What is it - maintenance and repair of housing in an HOA?
According to Art. 148 of the Housing Code of the Russian Federation, the management of the HOA, among other things, must monitor the maintenance of the common property.
To carry out its tasks, the board has the right to hire personnel or enter into contractual relations with individuals and legal entities.
Maintenance and repair of housing in an HOA means compliance with the requirements for the condition of the common property of residents and regulated by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, as well as the elimination of damage.
The regulatory act obliges the HOA to perform the following functions:
- take the necessary measures to ensure the sanitary and epidemiological well-being of residents;
- assess how reliable and safe the house and surrounding area are for the health and lives of people;
- organize free access to basements, attics, other common areas and local areas for all citizens, including people with disabilities;
- maintain sewerage, water supply, electricity, ventilation systems, and general house metering devices in working condition;
- carry out energy saving measures;
- ensure proper appearance of the façade and common areas.
Important! The scope of maintenance and repair of housing, for which the HOA is responsible, includes structural parts, engineering communications, land, premises regulated by Art. 36 Housing Code of the Russian Federation.
How to carry out current or major repairs in a house, how the decision is made, who does it, is described in detail in this article, and find out about major repairs and the HOA here.
Services in the field of water supply/sanitation:
- Calculation of tariffs for sewerage/water supply, drinking water, process water, water transportation, wastewater transportation in accordance with Decree of the Government of the Russian Federation dated May 13, 2013 No. 406;
- Approval of tariffs, support for the passage of a set of calculation and substantiating materials in the executive authorities of the Russian Federation (Tariff Committee of St. Petersburg, Leningrad Region, Moscow...);
- Development of a passport for an energy saving program, developed in accordance with Orders of the Ministry of Energy of Russia dated June 30, 2014 No. 398 and dated June 30, 2014 No. 399;
- Supporting a regulated organization within the framework of information disclosure by the Russian Unified Information System.
Does the partnership have the right to collect contributions for the maintenance of houses?
HOA, guided by Art. 137 of the Housing Code of the Russian Federation, has the right to enter into contractual relations with apartment owners to carry out the functions of managing the house and carrying out activities aimed at decent maintenance and repair of common property and the surrounding area.
Citizens are obliged to pay for the services provided in accordance with contractual obligations, in the specified amount and within the agreed time frame. The board of the partnership, based on Art. 148 of the Housing Code of the Russian Federation, monitors the timeliness of payment for work done.
Payment for mandatory services required to maintain a home, fees and other expenses in the HOA is written in detail in a separate material.
How is the tariff determined?
The amount of payments is calculated taking into account the financial information provided by the HOA board to the general meeting of homeowners.
Such data includes:
- financial reports;
- estimates of income and expenses necessary for the maintenance of common property;
- information about the list and scope of work required to maintain housing in normal technical condition.
When analyzing services and setting tariffs, specialists take into account objective factors:
- structural type of building;
- technical characteristics of common areas;
- how worn out the house and communications are;
- climatic characteristics of the area.
Taking into account the qualitative assessment of common property, the costs of maintaining the HOA and current repairs of housing are calculated. The tariffs are set by the general meeting of tenant-owners.
Any citizen with an active life position has the right to take part in such a meeting and make proposals and adjustments for discussion.
Members of the HOA have the right to freely familiarize themselves with settlement documentation, tariffs, amounts of payments and contributions. The board of the partnership is obliged to cover financial issues in accessible places: bulletin boards, Internet resources.
What work is included in the price?
According to the law (Resolution No. 491 of August 13, 2006, paragraph 28), owners of common areas must spend their personal funds on their maintenance. The fee for this type of service includes the cost of performing several types of work.
Among them:
- inspection of the building, playgrounds, green areas for safety from various types of injuries, fire, stability of structures, trees in adverse weather conditions: strong wind, rain, snowfall;
- cleaning stairs, landings, local areas;
- supervision of the uninterrupted operation of utility networks;
- Carrying out, if necessary, sanitary and hygienic measures (fighting rats, bats) on the territory of common property;
- ensuring illumination of the local area, entrances, basements;
- maintaining the required temperature and air humidity in general purpose premises;
- sealing of residential electricity meters when replacing with a new device;
- painting yard equipment, borders, walls and other structures that have lost their proper appearance;
- landscaping;
- planting flowers, if such a service is provided for by the general meeting of the HOA;
- loading accumulated waste into containers.
In some regions, the removal of solid and liquid household waste is not included in the housing maintenance service of the HOA. It is taken into account as a separate expense item, which also provides for the disposal of solid waste and liquid waste.
