Paying for utilities creates a big burden on the family budget. Moreover, every year it only increases as energy resources continue to rise in price. Therefore, everyone thinks about whether it is possible to somehow reduce costs. People cannot live without heating, water, electricity and gas, so you have to pay for them anyway. But what about the additional payments for using the elevator and the intercom? How legitimate are the actions of public utilities in this matter? And if not, is there a way to jump from the hook of scammers? Let's take a closer look at whether you need to pay monthly for a doorphone and how to reduce costs for its use. We will consider the most common situations that people most often encounter and find out their legitimate justification.
Why do I need an intercom
Let's dwell on this in more detail. Many people think that it is useless, but in practice, this device performs many functions. Therefore, before touching on the question of whether you need to pay for the intercom, let's understand its purpose. As you might guess, the main task is to ensure security and prevent unauthorized persons from entering the residential entrance.
In addition, the risk of terrorist attacks increases every year, so intercoms are also needed to alert citizens about an emergency. However, there is one important nuance. The device must have a selective warning system. If there is none, then its functionality is limited, so the requirement to pay for using the intercom may be illegal. And in this case, there are good reasons for starting a trial and claims from the housing and communal services or the management company for damages.
If you are interested in whether you need to pay a monthly fee for the intercom, then you should carefully re-read the contract concluded with the organization that installed it. The document describes in detail all conditions of use, as well as associated costs borne by the end user. In addition to the subscription fee, a down payment can be established aimed at covering the cost of equipment and installation work.
What does the law say?
So what do you need to know about this? To answer the question of whether it is necessary to pay for the intercom, you need to understand a bit with the regulatory legal acts. What does the law say in this case? There are several important nuances. If the equipment is listed on the balance sheet of the UK, then you actually rent it, for which you are required to make a fixed payment every month. An attempt to evade their obligations will be regarded as a violation of the Administrative and Criminal Code, which is fraught with certain consequences. If installation work is carried out under a collective agreement, then each tenant has the right to independently determine for himself whether he wants to use the equipment. If you refuse the service, then you can not pay for the intercom.
The most problematic option is when a multifunctional system is installed at the entrance, equipped with the ability to record a conversation and video surveillance. In this case, you will be forced to not only pay a monthly subscription fee, but also pay for equipment, the cost of which is quite high.
Regardless of the installation option of the intercom, its maintenance is paid. This is stated in the following regulations:
- Decree of the Government of the Russian Federation under numbers 354 and 491;
- Law “On Protection of Consumer Rights”;
- Housing Code of the Russian Federation.
These documents clearly indicate that the intercom is part of the housing and communal property, so payment for its use is included in the general bill. In some cases, the device may be indicated in a separate column, as a result of which residents pay twice for using the intercom. But this is only their fault, because by their own decision they conclude a separate contract with the management company. Is it legal to pay for an intercom? With a formal agreement, everything is absolutely legal. You have undertaken any obligations - if you please, fulfill them.
Is payment mandatory if there is no handset?
Some access control systems are equipped with voice communication. However, not all people use this feature. Therefore, many are interested in whether to pay for the intercom if there is no handset. Here, again, you need to turn to the contract. If he assumes that the residents of a house or entrance are required to pay a monthly fee, then the presence or absence of the handset is not a reason for refusing to pay. As mentioned above, such actions are a violation of the law, so you will have to bear responsibility for them.
Do I have to pay if the equipment is broken?
This aspect should be given special attention. Probably every person at least once wondered: "Am I obligated to pay for the intercom if it does not work?" Unfortunately, it is impossible to unequivocally answer it. On the one hand, by signing an agreement with the management company, you undertake to pay a subscription fee for the services it provides, but on the other hand, it must monitor the operability of the equipment and conduct timely preventive measures and maintenance in accordance with the established deadlines. If suddenly the intercom stops working and no one will deal with the problem, then you have every right to sue and demand compensation from the Criminal Code for the damage caused.
But you should not say that you refuse to pay for the intercom, because in this case they may file a counterclaim. To win the trial, you must be completely sure that you are right, and for this you need to faithfully fulfill your obligations and not have debts for paying utility bills.
What if the apartment is empty?
If you do not live in your home, but you have a valid contract for using the intercom, you still have to pay. You will receive monthly bills, and in the absence of payments, debt will begin to accumulate. This does not bode well, because you can be forcibly charged the entire amount. How not to pay for the intercom in this case? Very simple! If you are not going to live in your apartment or do not plan to rent it out, you should simply terminate the contract with the organization that was involved in the installation of the equipment.
Are accruals legal in the absence of a contract?
What you need to know about this? Probably, every person at least once wondered: “Do I have to pay for the intercom if it was installed without my consent?” Everything is very simple here. If you have not concluded a contract for the installation of equipment, no one has the right to charge a fee for its maintenance. Charge payments will be considered illegal. The owner of the apartment must submit an application for recalculation, and the organization acting as the owner of the intercom will have to return all the funds paid to her earlier. If this requirement is not met, you can contact the prosecutor or the court. As practice shows, in the vast majority of cases, the winners in such proceedings are citizens. A number of similar cases are known that occurred in various cities throughout the country, so they are not considered to be something new.
What is the money taken for?
This issue should be given special attention. Above, we figured out in detail that everyone is obliged to pay for the intercom if they use it. But what exactly is your money going for? Any electronic device consumes electricity, the expense of which is charged for the maintenance of common property. Therefore, the organization involved in the installation of the system does not bear any financial costs for its maintenance. The only expenses are for a hypothetical repair in case of intercom failure, as well as maintenance, which should be carried out in accordance with the planned schedule.
If you want to be sure that your money goes where you need to, you can submit a request to the management company. During the tour, qualified personnel should draw up a technical inspection report. However, the trouble is that not all companies do this. But in the absence of relevant documentation, you have every reason to start a trial due to non-compliance by the contractor with the terms of the contract.
