Today, about a third of apartment buildings need major repairs. The procedure for its financing is regulated by a regulatory act that entered into force on December 25, 2012. Let us further consider its main provisions.
Law 271-FZ "On capital repairs"
When the specified normative act came into force, financing of measures to eliminate malfunctions in worn-out structural elements of common property is carried out by the owners. Previously, this obligation was assigned to the housing and utility reform fund. Currently, his activities are reoriented to relocate people from emergency and dilapidated housing. The amount of payment varies by region.
Regulatory obligations
Law 271- "On capital repairs" (as amended) established that by 2014 local governments should form funds and identify regional operators. It is the responsibility of the latter to carry out appropriate activities in apartment buildings and to provide timely reports on the Internet. Despite the fact that everything seems to be clear in the wording, in practice a lot of questions arise. Most of them are associated with the process of collecting and spending property owners.
Specificity of Provisions
For what purpose was Law 271- On Overhaul adopted? The changes that are introduced by this normative act in the housing complex, in essence, are not something new. The fact is that the Civil Code explicitly establishes the obligation of owners to maintain housing at their own expense. Federal Law 271- "On capital repairs", recognizing payment for the performance of work in an apartment building as mandatory for owners of premises, establishes a clear mechanism for carrying them out as planned.
Relevance of the issue
At the end of 2011, the country had more than 20 million square meters. m of emergency housing and about 80 million square meters. m - decrepit. The share of such structures in the total housing stock is 3%. About the same number of buildings are actually in disrepair, but have not been officially declared shabby. This is due to the lack of funds from local authorities for the resettlement of citizens from such facilities. In this situation, Law 271- On Capital Repair was quite logically adopted. The full text of the normative act contains a number of provisions establishing guarantees for the population.
Registries
The law “On capital repairs” (Federal Law 271) decides on the intended use of funds collected from owners in two ways. In accordance with the first option, before the end of 2013, regional bodies must form funds and establish a state-owned enterprise - the operator. He will carry out repairs with funds collected from the population. Money to the fund should be deducted according to the plan, which includes each multi-apartment building. Local authorities will compile relevant lists. Registries should be publicly available so that every citizen can track the progress of the line. In each entity, a specific amount is set for owners to be paid into the fund. At the same time, the regional and federal budgets will co-finance it. This option of collecting money, in essence, contradicts the Constitution and the Civil Code. In accordance with the regulations, the homeowner bears the burden of maintaining his own property, not someone else's. The law "On capital repairs" (FZ 271) actually allows the use of funds collected from one house to carry out work in another according to the approved schedule.
Opening a special account
The law "On capital repairs" (FZ 271) provides for another option for raising funds. In accordance with the regulations, HOA may open a special account. Owners will deduct their contributions to it. Of these, accordingly, a capital repair fund will be formed. These funds are intended. This means that they can only be debited from the account for repairs. If the HOA arbitrarily decides to raise the fee, the owners have the right to go to court. A positive aspect when using this option will be that overhaul is not tied to a plan drawn up by local authorities. Accordingly, it is possible to carry out the necessary activities earlier than anticipated by the schedules. In addition, the owners of the premises independently determine the amount of the contribution. The law “On capital repairs” (FZ 271), however, makes a reservation that its size should not be less than the minimum established by the regional regulatory act. Owners also independently choose the contractor. They can be either the management company itself or another organization. The Bank transfers funds to the contractor only after the receipt of the acceptance certificate by the account holder . This document, in turn, must be signed by representatives of the owners of housing, as well as local authorities.
Account owner
As him, under Art. 175 ZhK, the HOA may act, which manages the apartment building and is formed by the owners in one or more MCD. At the same time, the number of apartments in the latter should be no more than 30 in total, if the structures are located on sites having a common border, utilities and other infrastructure components intended for general use. If the powers of the management company go beyond the established framework, then the account must be opened with a regional operator or the HOA should be divided into several separate ones.
Important point
If until 2014 the owners could not decide on the option of raising funds, then they will automatically be included in the regional fund. Contributions are mandatory. In case of delay, penalties of 1/300 of the Central Bank refinancing rate will be assigned. If at the meeting the residents decide to refuse to make contributions, it will be declared illegal. Funds from owners can be recovered in court.
additional information
Law 271- "On capital repairs" establishes that the decision on the implementation of necessary measures is taken by the owners at the meeting. Owners can hold it at any time on the initiative of the person managing the house or providing services for its maintenance, a regional operator or one of the tenants. If it suddenly turns out that the funds for the overhaul are not enough, you can take a loan from the bank under the guarantee of the fund, then go to it and pay contributions to it until the amount is paid. One more point should be noted. The HOA, which transferred contributions to the regional fund, has the right to withdraw from it by opening a special account. If the repair has not yet been completed, then the money will be transferred to it. If it was produced, but the funds were insufficient, and the regional fund paid extra for the work, the HOA first repays the debt, and then opens an account.
Law 271-FZ "On capital repairs": beneficiaries
The rules determine the categories of persons who are exempted from the obligation to pay contributions. As a general rule, Law 271- "On Overhaul" does not provide benefits for owners. However, they can be established by regional regulations in relation to the poor, the disabled, the elderly, and a number of other persons in need. Full exemption from the obligation to pay contributions is provided for tenants of municipal housing. In this case, the MO acts as the owner. Accordingly, by law, it is the municipality that must ensure the timely overhaul.
Mortgage credit lending
Not all citizens have the opportunity to buy an apartment for their money. Many today turn to banks for a mortgage. At the same time, unencumbered ownership of the right to property until full repayment of the debt is not issued for such housing. Accordingly, the question arises of who should make contributions to overhaul. Judicial practice does not give a definite answer to it. Some jurisdictions believe that charging is illegal; others take the opposite position. According to some experts, the second option is quite logical, in which the deduction of contributions is the responsibility of the owners. In this case, in fact, citizens with a loan use the apartment - the bank holds it only as a security and does not carry out operation. The burden of maintaining housing, therefore, rests with the acquirer. However, this position is not enshrined in law.
Acceptance of home emergency and exemption
According to the provisions of the Housing and Utility Service, overhaul contributions are not paid by apartment owners in a building subject to demolition. In such a situation, the regional operator sends funds from the fund to carry out appropriate activities with the house. Citizens are also exempted from the obligation to pay a fee for overhaul upon the adoption of a normative act on the seizure of the site on which the construction is located, for municipal / state needs, each premises, except those that belong to the region, municipality or the Russian Federation. In this case, the regional fund must return the funds deducted by them to the apartment owners. In addition, citizens can exercise the right to receive the redemption value of seized housing.
Conclusion
It should be noted that owners of apartments in new buildings are also required to make deductions for overhaul. This is due to the fact that over time, all structural elements, including utilities, become unusable and require replacement. It is more profitable for owners of apartments in new buildings to create a fund for overhaul in a special account. Contributions, among other things, may include interest on the use of money. Prior to the adoption of the Federal Law under consideration, the country did not provide for a clear procedure for implementing the owners ’obligation to maintain common property in a multi-unit residential building. The rules established in the regulatory act allow owners to decide for themselves what code to perform work and to what extent, as well as choose their contractor. Thus, the condition of the apartment building depends on the owners today.