Apartment buildings have a significant area related to the common property. What is the specificity of using it? How do citizens make decisions related to the maintenance of common house property?
What is meant by common property in the house?
In accordance with legal acts adopted in the Russian Federation, the common property of an apartment building is an shared resource of owners of apartments located in the property. The main elements of this infrastructure can be represented in a wide range. As a rule, these are premises to which apartments do not belong, and also:
- objects used to service several rooms in the house;
- landings;
- elevators;
- corridors;
- attics;
- technical floors and basements;
- various engineering communications ;
- roofs;
- structures that perform a protective, bearing function;
- various types of equipment located in the house outside the apartments;
- the land plot where the house is located, the plants that are planted on it, the elements of landscaping located on it.
The main regulatory acts governing legal relations in this area are the Housing Code, as well as Government Decree No. 491 of August 13, 2006. In general, you should refer to the provisions of the RF Housing Code. In matters of the content of the respective facilities, the government decree already indicated must be read. The common property of an apartment building is characterized by a large number of nuances in terms of use and maintenance.
We will study them.
Features of the use of communal resources
The owners of the respective premises use them in accordance with the federal legislation of the Russian Federation. Changing the value of the total property of the house is possible only with the consent of all owners of this infrastructure. In addition, the transfer of the relevant premises into the ownership of other persons is possible. The main thing is that in the implementation of such legal relations the criterion is met - the common property of the owners of premises in an apartment building can be transferred to use only if this procedure does not violate the rights and interests of citizens and organizations.
Land plots on which residential objects are located may be transferred for limited use to other persons. If before the adoption of legislation governing the use of communal resources, these sites have already been used by someone, access to them cannot be prohibited. The new encumbrance of the facility is established in accordance with the agreement between the owners of the apartments and the person who is going to use the site. Possible disputes within the framework of these legal relations are resolved in court.
Features of the content of common objects
Let us now examine how the maintenance of common property in an apartment building is carried out.
In accordance with the laws in the field of housing law of the Russian Federation, apartment owners bear the costs of solving the problem under consideration jointly. The share of these costs attributable to a particular owner is determined on the basis of the share in the common property owned by the person. Even if the owner of the apartment does not live in it, he nevertheless must pay a fee for the maintenance of common property in an apartment building. If a person does not use the elevator, for example, for the reason that he lives on the 1st floor, then he must pay for the corresponding infrastructure element of the residential facility.
The specific list of activities that make up the content of common resources in the house depends on the characteristics of the particular residential property, climatic conditions in which it is located. As a rule, they include:
- Periodic inspection of property, which is carried out by the owners of apartments and other responsible persons in order to identify defects in the structure of the respective facilities;
- ensuring the functionality of power supply systems;
- cleaning and sanitary-hygienic treatment of the premises, the land on which the house is located;
- the removal of garbage and waste resulting from the work of companies that use various rooms in the house;
- application of fire protection measures provided for by the legislation of the Russian Federation;
- care of plants planted on a land plot that is adjacent to the house;
- maintenance of landscaping elements located in the relevant territory;
- implementation of the current repair of facilities, their preparation for operation in a given season;
- implementation of measures aimed at improving the energy efficiency of a residential building.
It can be noted that the list of measures that form the content and repair of the common property of an apartment building does not include:
- ensuring the functionality of doors in apartments owned by residents - external and internal, windows;
- warming of balconies;
- glass replacement;
- care for land that is not included in the structure of common property, including planting plants on it.
These tasks are solved by the owners of the apartments.
The main activities undertaken as part of the use of common property include repair. It can be current and capital. We study its features.
Repair of community facilities
Repair is carried out in accordance with the decision of the meeting of owners. The current one is designed to prevent wear and tear, as well as maintain the functionality of the facilities in question. Overhaul of common property in an apartment building includes the replacement or reconstruction of individual elements of the residential infrastructure. It is also produced if the service life of the respective facilities expires.
The current (as well as capital) repair of common property in an apartment building can be carried out by management companies, if this obligation is established on them by the decisions of the owners. Participation in these legal relations is the exclusive competence of apartment owners. Residents also set the content and schedule for the repair of common resources in the house.
Note that management companies are required to carry out current and urgent work necessary to maintain the functionality of the facilities, even if an agreement with the owners does not establish a specific list of relevant work. In order to finance these measures, apartment owners form a capital repair fund for the common property of apartment buildings. Consider its specifics.
Using the fund of total cash assets of apartment owners
The fund in question is placed on a special account. It opens in a financial institution with the competence to conduct relevant transactions. The funds placed on a separate account and owned by the owners of the apartments are used, thus, in order to overhaul the resources.
The formation of the appropriate fund is carried out at the expense of the contributions of residents, as well as interest charged on these amounts in the manner prescribed by law. In some cases, it is also possible for the bank to accrue interest on the placement of funds in the account in question. The overhaul fund is distributed between apartment owners in proportion to their contributions.
The ownership of these funds belongs to the owner of the particular dwelling. If a person sells an apartment, then its buyer also becomes the owner of a share in the overhaul fund. It is worth noting that the owners of funds on a separate account are not entitled to use them for other purposes, except for the overhaul of common resources in the house.
Let us now examine how events are held in which the owners establish the rules for the maintenance of common property in an apartment building. We are talking about meetings of the general meeting of apartment owners.
The meeting of the general meeting of apartment owners: features of the event
The general meeting of owners of residential premises, in accordance with the laws in the field of housing law of the Russian Federation, is the main body of the house. In fact, it is also a meeting, and therefore, can be considered as an event. The meeting of owners has an agenda and involves the formation of a list of decisions made by voting.
