses utilities for personal, family, household and other needs not related to entrepreneurial activities, without division on the basis of ownership / use of premises (ownership or rent)

9. Repair of the porch Is it possible to oblige Zhilkomservis at its expense to repair our porch, there has been no repair for 32 years. We ask for cosmetic whitewashing of the ceilings and painting of the walls. Zhilkomservis refuses with reference to article 158 of the LC RF, as well as the Law of the Russian Federation on privatization dated 04.07.1991 No. 15-41-1, Art. 16. Please tell me how we should be in this situation.

9.1. Contact the court, current repairs are required.

10. We live in a private house. For five years we do not pay for garbage collection. We will dispose of it ourselves. The garbage company sued. A letter came by mail to the box in which it is written that the justice of the peace ruled on the basis of Article 155-155 158 of the RF LC of the documents submitted by the applicant. Copies of the personal account, address certificate of a copy of the register of the receipt of payment of the state duty, postal notification of the delivery of a copy of the power of attorney, guided by Article 121 126-128 of the Code of Civil Procedure of the Russian Federation. Decided. Collect debt in the amount of 12 thousand rubles. IS THIS RIGHT. AND HOW TO DISPUT. no. the decision is dated 15 02 2017 and on the postal envelope 28 02 2017 how to be in this case.

10.1. Whether it is legal or not is not for us to decide in the framework of a correspondence consultation.
You have received a court order. To which objections can be filed within 10 days from the date of RECEIVING, in accordance with Art. 129 Code of Civil Procedure of the Russian Federation.
If you do not object within 10 days. Then the court order will come into force and will be sent to the bailiffs for enforcement.
Drafting objections is a paid service.
All the best. Thank you for choosing our site.

11. R. IS IT LEGAL. AND HOW TO DISPUT.
We live in a private house. For five years we do not pay for garbage collection. We will dispose of it ourselves. The garbage company sued. A letter came by mail to the box in which it is written that the justice of the peace ruled on the basis of Article 155-155 158 of the RF LC of the documents submitted by the applicant. Copies of the personal account, address certificate of a copy of the register of the receipt of payment of the state duty, postal notification of the delivery of a copy of the power of attorney, guided by Article 121 126-128 of the Code of Civil Procedure of the Russian Federation. Decided. Collect debt in the amount of 12 thousand rubles. IS THIS RIGHT. AND HOW TO DISPUT. no. the decision is dated 15 02 2017 and on the postal envelope 28 02 2017 how to be in this.

11.1. If you receive a court order in the mail, you have exactly 10 days to file an application to vacate the order. Contact the magistrate.

11.2. IS THIS RIGHT. AND HOW TO DISPUT. no. the decision is dated 15 02 2017 and on the postal envelope 28 02 2017 how to be in this.
You need to send objections regarding its execution to the precinct of the magistrate who issued this court order. 10 days for this from the date of receipt of a copy of the court order in accordance with Article 128 of the Code of Civil Procedure of the Russian Federation. Do not waste time and prepare objections. After the cancellation of the court order (Article 129 of the Code of Civil Procedure of the Russian Federation), the garbage company will be forced to go to court in an action proceeding and you will be able to defend your position in this case.

11.3. You have the right to challenge this decision on the grounds that you were not properly notified of the time and date of the court session, and therefore did not participate in it and were deprived of the opportunity to defend your rights. To do this, you need to send the justice of the peace an application for the restoration of the period for appealing the judicial act, attaching to it an appeal to the district court against the decision of the justice of the peace.
In more detail I can consult internally.

12. Good afternoon everyone!

Since 05.2016 I have been the owner of a dwelling in a new building (certificate of state registration of rights dated 05/12/2016, issued on the basis of a decision of the district court). Previously, this apartment was not transferred to me by the construction company (seller) according to the act of acceptance and transfer.
Permission to commission my entrance was received on 06.2015. At the moment, the housing and communal services modernization fund obliges me to pay the fees accrued before I received the property (until 05.2016) referring to clause 3 of article 158 of the RF Housing Code.

