Is it possible to refuse contributions to the fund and what will happen if you do not pay for major repairs of an apartment building?

Obligations of the apartment owner to provide contributions for major repairs

The current federal evidence explains that for major repairs of multi-story buildings, payments are received in two ways:

• to a specialized personal account of MKD;
• to the account of the region operator.

The choice of method is approved at a general meeting of owners of premises in the apartment building. However, such events are almost never carried out, so the second method is assigned by default.

Regional operator account

If we carefully consider it, the described option is endowed with less efficiency due to the fact that it is the operator who sets the queue for the execution of repair work. The Regional Fund is represented by a structural unit created by local authorities to solve such problems.

This year, 2020, the municipal apparatus is obliged to fulfill the following conditions:

• rationally choose a financial structure that will accumulate the money received;
• establish a period for the execution of capital restoration for each multi-storey building on the territory that is subject to their control;
• develop a plan for upcoming repair work;
• carry out preparatory activities - find a contractor.

The operator needs to take into account the number of housing constructions, and those responsible for this need to know the physical condition of each building. However, judicial practice on major repairs shows that in fact the situation has a more negative side. From this we can conclude that the restoration of the building is unlikely to be carried out as planned, and the question of finding contractors remains open.

Watch the video: “How not to pay for major repairs. Instructions."

A special bank account opened by decision of the owners of premises in the apartment building

Therefore, residents of houses should think about holding a general collection and opening a specialized account, which will receive funds for major repairs. You can create such an account within 60 days after starting participation in the program. Ignoring the condition will lead to automatic transfer of money to the regional operator.

When using the first option, funds will be transferred to the personal account of the MKD, however, several aspects must be taken into account.

The general meeting of apartment owners should highlight the following factors:

1. The amount of transfers cannot be less than the tariff determined by the state. However, at the request of the owners, its size can be increased.
2. Develop a plan listing repair services provided from proceeds.
3. Indicate the period for carrying out the necessary capital works.
4. Select a banking structure for opening a bank account and accumulating funds.
5. Appoint a manager, since the apartment building is not a legal entity.
6. Find a contractor to carry out the repairs, with a preliminary estimate.

The quality of the service provided will be assessed by the council of residents of the building.

State Housing Code, other legal acts

The Housing Code in Article 169 indicates the following:

1. Payments for major repairs are mandatory.
2. The amount of the fee is determined by each region separately. For example, a unit of Br/m2 for St. Petersburg was 2.50 rubles, while in the Tyumen region it was 20.
3. The number of contributions must be calculated using a formula where the entire area of ​​the building is multiplied by the tariff adopted by the state or apartment owners.
4. If the house has non-residential premises, their owners also pay for such a service.
5. The monthly funds paid are intended only for capital works of the common property located in this building.

The regulatory provision also states that the money transferred under the capital repairs item can be sent to the account of a regional operator or front house.

AutoJurist legal assistance

• Penalty;
• Shutdown of water supply;
• Power outage, followed by connection fees;
• Court decision plus legal fees;
• Debt collection with the help of the enforcement service;
• Sale of rights to claim debt to collection organizations;
• When the amount of debt exceeds 10 thousand rubles, bailiffs have the right to restrict a citizen’s rights to travel abroad;
• Additionally, bans may be imposed on the sale of movable and immovable property.

• mandatory contributions and the right of funds to spend resources from the common pool on repairs of other houses;
• security of funds for major repairs and the ability of regional operators to manage these funds.

• Claims from regional operators against debtor citizens consider issues of debt payments by citizens and are based on the provisions of the Housing Code and Federal Law No. a po271, the execution of which is the obligation and right of capital funds. repair.
• Claims against municipal authorities, directed by citizens and by regional operators, the purpose of which is to resolve the following issues:

• mun payments

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Making payments for major repairs

Two ways to form a capital repair fund.

Before the housing and communal services reforms came into force, the population regularly paid for services, despite their constant rise in price. However, innovations also raised the price by almost a quarter, which simultaneously occurred with an increasing unemployment rate.

Quiet statements about contributions for capital restoration work grew into loud statements of protest, which resulted in the pages of the domestic media. However, this does not mean that monthly transfers to the fund or personal account are canceled.

The legislation provides a clear answer to the worried population. Owners of apartments located in multi-storey buildings are required to pay money to pay for utilities, especially since major home repairs are an integral part of the services. This is indicated in the Housing Code of the Russian Federation, in particular Art. 153 and 154.

The legal provision is mandatory, so defaulters are subject to civil liability. For example, a penalty is charged, and judicial practice on contributions for major repairs refers to Art. 155 of this Law.