What affects the size of payments?
This aspect is worth exploring in the first place. It is impossible to name the exact amount, since each management company has different tariff conditions. Some proceed from the size of the living space or charge a fixed amount per apartment. Therefore, residents of the same entrance can pay for using the intercom both the same and a different amount.
But what about the payment deadlines? Everything here is also ambiguous. Payment can be made monthly or for a certain period. If the exact terms are indicated in the contract, then you should adhere to them, because otherwise you may be charged interest and even fines. Therefore, it is better not to allow late payments if you do not want problems in the future.
How to avoid payment?
What you need to know about this? Nowadays, probably one of the most relevant is the question of whether it is possible not to pay for the intercom. And this is not surprising, because the cost of utilities is already high, so everyone is trying to save every penny. There are several ways to avoid paying. The best solution would be a collective rejection of the use of the intercom by all residents. But for this it is necessary to convene a general assembly, as well as provide weighty arguments confirming the feasibility of such an action. If you are supported by more than 60 percent of residents, then it will be possible to terminate the contract without any problems. At the same time, the management company or any other organization does not have the right to confiscate keys and pipes, since the owners have already paid for them when installing the equipment. But there is a negative side. In the event of an intercom failure, all the worries about finding a service center and paying for the cost of repairs fall on the shoulders of the residents. How much it will cost depends on the specific city. Prices for repair services vary greatly in different regions.
Refusal from the on-door speakerphone in the apartment
What is the peculiarity of this process? The option described above may not suit all residents. Some people worry about their safety, and therefore do not want outsiders to get into their porch. How is it legal not to pay for an intercom if it was not possible at a public meeting to come to a single decision? In this case, you yourself can refuse to use the electronic access control system. To do this, you need to write a statement in the Criminal Code, after which the intercom will be turned off in your apartment. But you must understand that not all organizations want to lose profits, so they are reluctant to meet customers. Therefore, even after submitting an application, payments come to their account. If you encounter a similar problem, then do not panic. The management company or the housing household does not have the right to demand money from you, and any proceedings are decided in court.
How to write a statement?
In order not to pay for the maintenance of the intercom, you need to contact the office of the organization that carried out its installation and is engaged in the maintenance of equipment. At the place you will have to write a statement of the established form, which must necessarily contain the following information:
- F. I. O. of the owner;
- The address where the apartment is located.
It is worth noting that all citizens' appeals are considered on an individual basis, which management companies can deliberately delay. To speed up the whole process, the application should not be submitted at the office, but sent by registered mail. In this case, the organization will not have legal grounds for refusal, and it will be obliged to satisfy your request within 15 calendar days.
What will happen to the key after the failure?
Above, we examined in detail how not to pay for a doorphone legally. But now, probably, everyone will have a thought in their heads about whether it is possible to leave the key to the entrance, because without it it will be impossible to get home. As noted earlier, all components that make up the system are paid by residents when installing the equipment. Therefore, even if you refuse to use the intercom, the key and the handset will remain with you. Any claim to return them is illegal. In the event of a conflict, you should immediately notify the representatives of the Criminal Code that if you violate your rights, you will contact the appropriate authorities.
Where to complain
Let's dwell on this in more detail. Now you know whether you need to pay for the intercom, and also figured out in which cases this can be avoided. But theory is good, but in practice it does not always work out as it should. Most often, the Criminal Code does not pay due attention to the maintenance of access systems, therefore, despite the high reliability of the devices, they sooner or later fail. Where to call and where to look for help in case of any problems with the intercom? First of all, you should contact the company that performed its installation and notify what happened. The technical support service works around the clock, so at any time they will accept the application. If you have not saved the phone numbers of the management company, you can find them in the housing maintenance office.
As soon as the application is accepted, the technical team leaves for the specified address to carry out diagnostics and repair work. You don’t have to pay for anything, because repair or replacement of equipment is carried out through payments that are paid monthly for using the intercom. The exception is only the loss of the key. You will have to buy it again for your own money.
If no one responds to your application, then you must take appropriate measures. However, the whole problem is that, according to the current legislation, each tenant is required to pay for the intercom, however, the procedure for filing a complaint about unscrupulous management companies that do not fulfill their obligations is not provided for in it. Despite this, you can get help. You need to write a free-form application to the Housing Inspectorate of your city. You can do this online on the organization’s official website or in person at its office. The Inspectorate is endowed with all the powers to control the work of any utilities and management companies, and in case of violation they take appropriate measures.
Also, if you do not know whether you need to pay for the intercom in your particular case, you can get advice on this issue from the Housing Inspectorate. This is especially true if you did not conclude a contract, but you still receive bills. This is a gross violation of the law, so they will tell you what to do and where to go. The organization installing the intercom will not be able to get off with a simple warning.
As a rule, to resolve the conflict is obtained by submitting an application to the local police department. But here it is important to do everything right. The procedure is as follows:
- Send a request by registered letter to the office of the management company.
- Waiting for an answer.
- Prepare the following package of documents: an official letter from the Criminal Code and receipts for payment for using the intercom.
- Go to the nearest police department and write a statement.
Employees will need to institute criminal proceedings and initiate proceedings. As a rule, the issue is resolved very quickly. But if the police didn’t help you, you should contact the prosecutor’s office. But you must understand that it will only be possible to solve the problem legally if you yourself have correctly fulfilled your obligations and you have no debt for utility bills. Otherwise, you yourself will violate the law, so you can also be punished.
Conclusion
In this article, an answer was given in detail to the question of whether to pay for an intercom. In some cases, the rejection of its use in order to reduce costs will be relevant. , . , , , . , . , . , . , , .