Is it legal? Indeed, in accordance with Art. 219 of the “Civil Code of the Russian Federation (Part One)” dated November 30, 1994 N 51-FZ “The right of ownership to buildings, structures and other newly created real estate subject to state registration arises from the moment of such registration”, which means that the previous owner and not was, because the construction company did not register my apartment. I am the first and only owner of this apartment. Am I required to pay contributions accrued before 05.2016? Thank you in advance for your response.

12.1. In this case, the right of ownership must be considered from the date of entry into force of the court decision, which recognized your right of ownership. From this date, you are required to pay contributions to the cap. MKD repair.

12.2. It may well be if it follows or is directly indicated in the court decision. For example, in case of illegal evasion of registration.

12.3. You are absolutely right. And the reference to the requirements of paragraph 3 of Article 158 of the LC RF only confirms your correctness. The obligation to pay the expenses for the overhaul of an apartment building applies to all owners of premises in this building from the moment the right of ownership to premises in this building arises. Upon transfer of ownership of the premises in an apartment building, the obligation of the previous owner to pay the costs of capital repairs of the apartment building, including the obligation not fulfilled by the previous owner to pay contributions for capital repairs, passes to the new owner.
(As amended by Federal Law No. 271-FZ of December 25, 2012)
(see text in previous edition)

13. Hello.
Thus, by the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2017
N 22 "On some issues of consideration by the courts of disputes over payment for utilities and housing occupied by citizens in an apartment building under a social tenancy agreement or owned by them" established:
Clause 12. The absence of a written management agreement between the owner and the managing organization does not exempt him from paying a fee for the maintenance of common property (Part 3 of Article 30, Part 1 of Article 36, Clause 2 of Part 1 and Clause 1 of Part 2 of Article 154, Part 1 of Article 158, part 1 of article 162 of the LC RF).
Does the Plenum of the Supreme Court have the right to cancel and change laws?
After all, only the State is endowed with such a right. thought?
Thanks in advance for your reply. Gennady, [email protected]

13.1. The PP of the RF Armed Forces explained everything correctly, since, in fact, the conclusion of a management agreement directly depends on the will of the owner. And if the Owners of MKD at the general meeting of owners chose the UK (there is a Minutes of the general meeting), then in fact the conclusion of the contract in writing is conditional.

Consultation on your question

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14. We have been owners of housing in an apartment building since 03/01/2015. In connection with the changes in Part 3 of Article 158 of the Housing Code, we were recalculated contributions for major repairs from 09/01/2017 to 02/28/2015, i.e. we have to pay fees that were not paid by the previous owner, namely the City Administration. In accordance with part 3 of article 158 of the LCD, contributions for the previous owner are not repaid if it is the Russian Federation, a constituent entity of the Russian Federation or a municipality
Question: Is the city administration a municipality? And the second question: if we pay off the debts for the administration, is it possible to sue for the reimbursement of our money.

14.1. If you are the owners of the apartment, the city administration could not be the payer of contributions for major repairs. I don't see the point of going to court.

15. I read the answer on the trees on the house adjoining. I wrote to the administration. Here is your answer. Are there options for what to do next?
In accordance with paragraph 4 of part 1 of Article 36 of the Housing Code of the Russian Federation (hereinafter referred to as the RF Housing Code), the owners of premises in an apartment building own, on the basis of common shared ownership, the common property in the apartment building, namely the land plot on which the house is located, with landscaping and gardening elements. According to Articles 1 and 3 of Article 39 of the Housing Code of the Russian Federation, the owners of premises in an apartment building bear the burden of expenses for the maintenance of common property in an apartment building.

On the basis of Part 1 of Article 158 of the Housing Code of the Russian Federation, the owner of the premises in an apartment building is obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining the common property in the apartment building in proportion to his share in the common ownership of the property by paying a fee for the maintenance and repair of a dwelling, contributions for major repairs.

