The list of works and services for routine repairs of common property in an apartment building is given in the following documents:
- Resolution of the State Construction Committee dated September 27, 2003 No. 170 “On approval of the Rules and Standards for the technical operation of the housing stock” - Appendix 7
- VSN 58-88 “Regulations on the organization and conduct of reconstruction, repair and maintenance of buildings, municipal and socio-cultural facilities” - in Appendix 7
Let us present these points of these regulatory documents.
What it is?
The phrase “maintenance and ongoing repairs of housing” has its own persistent meaning enshrined in legislation. Based on Article 1354 of the Housing Code of our country, you can find out what services are included in the maintenance and ongoing repairs of housing (read more about the legislation regulating ongoing repairs here).
Routine maintenance and repair of common property in an apartment building (AMD) is a list of necessary seasonal and other works , which are aimed at maintaining the house in an attractive and functional form, eliminating problems and shortcomings that prevent the owners from living in their apartments.
In addition, the management company or HOA, which carries out the maintenance and routine repairs of common property, must closely monitor the condition of the common property and prevent it from being damaged.
Is roof repair and door replacement a major or routine repair?
Is there a difference by type of work, i.e. Do the types of work differ between current repairs and major repairs?
Current repairs are periodically carried out work on the complete restoration or replacement of components and devices, or work on the partial restoration of basic structures and mechanisms. A major overhaul is a complete replacement of utility networks or building structures of a building or part of a structure. In this case, the reason for routine repairs is to eliminate external defects and prevent the situation from worsening. In the case of a major renovation, it is done when the building has become old, worn out and no longer performs its functions. Major repairs, for example, include replacing a leaking roof, and current repairs can include replacing decorative tiles in the bathroom.
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Regarding the replacement of windows and doors, certain circumstances should be taken into account: whether the windows and doors are completely or partially replaced; what is the degree of wear, etc. If the filling of window and door openings is completely replaced, then in this situation this refers to a major overhaul. Replacement of the fillings of doorways, restoration of individual elements of window, stained glass and showcase fillings, as well as partial replacement of the fillings of window and stained glass openings in the building are included in the current repair work.
List of works
Everyone understands that the current repair and maintenance of housing includes a certain list of actions.
But meanwhile, there is a regulatory legal act that lists all types of work, which includes the maintenance and ongoing repairs of residential premises.
The list is introduced to us by Government Decree No. 491 of August 13, 2006. In accordance with this act, the management company or HOA, as part of the supervision of the maintenance and repair of housing, must perform a number of actions.
Let's see what work is included in maintenance and current repairs , and what we pay for:
- Work on lighting of common property.
- Cleaning common areas in accordance with sanitary standards.
- Land works in areas near an apartment building (landscaping).
- Collection of household waste , as well as its removal independently or with the help of appropriate companies.
- fire safety measures .
- Ensuring that the premises maintain the legal temperature and humidity levels.
- Inspection of common premises in order to identify non-compliance with standards, as well as those that threaten the life, health and convenience of residents.
- Timely implementation of routine and planned repairs.
- Preparation for use of common property.
This is not a complete list of work that is included in the maintenance and current repairs of an apartment building, which should be carried out by your management company or HOA.
In the list you can find out in detail the nuances of carrying out maintenance and repair actions, as well as the conditions for completing the actions of the HOA or management company.
But sometimes the needs of residents of an apartment building exceed the limits established by law, and additional work is required. What to do in such situations?
Is it possible to request anything additional?
If residents have additional requests for work on the current maintenance and repair of the common property of the apartment building, for example, landscaping the entrance and subsequent care of flowers, frequent renewal of paint on the walls, and so on, the management company or HOA has the right to refuse citizens such a request.
The service organization is not obliged to carry out actions not included in the list of works on repair and maintenance of housing..
However, residents may hold a meeting where representatives of the service organization will be asked to take responsibility for any actions and carry them out as normal, for which residents will be charged a fee . Read more about who is involved in ongoing home repairs here.