The common property of an apartment building is objects that, in accordance with the results of the meeting of apartment owners, can be:
- reconstructed;
- supplemented with outbuildings for various purposes;
- repaired - including when using the overhaul fund.
At a meeting of the general meeting of apartment owners, decisions may be made:
- on the formation of a capital repair fund;
- the amount of the contribution to the overhaul - relative to the minimum level;
- about the choice of a citizen who will open a special account of the corresponding fund and carry out operations on this account;
- on the choice of a bank that will service financial transactions related to settlements of apartment owners with service providers for the maintenance of common resources;
- on the receipt of a HOA, the Criminal Code or another competent organization of loans for overhaul in the house;
- on execution of guarantees for such financial transactions;
- on the procedure for using the land adjacent to the house;
- about the use of objects included in the general resources of the house, by third parties - for example, for the purpose of advertising;
- on empowering persons participating in the signing of contracts for the use of facilities;
- on the implementation of information systems as part of the interaction of apartment owners, as well as on the identification of persons entitled to use such technological solutions;
- on the procedure for financing costs associated with the establishment of meetings with the participation of the Criminal Code, Homeowners Association or other competent organization;
- on the choice of home control mechanisms;
- about the need for ongoing repair of property.
Let us examine how the meetings in question can be held.
Forms and procedure for holding meetings of apartment owners
The event in question can be held:
- in the form of in-person voting - when the owners attend it personally, discuss issues and make decisions on them;
- through absentee voting of residents - in the manner established by regulatory legal acts of the Russian Federation;
- in mixed form.
The regulatory legal acts of the Russian Federation also establish the procedure for the event under consideration. First of all, the law establishes the frequency with which meetings should be held that establish how the owners of the house use the common property of the apartment building. This is a very significant criterion in terms of the effectiveness of the management of the relevant facilities.
So, the meetings in question should be held once a year, unless otherwise specified by local standards established by the owners of the apartments. Apart from the main meeting of the owners, extraordinary events can be held related to the discussion of various aspects of home management. They can be initiated by any citizen from among the owners of apartments.
The general meeting of owners is recognized as legitimate if a quorum is observed. In accordance with the housing laws of the Russian Federation, it should be 50% of the total number of votes. If the quorum is not met, another general meeting is held.
If any of the apartment owners decided to bring up for discussion a question, for example, how the current repair of common property in an apartment building should be carried out in an extraordinary order, then he should inform the other tenants about his initiative 10 days before the relevant meeting . A person needs to send information about the event to neighbors in writing or post messages about the meeting of apartment owners on special stands. This document should contain:
- information about the initiator of the extraordinary meeting of owners;
- data on the form of the meeting;
- date, place, and also time of the event;
- main issues on the agenda of the meeting of owners;
- the procedure for studying the owners of apartments with information that will be considered at the meeting.
Owners of apartments with 10% of the vote or more at meetings may apply to the Criminal Code or Homeowners Association with a request to hold a general meeting. This appeal must be in writing and include agenda items. The Criminal Code or the HOA within 45 days after receiving the relevant document, but no later than 10 days before the general meeting, must inform the residents about the relevant event.
Such initiatives can also be associated with a discussion of the nuances that characterize the repair of common property in apartment buildings or, for example, the use of a major overhaul fund. The initiator of the relevant meeting may be the management company itself or the partnership of owners. At the same time, there may be issues on the agenda that are usually within the competence of the meeting of apartment owners.
Let us now consider how decisions of homeowners are made.
Features of decision-making at meetings of homeowners
As we noted above, the implementation of measures related to the maintenance of common resources in the house is carried out based on the voting results at the meeting of apartment owners. Appropriate decisions are made by the owners in the general case by a majority of votes, but sometimes two-thirds of tenants are required to support a particular issue.
Features of voting at a meeting of apartment owners
It will be useful to study how voting is carried out on issues on the agenda of the respective meetings. For example, regarding procedures such as the overhaul of the common property of multi-apartment buildings or the expenditure of funds to be used for appropriate purposes. Voting at a meeting of apartment owners can be carried out in person or through a representative who acts on the basis of a power of attorney. Each owner has a number of votes proportional to his share of ownership of common resources in the house. Information about the persons participating in the voting is recorded in the minutes of the meeting of apartment owners.
The voting results in the framework of the meeting of apartment owners are recorded in special protocols, which are official documents. Their preparation and application of the provisions contained in them may involve legal consequences.
Presentation of the results of the meeting of owners
Copies of the relevant protocols must be submitted by an authorized citizen to the Criminal Code, Homeowners Association or other competent organization within 10 days after the meeting of apartment owners. In turn, the Criminal Code, Homeowners Association or another structure must forward the protocol to the regulatory authorities within 5 days after receiving the marked document. If these government agencies receive 2 or more sources of the appropriate type for 3 consecutive months, they must initiate an unscheduled audit of citizens' activities related to managing the house. For example, if tenants are actively discussing what services for maintaining the common property of an apartment building should form measures for maintaining the respective objects, then the competent state authorities can check how legitimate the actions of citizens are in resolving such issues.
The minutes of the meeting of apartment owners should not contain decisions on issues that are not included in the agenda by the initiators of the event. Residents are informed about the results of the meeting of apartment owners within 10 days after the execution of the relevant document. As a rule - through placement on special stands. Protocols that record the results of the meeting of apartment owners are stored in a place that the tenants themselves determine. , , — , , , , .
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