Common property of an apartment building - what is it? Maintenance and repair of the common property of an apartment building

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Apartment buildings have a significant area related to common property. What is the specific use of it? How do citizens make decisions related to the maintenance of common property?

What is common property in a house?

In accordance with the legal acts adopted in the Russian Federation, the common property of an apartment building is a shared resource of the 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 that do not include apartments, as well as:

- objects used to serve several rooms in the house;

- landings;

- elevators;

- corridors;

- lofts;

- technical floors and basements;

- various engineering communications;

- roofs;

- structures that perform a protecting, bearing function;

- various types of equipment located inhouse outside apartments;

- the land where the house is located, the plants that are planted on it, the landscaping elements located on it.

The main regulations governing legal relations in this area are the Housing Code, as well as government decree No. 491 of August 13, 2006. In the general case, one should refer to the provisions of the Housing Code of the Russian Federation. In matters of the maintenance of the relevant facilities, one must read the already indicated government decree. The common property of an apartment building is characterized by a large number of nuances in terms of use and maintenance.

Let's study them.

Features of using common house resources

The owners of the respective premises use them in accordance with the federal legislation of the Russian Federation. Changing the size of the common property of the house is possible only with the consent of all owners of this infrastructure. In addition, it is possible to transfer the relevant premises to the ownership of other persons. The main thing is that in the implementation of such legal relations the criterion is observed - 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 facilities are located can be transferred for limited use to other persons. If prior to the adoption of legislation governing the use of common house resources, these sites have already been used by someone, access to them is notmay be prohibited. The new encumbrance of the object 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 maintenance of common house objects

Let's now study 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 in question jointly. The share of these costs attributable to a particular owner is determined based on the share in the common property owned by the person. Even if the owner of the apartment does not live in it, he still has to pay a fee for the maintenance of the common property in the apartment building. If a person does not use an elevator, for example, because he lives on the 1st floor, then he must pay for the corresponding element of the infrastructure of the residential facility.

The specific list of activities that make up the maintenance of common resources in the house depends on the characteristics of a particular residential facility, the climatic conditions in which it is located. As a rule, they include:

- periodic inspection of property, which is carried out by apartment owners and other responsible persons in order to identify shortcomings in the structure of the relevant objects;

- ensuring the functionality of power supply systems;

- cleaning and sanitationprocessing of premises, land on which the house is located;

- garbage and waste disposal resulting from the work of firms that use various rooms in the house;

- application of fire protection measures provided for by the legislation of the Russian Federation;

- caring for plants planted on the land adjacent to the house;

- maintenance of landscaping elements located in the respective territory;

- carrying out current repairs of facilities, preparing them 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 activities that form the maintenance 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;

- insulation of balconies;

- glass replacement;

- maintenance of land plots that are not included in the structure of common property, including planting plants on it.

These tasks are solved by the apartment owners.

Repairs are among the main activities carried out within the framework of the use of common property. It can be current and capital. Let's study its features.

Repair of common 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 objects in question. Capital repairs of common property inin an apartment building includes the replacement or reconstruction of individual elements of the residential infrastructure. It is also produced if the relevant facilities expire.

Current (as well as major) repairs of common property in an apartment building can be carried out by management companies if this obligation is established on them by decisions of the owners. Participation in these legal relations is the exclusive competence of apartment owners. Residents also set the scope and schedule for repairs to common resources in the home.

Note that management companies are required to perform current and urgent work necessary to maintain the functionality of the facilities, even if the agreement with the owners does not establish a specific list of relevant work. In order to finance these activities, apartment owners form a fund for the overhaul of the common property of apartment buildings. Consider its specifics.

Using the apartment owners' general cash fund

The fund in question is placed in a special account. It opens in a financial institution that has the competence to conduct relevant transactions. The funds placed in a separate account and belonging to the apartment owners are thus used to carry out the overhaul of resources.

Formation of the correspondingThe fund is carried out at the expense of contributions from tenants, as well as pen alties accrued on these amounts in the manner prescribed by law. In some cases, it is also possible for the bank to charge interest for placing funds on the account in question. The overhaul fund is distributed among apartment owners in proportion to the amount of their contributions.

The ownership of these funds belongs to the owner of a 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 en titled to use them for other purposes, except for the overhaul of common resources in the house.

Now let's study how the events are carried out, within the framework of which the owners establish the rules for maintaining common property in an apartment building. We are talking about meetings of the general meeting of apartment owners.

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 governing 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;

- supplementedoutbuildings for various purposes;

- repaired - including when using the overhaul fund.