In accordance with Part 1 of Article 161 of the Housing Code of the Russian Federation, the management of an apartment building must ensure favorable and safe living conditions for citizens, the proper maintenance of common property in an apartment building, the resolution of issues related to the use of property, as well as the provision of public services to citizens living in such a house.

In accordance with paragraph 10 of section II of Decree of the Government of the Russian Federation of 13.08.2006 N 491 (as amended of 09.09.2017) "On approval of the Rules for the maintenance of common property in an apartment building and the rules for changing the amount of payment for the maintenance of residential premises in the event of the provision of services and performance ...” common property must be maintained in accordance with the requirements of the legislation of the Russian Federation (including on the sanitary and epidemiological welfare of the population, technical regulation, consumer protection) in a condition that ensures the maintenance and care of landscaping and landscaping elements, as well as other intended for the maintenance, operation and improvement of this apartment building with objects located on a land plot that is part of the common property.

15.1. The answer is quoting several legal acts. What is the conclusion in the answer? Did you write to the administration about what exactly? Did you ask for a tree cut? Formulate the question correctly.

16. The issue of the application of Part 3 of Article 158 of the Housing Code of the Russian Federation as amended by the Federal Law of July 29, 2017 N 257-FZ "On Amendments to the Housing Code of the Russian Federation". There are serious doubts about the compliance of the new norm with the provisions of the Civil Code of the Russian Federation, the Constitution of the Russian Federation and just common sense ... Why did they suddenly decide the unfulfilled obligation to pay for the overhaul of one owner of the premises (by the way, does the legislator mean residential premises here?) To assign to the new owner of the premises - bona fide purchaser?! Moreover, they extended such an action to legal relations that have arisen since 2013...?! It’s just some kind of nonsense! On July 12, 2017, I bought an apartment with a debt of the previous owners for overhaul, and therefore in the contract of sale I provided for the norm that the obligation to pay for the past time, until the state registration of the transfer of ownership, lies with the seller . And now it turns out that I "hit"?
No one is going to "go" to the Constitutional Court of the Russian Federation about this?

16.1. I agree with you that in this case there are serious grounds for applying to the Constitutional Court, since the new owner is unlawfully obliged to pay off the old owner's debts for major repairs.

17. Based on a systemic interpretation of Article 16 of this document, Article 158 of the LC RF and Article 210 of the Civil Code of the Russian Federation, after the former landlord (state authority or local government) fulfills the obligation to overhaul residential premises, as well as common property in an apartment building, the obligation to produce subsequent capital repairs lies with the owners of residential premises, including citizens who have privatized residential premises (Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the second quarter of 2007).
Can you tell me whether it is possible, on the basis of these documents, to object to a court order for the collection of arrears of contributions to cap. repair?

17.1. If you do not agree with the writ, then file an application with the court that issued the writ to set aside the writ within 10 days of receipt.

1. The owner of premises in an apartment building shall be obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining the common property in an apartment building in proportion to his share in the common ownership of this property by paying a fee for the maintenance and repair of the residential premises, contributions to overhaul. Payment of additional contributions intended to finance the costs of major repairs of common property in an apartment building is carried out by the owners of premises in an apartment building in the case provided for by Part 1.1 of this article.

1.1. In the event that the owners of premises in an apartment building, which form a capital repair fund on the account of a regional operator, make a decision to carry out a major overhaul of common property in an apartment building and at the same time it is impossible to use the funds of the capital repair fund to finance services and (or) work on capital repairs, provided for by the decision of the owners of premises in an apartment building, within the time limits specified by the decision, the owners of premises in this house have the right to take a decision at a general meeting of owners of premises in this house on an additional contribution to pay for the specified services and (or) works and the procedure for its payment. At the same time, the payment of such payments cannot begin earlier than three calendar months before the deadline for the performance of the specified services and (or) works provided for by the contract. The use of funds generated from additional contributions is carried out in the manner established by the decision of the general meeting of owners of premises in an apartment building.

2. Expenses for major repairs of common property in an apartment building are financed from the capital repairs fund and other sources not prohibited by law.