If the majority of residents vote positively for this idea, then they can invite the HOA or management company to draw up an additional agreement , which will indicate additional terms of cooperation, as well as payment.
If, from the very beginning of moving into the house, the residents had additional requirements, which they found out at the general meeting, choosing the method of managing the house and voting for one or another organization, the conditions can be spelled out initially in the agreement between the owners and the company.
Find out how to force the management company to make repairs at the entrance. After reading the article, you will know whether the payment for major repairs is mandatory or voluntary.
Who is entitled to benefits on payment for major repairs? Read here who has the right to apply for compensation and subsidies.
Payment for current repairs of an apartment building
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According to Article 154 of the Housing Code of the Russian Federation, the composition of the payment for the maintenance of living space includes a contribution for the current repairs of an apartment building. At the same time, in accordance with Article 39 of the Housing Code of the Russian Federation, owners pay for the maintenance of their common property in proportion to their personal shares in the structure of common property. In this regard, they contribute:
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- payment for repairs (maintenance) of living space in an apartment building (if the building is managed by a management organization or directly by the owners of the premises);
- contributions and mandatory payments to the account of the HOA or specialized consumer cooperative. If apartment owners are not members of these organizations, then they pay a fee for the repair (maintenance) of the living space (including for the current repair of an apartment building) in accordance with the terms of agreements concluded with these organizations. This procedure is established by Article 155 of the RF Housing Code.
How often should I check?
Many residents are not interested in the cost of the services provided, but in the frequency of their implementation.
After all, often employees of utility organizations seek to deceive owners without wasting time and energy on performing one or another action.
Such cases are often argued by the lack of money, labor, or the fact that such work was recently carried out.
The frequency of repairs must be specified in the agreement between the residents and the management company (or HOA).
If the contract does not contain a corresponding clause that would be responsible for explaining the frequency of work carried out, then residents can use the table number 49, which is established by recommendations for standardizing the work of workers who work in the field of house maintenance.
Based on this table, we can give a number of examples that will clearly characterize the amount of work done.
- Removing dust from ceilings - 2 times a year.
- Window cleaning – 2 times a year.
- Staircases are washed daily.
- Sweeping of sites - daily.
- Wiping walls - 2 times a year, window sills - 1 time a month.
- Cleaning mailboxes – once a month.
As for carrying out repair actions, they are divided into seasonal, planned and necessary. Seasonal work should be carried out once a year , when the house is being prepared for the heating season or when it is stopped.
Planned repair work refers to current repairs and must be planned in an annual plan , which all owners of premises in an apartment building can familiarize residents with, as well as make adjustments at the meeting.
Necessary repairs are activities to eliminate problems that appeared spontaneously and require prompt intervention.
For example, a breakdown of communications and non-supply of water, gas or electricity to residents requires immediate elimination of the problems .
Every time you receive a payment document and see a line in it related to the maintenance and repair of your home, do not forget to remember the condition of your home in order to understand whether your money is being spent wisely.
Only the residents themselves can protect their rights if they have been treated unlawfully and demand that the work be performed in accordance with the contract.
On our website you will find other useful information, for example, how to draw up documents for routine repairs and how routine repairs of entrances are carried out.
A few more important points
What to do if you pay money but don’t receive some services?
For example, your management company or HOA does not carry out scheduled cleaning once a month, although it receives money for it. Carefully study the contract concluded with them and note those services that the management company ignores. If there are two or three of them, write a statement and ask for certain work to be carried out; if the majority is ignored, then you can immediately contact the housing inspectorate or the prosecutor’s office. When, after an audit, it turns out that the management company receives money for no reason, she will receive a fine. You can also return part of the money for unfulfilled services if you request a recalculation of payments.
Is it possible to reduce the payment for housing maintenance?
You can also try. Hold a meeting of owners with the participation of representatives of the management company or HOA: ask the latter to justify why the services cost exactly that much and list the work that they will actually carry out. You can refuse some services, but keep in mind that you will have to carry out this work yourself (for example, garbage removal will cost a pretty penny, and you will also need to look for the appropriate company). A collective complaint can help reduce unreasonably high prices for services.