If the amount of the obligation exceeds 10 thousand rubles, the debtor is prohibited from leaving the country - Art. 67 Federal Law No. 229 (new edition 2020).

When collecting a debt for major repairs, judicial practice refers to the Civil Procedure Code (CPC), Art. 122 and 131. However, even state legal acts cause a lot of controversy in legal circles. For example, that in the case of fundraising, it is necessary to rely on the Civil Code of Russia - Art. 702, which indicates that the execution of a contract before carrying out major repairs appears to be a voluntary action.

Therefore, monthly contributions cannot be required. But if this is a public agreement, then by paying once, the apartment owner gives his consent to the transfer of funds. After securing the first payment, he is obliged to carry out this operation monthly.

For improper implementation of legislation on the transfer of payments, the following forms of liability are provided:

1. The debtor is sent a court order for major repairs to reimburse the debt at the request of the claimant - Civil Procedure Code, Article 128.
2. The debt under the obligation is collected on the basis of a decision of the highest authorities upon completion of the writ proceedings - Art. 130 of the mentioned Law.
3. Calculation of penalties, based on the length of the period of non-payment, for each overdue day - Housing Code of the Russian Federation, clause 14.1 of Article 155.
4. Penalties are imposed by a court decision with compensation of the principal amount in case of evasion of the obligation.
5. The debtor's property is confiscated for the total amount of the debt, which is sold at auction and used as repayment - Law No. 229, Article 69 (current version 2020).
6. The seizure of the debtor's personal property is carried out in favor of the capital repair fund until the entire arrears are paid - Federal Law No. 229, Art. 80.
7. Bailiffs seize personal accounts, which is expressed by temporarily freezing their use or repaying the accrued debt - Federal Law No. 229, paragraphs. 7 paragraph 1 art. 64.
8. The restriction on departure is regulated by this Law, which prohibits leaving the state if the amount of the unpaid obligation exceeds 30,000 rubles - paragraphs. 15 paragraph 1 art. 64.

Enforcement proceedings with the participation of bailiffs are opened upon an appeal from a housing office or a court decision at the request of a claimant - Article 30 of Federal Law No. 229.

If the debtor has an apartment as his only place to live, he cannot be forcibly evicted from it. If sold by the owner himself, the indicated debt for major repairs is added to the sales amount, which will inflate the price of the apartment and negatively affect the buyer’s opinion.

Judicial practice in 2020 on contributions for major repairs: to pay or not

• The accrual of penalties, which is regulated by the Housing Code of Russia, namely Article No. 155, Part 14.1.
• Debt collection through judicial authorities, as specified in the Code of Civil Procedure of Russia in Articles No. 122 and No. 131.
• Imposing a ban on leaving the country if the amount of debt exceeds 10,000 rubles - this is regulated by Federal Law No. 229 of 09/02/07.

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Of course, you can deliberately refuse to pay contributions. However, the law provides not only for fines, but also for restrictions on moving abroad and an inventory of property with subsequent putting it up for auction. Let us note that first notifications will be received, then preliminary notification of the planned legal proceedings, and then the court, and in this case you will have to pay more than the debt.

Arbitrage practice

What is included in the list of works for the overhaul of an apartment building.

Based on judicial practice in collecting debts for major repairs, institutions collect debts from apartment owners without hindrance. Many collection cases were carried out using a simplified procedure. This means that the meeting does not issue a decision, but an order that is binding.

Reimbursement through the overhaul authority is reflected in an increase in debt, over one and a half thousand rubles.

Court rulings on illegal payments for major repairs

The Novomoskovsk City Court of the Tula Region declared the accrual of contributions for major repairs illegal - case number 2819/2017. – and canceled the penalties imposed by the Fund.

The Khanty-Mansiysk District Court found the imposition of payments for major repairs unauthorized. He annulled the penalty and ordered compensation for moral damages to the owner of the apartment. Case number 21234/2017.

Compensation for repairs not made

By decision of the Sovetsky District Court in favor of the defendant, compensation was recovered for the failure to carry out major repairs of the house, the wear and tear of which was more than 60%. Case number 2405/2016.

A similar decision was made by the Leninsky district authority of the city of Perm (21167/2017).

Debt collection

Judicial practice in collecting debt for major repairs shows that the Arbitration Body of the Vladimir Region decided to collect the debt to restore the building from the defendant.

Case number A11-1412/2018.

Collection of penalties

The Yuzhno-Sakhalinsk City Court decided to collect from the defendant, in addition to the debt for major repairs, the accrued penalty. Case number 22754/2018.