3. The obligation to pay the expenses for the overhaul of an apartment building shall apply to all owners of premises in this house from the moment the right of ownership to premises in this house arises. Upon transfer of ownership of the premises in an apartment building, the obligation of the previous owner to pay the costs of capital repairs of the apartment building, including the obligation not fulfilled by the previous owner to pay contributions for capital repairs, passes to the new owner.

4. If the owners of premises in an apartment building at their general meeting did not decide to establish the amount of payment for the maintenance and repair of residential premises, such an amount is established by the local government (in the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg - by the state authority of the corresponding subject of the Russian Federation, unless the law of the corresponding subject of the Russian Federation establishes that these powers are exercised by local self-government bodies of intracity municipalities).

1. The owner of premises in an apartment building shall be obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining the common property in an apartment building in proportion to his share in the common ownership of this property by paying a fee for the maintenance of the residential premises, contributions for major repairs . Payment of additional contributions intended to finance the costs of major repairs of common property in an apartment building is carried out by the owners of premises in an apartment building in the case provided for by Part 1.1 of this article.

1.1. In the event that the owners of premises in an apartment building, which form a capital repair fund on the account of a regional operator, make a decision to carry out a major overhaul of common property in an apartment building and at the same time it is impossible to use the funds of the capital repair fund to finance services and (or) work on capital repairs, provided for by the decision of the owners of premises in an apartment building, within the time limits specified by the decision, the owners of premises in this house have the right to take a decision at a general meeting of owners of premises in this house on an additional contribution to pay for the specified services and (or) works and the procedure for its payment. At the same time, the payment of such payments cannot begin earlier than three calendar months before the deadline for the performance of the specified services and (or) works provided for by the contract. The use of funds generated from additional contributions is carried out in the manner established by the decision of the general meeting of owners of premises in an apartment building.

2. Expenses for major repairs of common property in an apartment building are financed from the capital repairs fund and other sources not prohibited by law.

3. The obligation to pay the expenses for the overhaul of common property in an apartment building applies to all owners of premises in this house from the moment the right of ownership to premises in this house arises. Upon transfer of ownership of the premises in an apartment building, the obligation of the previous owner to pay the costs of major repairs of common property in the apartment building passes to the new owner, including the obligation not fulfilled by the previous owner to pay contributions for major repairs, with the exception of such an obligation not fulfilled The Russian Federation, a constituent entity of the Russian Federation or a municipality that is the previous owner of the premises in an apartment building.

4. If the owners of premises in an apartment building at their general meeting did not decide on the choice of a method for managing an apartment building, a decision to establish the amount of payment for the maintenance of residential premises, this amount is established by the local government (in the constituent entities of the Russian Federation - the federal cities of Moscow, St. Petersburg and Sevastopol - by the state authority of the corresponding subject of the Russian Federation, unless the law of the corresponding subject of the Russian Federation establishes that these powers are exercised by local governments of intracity municipalities) taking into account the methodological recommendations approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services. The limit indices for changing the amount of payment for the maintenance of residential premises in these cases are determined by the local government (in the constituent entities of the Russian Federation - the cities of federal significance Moscow, St. that these powers are exercised by local governments of intracity municipalities) in accordance with the specified methodological recommendations.

Commentary on Art. 158 ZhK RF

1. The commented article links the provisions and with the provisions. The need for additional regulation is mainly related to the peculiarities of paying for the capital repairs of an apartment building, as well as the need to establish the legal consequences of the owners of premises in an apartment building not making a decision to establish the amount of payment for the maintenance and repair of a residential building. The norms of this article apply to owners of both residential and non-residential premises in an apartment building. In addition, the commented article establishes a method for the participation of owners of premises in an apartment building in the costs of maintaining common property in such a house - paying a fee for the maintenance and repair of residential premises.

2. Part 1 of the commented Article 158, in contrast to Art. 210 of the Civil Code of the Russian Federation does not contain a provision on the possibility of the owner of the premises to distance himself from bearing the burden of maintaining his common property in an apartment building if this is provided for by law or contract.