What happens if you don’t pay for housing maintenance?
Nothing good. Apartment owners are required to pay for the maintenance of housing according to a receipt: this is stated in Article 158 of the Housing Code of the Russian Federation. If you stop paying for it, you will be charged penalties - the longer, the more. If you ignore the requirements of the management company or the HOA to pay the debt, you may be sued. True, you do not have the right to turn off utilities (provided that you pay for them), even if you have a debt for maintaining your home. If your water, gas or electricity is turned off, this is illegal, and you have the right to contact the prosecutor's office.
Three controversial points: do you need to pay for it?
- Payment for intercom. If it was installed on the initiative of the residents, but not by them personally, then the maintenance of the housing includes its installation and maintenance. If the residents themselves installed the system at their own expense, they certainly do not have to pay for it separately. The receipt simply cannot contain the line “payment and maintenance of the intercom.”
- Garbage removal. It cannot be a separate line in the receipt, like the intercom, since solid waste removal is included in the maintenance of housing (and, therefore, residents pay for it). If the owners refused to remove garbage and organized it themselves, then the amount of payments should be reduced.
- Seasonal work. This separate line should not be on the receipt either. Clearing the roof of snow, repairing gutters, etc. are included in the maintenance of housing - and, therefore, you pay for everything together. In addition, such seasonal work should be included in the list of services provided by your management company. If they are not there, but the Criminal Code still tries to list them separately on the receipt, it is worth filing a complaint against it.
Now you know what current repairs are and what work is related to housing maintenance. Carefully study the contract concluded with your management company and check whether everything in the specified list is true; if not, then do not be afraid to act and seek justice. Go for it - and everything will work out!
Preparation of “closing” documents
There are other differences too. For example, Article 720 of the Civil Code of the Russian Federation requires that the transfer of work results be documented in a separate document (act or other similar document). If this document is missing, then there is no reason to believe that the contractor has fulfilled his duties, and, therefore, he does not have the right to receive remuneration (resolution of the Arbitration Court of the Central District dated April 2, 2018 No. F10-551/2018 in case No. A84-228 /2017).
The service agreement, on the contrary, does not require the execution of any “closing” documents (resolution of the Arbitration Court of the Central District dated 04/09/18 No. F10-1299/2018 in case No. A23-140/2017). This means that the customer’s obligation to pay for services does not depend on whether the parties have drawn up an act (another similar document) or not. The opposite rule may be provided for in the contract itself (resolution of the Arbitration Court of the East Siberian District dated July 18, 2018 No. F02-3133/2018 in case No. A58-7306/2017).
Attention
The absence of “closing” documents corresponding to the actual type of contract can also result in tax problems for the customer.
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What risks arise?
In the event of incorrect attribution of completed work to a service, tax risks arise when expenses are written off to NU in full during the period of their implementation. This is further complicated by the fact that the controllers themselves - the Ministry of Finance and the Federal Tax Service - can qualify the same work or service differently:
- The Ministry of Finance in Letter dated 02/11/2009 N 03-03-06/1/50 expenses for activities not related to services under clause 5 of Art. 38 of the Tax Code of the Russian Federation (for example, for services for the repair of radio and television equipment) refers to direct expenses as expenses of the current period at a time and in full.
- Tax authorities think differently (Letter of the Federal Tax Service of the Russian Federation for Moscow dated January 11, 2009 N 19-12/000086): repair services for tax purposes are recognized as work. Therefore, it is impossible to attribute the amount of direct expenses incurred in the reporting (tax) period in full to the reduction of income from production and sales of this reporting (tax) period without distribution to the balances of work in progress.
It is necessary to take into account possible claims from tax authorities and the high risk that a one-time write-off of costs will be recognized as unlawful. It is possible that controllers will classify as a material result any paper issued to the customer as a result of a contract, for example, an appraiser’s report or an auditor’s report .