At a meeting of the general meeting of apartment owners, decisions can be made:

- on the formation of the overhaul fund;

- on the amount of the overhaul contribution - relative to the minimum level;

- on the choice of a citizen who will open a special account of the relevant fund and carry out operations on this account;

- on the choice of a bank that will serve financial transactions related to settlements between apartment owners and service providers for the maintenance of common resources;

- about obtaining HOA, UK or other competent organization of loans for major repairs in the house;

- on issuing guarantees for such financial transactions;

- on the procedure for using the land plot adjacent to the house;

- about the use of objects included in the common resources of the house by third parties - for example, for the purpose of advertising;

- on the empowerment of persons participating in the signing of contracts for the use of objects;

- on the introduction of information systems within the framework of the interaction of apartment owners, as well as on the determination of persons en titled to use such technological solutions;

- on the procedure for financing the costs associated with the establishment of meetings with the participation of the Criminal Code, HOA or other competent organization;

- about the choice of home control mechanisms;

- on the need for ongoing repairsproperty.

Let's explore how the meetings in question can be conducted.

Forms and procedure for holding meetings of apartment owners

The activity in question can be held:

- in the form of in-person voting - when the owners attend it in person, discuss issues and make decisions on them;

- through absentee voting of residents - in the manner prescribed by the regulatory legal acts of the Russian Federation;

- mixed form.

Regulatory legal acts of the Russian Federation also established the procedure for holding the event in question. First of all, the law establishes the frequency with which meetings should be held to establish how the owners of the house use the common property of an 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 must be held once a year, unless otherwise prescribed by local regulations established by apartment owners. In addition to the main meeting of owners, extraordinary events may be held related to the discussion of various aspects of managing the house. They can be initiated by any citizen from among the apartment owners.

The general meeting of owners is recognized as legitimate if the quorum is met. 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 put up for discussionthe question, for example, of how the current repairs of common property in an apartment building should be carried out, on an extraordinary basis, then he must inform other residents of 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 must contain:

- information about the initiator of the extraordinary meeting of owners;

- data on the form of the meeting;

-date, place and time of the event;

- the main issues on the agenda of the meeting of owners;

- procedure for examining apartment owners with information to be considered at the meeting.

Apartment owners with 10% or more votes at meetings can apply to the Criminal Code or the HOA with a request to hold a general meeting. This appeal must be in writing and include agenda items. Within 45 days after receiving the relevant document, but no later than 10 days before the general meeting, the Criminal Code or the HOA 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 capital repair fund. The initiator of the relevant meeting may be the management company itself or the partnership of owners. At the same time, the agenda may includebe issues that are usually within the competence of the meeting of apartment owners.

Now let's look at how homeowner decisions are made.

Features of decision-making at meetings of homeowners

As we noted above, the implementation of activities related to the maintenance of common resources in the house is carried out based on the results of voting at the meeting of apartment owners. Appropriate decisions are made by the owners in the general case by a majority vote, but sometimes the support of two-thirds of the residents on a particular issue is required.

Features of voting at the meeting of apartment owners

It will be useful to study how the voting on the issues on the agenda in the respective meetings is carried out. For example, with regard to such procedures as the overhaul of the common property of apartment buildings or the expenditure of funds that are to be used for appropriate purposes. Voting at the meeting of apartment owners can be done 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 the common resources in the house. Information about the persons participating in the voting is recorded in the minutes of the meeting of the apartment owners.

The results of voting within the framework of the meeting of apartment owners are recorded in special protocols, which are official documents. Their compilation and applicationthe provisions contained therein may have legal implications.

Formulation of the results of the meeting of owners

Copies of the relevant protocols must be submitted by an authorized citizen to the Criminal Code, HOA or other competent organization within 10 days after the meeting of apartment owners. In turn, the Criminal Code, the HOA or another structure must send the protocol to the regulatory authorities within 5 days after receiving the noted document. If these government agencies receive 2 or more sources of the appropriate type for 3 consecutive months, then they must initiate an unscheduled inspection of the activities of citizens related to the management of the house. For example, if residents are actively discussing what services for maintaining the common property of an apartment building should form measures for the maintenance of the relevant facilities, then the competent state authorities can check how legal the actions of citizens are as part of 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. Tenants are informed about the results of the meeting of apartment owners within 10 days after the execution of the relevant document. As a rule - by placing on special stands. Minutes fixing the results of the meeting of apartment owners are kept in a place determined by the residents themselves. The minutes of the meeting of owners regulating how the common property of an apartment building should be used are sources of norms,mandatory for all tenants, provided that the issues considered on the agenda of the meeting were within the competence of the relevant building management body.

Decisions made after the meeting of apartment owners can be appealed by the owners of the apartment in court. For example, if one of the citizens was not satisfied with the way in which the procedure for spending funds on the repair of the common property of an apartment building was determined without his participation, or if he voted against and considers his rights violated. A person can apply to the court within 6 months from the date of familiarization with the decision of the meeting of the owners of the housing.

Thus, the common property of the owners in an apartment building should be used taking into account the interests of each tenant. He has the right to express them personally - at meetings of apartment owners or in court.