3. The norms of the Housing Code of the Russian Federation, which establish the obligations of the owners of premises to pay for the maintenance and repair of residential premises, do not say that the said fee must be paid by the owners of the premises only personally, and in the case provided for, they directly impose part of this obligation on the tenant (see .comment to part 4 of article 155 of the LCD). However, in case of violation of the obligation to pay this fee, the person responsible for the committed violation is the owner of the premises in the apartment building. Despite the fact that tenants of residential premises of state and municipal housing funds bear the costs of maintaining and repairing common property in an apartment building, the owner of municipal and state premises still continues to bear the burden of maintaining common property: the provisions of part 1 of the commented article apply to all owners and for all expenses related to the maintenance of common property.

4. To determine the amount of participation of the owner of the premises in the costs of maintaining common property in an apartment building, it is necessary to determine the share of a particular owner in the right of common ownership of this property, calculated in accordance with the norms (see commentary to this article).

5. The owners of premises in an apartment building are obliged to participate in the costs of maintaining common property in such a house (part 1 of article 39, part 1 of article 156 and part 1 of article 158 of the LC). Part 2 of the commented Article 158 of the Housing Code of the Russian Federation establishes the procedure for making a decision on the overhaul of an apartment building and on determining the amount of payment for this repair when managing an apartment building by a managing organization. All issues related to the organization of the overhaul of an apartment building are decided by the owners of the premises in the apartment building at their general meeting. Prior to the entry into force of the Housing Code of the Russian Federation, the issues of the order and scope of the overhaul of apartment buildings, as a rule, were solely decided by local governments. This practice, in a camouflaged form, has survived to the present, although this is contrary to the norms of the LC RF (Art. and 158).

6. Relations on the organization and payment for the overhaul of apartment buildings are regulated by the commented article quite fully. The Housing Code of the Russian Federation does not provide for the possibility of regulating such relations by regulatory legal acts of state authorities of the constituent entities of the Russian Federation or local governments (see commentary to Articles 5, 12 - 14 of the Housing Code). The possibility of providing budget funds for the overhaul of apartment buildings to managing organizations, homeowners associations or housing cooperatives or other specialized consumer cooperatives is provided, as well as Art. Art. 14.1 and 16.1 of the Federal Law of October 6, 2003 N 131-FZ "On the General Principles of the Organization of Local Self-Government in the Russian Federation". From 2008 to the end of 2012, within the framework of the implementation of the Federal Law of July 21, 2007 N 185-FZ "On the Fund for Assistance to the Reform of Housing and Communal Services", financing from regional and local budgets (using the funds of the Housing and Utilities Reform Fund) is carried out for the overhaul of multi-apartment houses in which methods of managing a homeowners association, housing cooperatives and management organizations elected by owners at general meetings are implemented. At the same time, this Law does not change the procedures for making decisions on major repairs provided for in the commented article.

7. According to part 2 of the commented article 158 of the LC of Russia, when managing an apartment building, the managing organization decides to carry out a major overhaul of an apartment building (indicating the start date, the required amount of work, etc.) and to pay the costs for it (the cost of materials, the procedure financing of repairs, terms of reimbursement of expenses) is adopted by the general meeting of owners of premises in an apartment building, taking into account the proposals of the managing organization. With the direct management of the owners of premises in an apartment building, as well as in the management of a homeowners' association, a housing cooperative or a specialized consumer cooperative, while the management bodies of the partnership decide on the amount of payments and contributions to pay for major repairs for each owner of premises in an apartment building ().

8. The establishment of the amount of payment for capital repairs by the local government is possible as an exception to the general rule in the event that the local government holds an open competition for the selection of a managing organization to manage an apartment building if the owners of premises in an apartment building within a year from the date of entry into force The Housing Code of the Russian Federation has not chosen a way to manage this house, or if the decision made to choose a way to manage this house has not been implemented (; Art. 18 of the Introductory Law to the Housing Code of the Russian Federation). If necessary, a major overhaul may be one of the conditions for holding an open tender to select a managing organization. The procedure for establishing the amount of the fee in this case is established in paragraph 34 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491.