The HOA enters into a service agreement with the relevant organization.
Approval of the tariff for the maintenance and repair of housing: housing complex of the Russian Federation
Thus, the law provides for the obligation of owners to hold an annual general meeting, at which the procedure and timing for its holding will be determined. In addition, the Housing Code of the Russian Federation establishes the right of owners to initiate an extraordinary general meeting. The law does not contain provisions on the right or obligation of the management organization to initiate a general meeting of owners of premises in an apartment building. At the same time, the management company has the right to provide assistance in holding such a meeting (carry out technical work on conducting absentee voting, develop and approve forms of notification and ballots for absentee voting, elect a commission for receiving documents and counting votes to sum up the results of absentee voting and notify all owners of the premises about this).
Can the owner not pay?
The owner of the premises, refusing to pay for the work of the HOA for the maintenance and repair of housing, violates the legislation of the Russian Federation. So, according to Art. 36 of the Housing Code of the Russian Federation, the state gives citizens the right to own part of the common property.
As stated in Art. 37 Housing Code of the Russian Federation, the size of such ownership directly depends on the area of the apartment. Art. 39 part 1 of the Housing Code of the Russian Federation obliges the owner to take care of the property that belongs to everyone on the basis of shared ownership.
A citizen must maintain everything he owns in decent shape and working condition and spend money on it.
At the meeting of the partnership, with the consent of the representatives of the owners, the tariffs at which the HOA undertakes to carry out the work are approved. A complex system - an apartment building - functions smoothly thanks to the coordinated actions of many specialists.
By refusing to pay for the maintenance and repair of housing, a person does not want to reward the work of craftsmen, janitors, plumbers, carpenters, painters, who provide him with comfort and convenience.
Important! Poor performance of duties by workers is not a reason to refuse due payment.
If the HOA board has an unscrupulous attitude towards its responsibilities, it makes sense to contact Rospotrebnadzor, the Housing Inspectorate or the court (in which cases problems with the HOA need to be resolved through the court, find out here, and how to file a claim in court if the partnership does not fulfill its duties, you can read in a separate article).
Penalties may be imposed on negligent workers, and by a court decision it will be possible to obtain compensation for wasted funds (the liability of the HOA, the types of fines and penalties for violations of authority are described in detail in another material).
Forum burmistr.ru - forum about housing and communal services (management of apartment buildings)
When resolving disputes related to the payment of fees for the maintenance and current repairs of common property in an apartment building, services and work on managing such a house, it should be taken into account that the amount of such payment approved by the general meeting of owners cannot be set arbitrarily, it must ensure the maintenance of the common property in an apartment building home in accordance with the requirements of the law and meet the requirements of reasonableness (Part 1 of Article 156 of the Housing Code of the Russian Federation).” Thus, the amount of payment for housing maintenance cannot be set arbitrarily; it must ensure proper maintenance of common property and meet the requirements of reasonableness.
Consequences of debt
If you do not pay for maintenance and repairs of your home for several months, the HOA may file a claim in court for damages.
If a decision is made in favor of the partnership, the debt will be collected. After the trial, the writ of execution is sent to the bailiff service.
If the defendant stubbornly refuses to pay the debt, the accounting department at the place of work will receive a document obliging them to withhold 50% of the money from the debtor’s salary (Article 99 of the Federal Law “On Enforcement Proceedings”).
If you have a bank card, bailiffs can withdraw all the money on it up to the amount of debt. The way out is to provide evidence that wages were transferred to the card. Then the retention will not exceed 50%.
Services must be paid in full and on time. In difficult life situations, you should turn to the state for support and receive a subsidy for housing and communal services.
In other situations, for example, when planning a long-term departure, it is possible to make an advance payment. If you are away for a long time, it is recommended to use any payment system, in particular Sberbank Online.
Legislative regulation
Maintenance and repair of an apartment building is necessary to maintain the common property of residents in proper condition and ensure the constant readiness of utilities. Regulation of tariffs for housing maintenance is carried out:
- Government Decree No. 491;
- Government Decree No. 354;
- Government Decree No. 290;
- legislative acts of the regions of the Russian Federation.
- Resolution No. 491 sets out the rules for determining tariffs for the maintenance and repair of housing depending on the method of managing the house, and also determines the composition of common property.
- Resolution No. 354 describes formulas for calculating rent , and local laws set tariffs for services and maintenance of an apartment building.
- Resolution No. 290 defines a list of necessary work that the management company must carry out in order to repair and maintain the house.