Practice of the Russian Armed Forces

The determination of the Russian Armed Forces, case number 57APG143, dated June 4, 2014, states that home owners participate in the costs of maintaining common household property.
Resolution of the Court in proceedings No. 13APG1423 dated July 23, 2014 indicates that local government bodies organize major repairs of multi-storey buildings at the expense of payments from apartment owners.

Constitutional Court and renovation of the apartment building

In this case, experts recommend that you familiarize yourself with the Resolutions of the Constitutional Court of Russia No. 10P of 04/12/16 and No. 12P of 02/25/19.

Cancellation of a court order to collect debt for major repairs

refused to accept an application for a court order for recovery from R.V. Korzheva. arrears in payment of contributions for major repairs and penalties, since a requirement is stated that is not provided for in Art. 122 Code of Civil Procedure of the Russian Federation. In support of this conclusion, the magistrate points out that the applicant submitted demands for the collection of mandatory payments, which from September 15, 2015.

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According to Part 3 of Art. 170 of the Housing Code of the Russian Federation, the obligation to pay contributions for major repairs arises for the owners of premises in an apartment building after eight calendar months, unless an earlier period is established by the law of the subject of the Russian Federation, starting from the month following the month in which the approved regional capital repair program, which includes this apartment building (as amended)

Refusal of payments

Apartment owners have the right to demand at any time a report on the work done, find out how money is spent, and how much is left in the account.

The most important aspects of carrying out a major renovation of a house are the following:

• repair work can be carried out at any time of the current year, this also includes emergency cases;
• the fund must have an action plan drawn up for the future period;
• the formation of cost estimates is based on the reality of providing services at the current moment;
• the remaining funds are used for future repairs.

Watch the video: “What surprises does the regional overhaul program hide?”
If residents of rural areas have doubts about the improper use of money, they can resort to the help of regulatory organizations.

These are the following authorities:

1. Regional branch of Rospotrebnadzor, which protects the rights of consumers - customers of major repairs.
2. Local government authorities to create a commission to investigate the incident.
3. The prosecutor's office, if there is a suspicion of fraudulent transactions with money and bringing violators to court.
4. Regional Department of Housing and Communal Services.

The latter can provide qualified advice and answer questions regarding the capital restoration of buildings.

Exemption from payments for renovation of apartment buildings

The state Housing Code completely exempts the following categories of citizens from contributions for capital renovation of buildings:

• owners of buildings whose condition is classified as emergency;
• residents of apartments classified as municipal property;
• veterans of the Great Patriotic War;
• persons holding the title of Honorary Citizen of Russia;
• elderly people whose age is over 80 years.

Owners of new buildings during the warranty period are exempt from making mandatory contributions.

Benefits are also provided, according to the Housing Code, Art. 159, if the amount for utilities exceeds the maximum family expenditure.

From January 1, 2020, local state administrations have the right to fully or partially exempt certain categories of residents from such a tax:

Table 1.

The implementation of this form of preferences is left to the discretion of local government bodies, but is not one of their responsibilities. Discounts do not automatically apply to the listed categories of citizens.

To receive the benefit, you must contact the regional capital repair operator in writing to confirm your position with the relevant documents.

Circumstances for recognizing an unlawful recovery of payments for building repairs

Judicial practice regarding the capital repair fund shows that some citizens, among bona fide tax payers, are faced with the fact of non-payment. Such incidents occur as a result of errors by a regional home restoration operator or the owner of a specialized personal account. Most often this happens due to incorrect accounting of square meters of housing or another error in the calculation. Therefore, imaginary debtors have to defend their interests in court.

If such a misunderstanding occurs, the apartment owner must contact in writing the entity that sent the incorrect receipt. The application is supplemented with copies of payment documents, which confirms the deposit of funds.

If a negative response is received or the request is ignored, the citizen has the right to contact the State Housing Commission, which will review the correctness of the calculation. If it is not possible to achieve satisfaction here, the owner has every reason to file a claim in court.

Debts of the previous owner of the apartment for major repairs

So, there are many places where you can find out debts for major repairs. After you have figured out how to find out debts for major repairs via the Internet, it is advisable to pay off this amount, because evasion of payment is fraught with legal proceedings.

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When purchasing an apartment, you need to not only carefully check the seller of the property, but also his payments on utility bills. As explained in the Capital Repair Fund of the Sverdlovsk Region, if the housing is transferred to a new owner, he will be obliged to repay the debts of the previous owner for major repairs.