9. When carrying out a major overhaul following the results of an open tender by a local government body to select a managing organization for managing an apartment building on the basis of the current Rules approved by Decree of the Government of the Russian Federation of February 6, 2006 N 75, obligations to carry out such repairs and pay for it should arise from the owners of the premises and the managing organization chosen by the local government body on the basis of the agreement concluded in, and not on the basis of the legal act of the local government body or the protocol of such a tender. In addition, the amount of payment for capital repairs can be established by the local government in the case of direct management of the apartment building by the owners of the premises in the case specified in part 4 of the commented article.

10. Depending on the terms of the management agreement, the obligation to pay the costs of the overhaul of an apartment building may arise for the owners of premises in such a house either before the overhaul (advance payment) or immediately after it (installment payment), or with a combination of these methods. . For example, if a management contract for an apartment building is concluded for five years, and the capital repairs of the apartment building are planned in the middle of this period, then the capital repairs payment is paid in equal installments over 60 months. The Housing Code of the Russian Federation does not provide for mandatory prepayment of capital repairs as part of the payment for the maintenance and repair of residential premises in a particular apartment building.

International practice shows that the most effective mechanism for financing the overhaul and reconstruction of apartment buildings is the receipt of a loan by a homeowners association for these purposes with further repayment of this loan at the expense of payments from the owners of the premises or the adoption by the owners of the premises of a decision to transfer the loan amounts to the managing organization and the responsibility of the owners for repayment bank loan. At the same time, a significant part of payments to repay the loan can be compensated by reducing the payment for communal resources (primarily for thermal energy) as a result of resource saving measures as part of repairs or reconstruction.

11. The obligation established in part 3 of the commented article to pay the costs of major repairs of an apartment building applies to all new owners of premises in this house from the moment they acquire ownership of the premises. If the ownership of the premises in the apartment building has passed to the new owner, then the obligation of the previous owner to pay the costs of capital repairs of the apartment building passes to him. The commented norm stabilizes relations with regard to payment for the overhaul of an apartment building and reduces the risks of the overhaul contractor.

12. If major repairs have not been carried out or all obligations of the previous owner have been fulfilled at the time of alienation of the residential premises, then no obligations are transferred to the new owner. In this case, the obligation to pay for major repairs may arise for the first time for the new owner after the appropriate decision is made by the general meeting of owners of premises in an apartment building and the conclusion of the relevant agreements.

13. According to the general rule of the commented article, the amount of payment for the maintenance and repair of a residential building (see.

1. The owner of premises in an apartment building shall be obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining the common property in an apartment building in proportion to his share in the common ownership of this property by paying a fee for the maintenance of the residential premises, contributions for major repairs . Payment of additional contributions intended to finance the costs of major repairs of common property in an apartment building is carried out by the owners of premises in an apartment building in the case provided for by Part 1.1 of this article.

1.1. In the event that the owners of premises in an apartment building, which form a capital repair fund on the account of a regional operator, make a decision to carry out a major overhaul of common property in an apartment building and at the same time it is impossible to use the funds of the capital repair fund to finance services and (or) work on capital repairs, provided for by the decision of the owners of premises in an apartment building, within the time limits specified by the decision, the owners of premises in this house have the right to take a decision at a general meeting of owners of premises in this house on an additional contribution to pay for the specified services and (or) works and the procedure for its payment. At the same time, the payment of such payments cannot begin earlier than three calendar months before the deadline for the performance of the specified services and (or) works provided for by the contract. The use of funds generated from additional contributions is carried out in the manner established by the decision of the general meeting of owners of premises in an apartment building.

2. Expenses for major repairs of common property in an apartment building are financed from the capital repairs fund and other sources not prohibited by law.

3. The obligation to pay the expenses for the overhaul of an apartment building shall apply to all owners of premises in this house from the moment the right of ownership to premises in this house arises. Upon transfer of ownership of the premises in an apartment building, the obligation of the previous owner to pay the costs of capital repairs of the apartment building, including the obligation not fulfilled by the previous owner to pay contributions for capital repairs, passes to the new owner.

4. If the owners of premises in an apartment building at their general meeting did not decide to establish the amount of payment for the maintenance of residential premises, such an amount is established by the local government (in the constituent entities of the Russian Federation - the federal cities of Moscow, St. Petersburg and Sevastopol - by the state authority of the corresponding subject of the Russian Federation, unless the law of the corresponding subject of the Russian Federation establishes that these powers are exercised by local self-government bodies of intracity municipalities).

The managing organization wants to recover the debt from the owner of the premises who did not pay for housing and communal services

The person managing the MKD wants to recover from the owner of the premises the arrears in paying contributions for the overhaul of the common property of the MKD

The new managing organization wants to recover from the organization that previously managed the MKD, unjust enrichment in the amount of unspent funds collected from the owners of the premises for the maintenance and current repairs of the MKD

The person managing the MKD wants to recover from the person who previously managed the MKD unjust enrichment in the amount of funds not used for major repairs

The managing organization is instructed to recalculate the payment for housing or utilities, eliminate violations while restricting their provision

See all situations related to art. 158 ZhK RF

1. The owner of premises in an apartment building shall be obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining the common property in an apartment building in proportion to his share in the common ownership of this property by paying a fee for the maintenance of the residential premises, contributions for major repairs . Payment of additional contributions intended to finance the costs of major repairs of common property in an apartment building is carried out by the owners of premises in an apartment building in the case provided for by Part 1.1 of this article.

1.1. In the event that the owners of premises in an apartment building, which form a capital repair fund on the account of a regional operator, make a decision to carry out a major overhaul of common property in an apartment building and at the same time it is impossible to use the funds of the capital repair fund to finance services and (or) work on capital repairs, provided for by the decision of the owners of premises in an apartment building, within the time limits specified by the decision, the owners of premises in this house have the right to take a decision at a general meeting of owners of premises in this house on an additional contribution to pay for the specified services and (or) works and the procedure for its payment. At the same time, the payment of such payments cannot begin earlier than three calendar months before the deadline for the performance of the specified services and (or) works provided for by the contract. The use of funds generated from additional contributions is carried out in the manner established by the decision of the general meeting of owners of premises in an apartment building.

2. Expenses for major repairs of common property in an apartment building are financed from the capital repairs fund and other sources not prohibited by law.

(see text in previous edition)

3. The obligation to pay the expenses for the overhaul of common property in an apartment building applies to all owners of premises in this house from the moment the right of ownership to premises in this house arises. Upon transfer of ownership of the premises in an apartment building, the obligation of the previous owner to pay the costs of major repairs of common property in the apartment building passes to the new owner, including the obligation not fulfilled by the previous owner to pay contributions for major repairs, with the exception of such an obligation not fulfilled The Russian Federation, a constituent entity of the Russian Federation or a municipality that is the previous owner of the premises in an apartment building.

(see text in previous edition)

4. If the owners of premises in an apartment building at their general meeting did not decide on the choice of a method for managing an apartment building, a decision to establish the amount of payment for the maintenance of a residential building, this amount is established by the local government (in the constituent entities of the Russian Federation - the federal cities of Moscow, St. Petersburg and Sevastopol - by the state authority of the corresponding subject of the Russian Federation, unless the law of the corresponding subject of the Russian Federation establishes that these powers are exercised by local governments of intracity municipalities) taking into account the methodological recommendations approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services. The limit indices for changing the amount of payment for the maintenance of residential premises in these cases are determined by the local government (in the constituent entities of the Russian Federation - the federal cities of Moscow, St. that these powers are exercised by local governments of intracity municipalities) in accordance with the specified methodological recommendations.

(see text in previous edition)