What are the consequences of failure to pay for major repairs? What happens if you don’t pay contributions to the fund for capital repairs of an apartment building? What liability is provided, and is it legal to punish defaulters?

Surely many property owners are interested in how not to pay for major repairs. Property owners in an apartment building are required to pay for major repairs of the common area. According to legal measures, there are situations in which the payments in question can be eliminated. The law has several provisions according to which you can refuse major repairs using legal methods and not make payments if you do not have such an opportunity. To do this, you should pay attention to the provisions of Articles 39 and 169 of the RF Housing Code. According to them, you will be able to avoid paying part of the payment for major repairs or receive a complete exemption from the obligation in question.

Legislative regulation of issues regarding major repairs

The funds of the owners of apartments in an apartment building are used to carry out repairs in their own houses. This strategy was undertaken in 2012 . According to the changes, residents of the house pay state and municipal authorities, and they carry out major repairs in the house, which is under their authority.

Regulatory documentation relating to the issue under consideration is adopted in each region separately. It concerns the payment procedure, depositing the necessary funds, timing of repair work and more. At the regional level, such important circumstances as the minimum contribution rate are determined.

The money that was collected from property owners in an apartment building is transferred either to a special account opened specifically for this purpose. Or funds can be transferred to the account of a regional organization if the regional operator has created an account for major repairs of facilities. There is a scheme that is used by default. According to it, all money is transferred to the account of the regional structure, after which the money received is distributed properly. To issue a special account, it is necessary to hold a general meeting of TSN members.

What rights do owners have to carry out major repairs?

Some owners of apartments in an apartment building believe that they have the right not to pay for major repairs, but legal facts say the opposite. Therefore, the topic of whether it is necessary to pay for major repairs remains open. But in order to find the answer to this question, it is necessary to understand the remaining rights that the owners of an apartment in a high-rise building have, because the legal way to defend your rights begins with getting to know them.

If residents open an account for capital repairs of a building, they have the right to control how funds are received and where they are spent. If any repair work needs to be done, residents can get together on their own and determine where to spend the money. To do this, it is not necessary to wait until the regional operator decides everything for them.

Moreover, if residents notice that they regularly provide money, but repairs have not been carried out for a long time, even though the condition of the house leaves much to be desired, they may demand a report. It is enough for a meeting to be held where residents have the right to demand that TSN representatives provide all documents and statements about where the money provided to them goes. This is important because a home experiences constant wear and tear if it is used by many people, and this wear and tear must be compensated for by renovations carried out. In addition, the condition of the house affects the amount of payments. If they are too high and no work is being done, the situation needs to be dealt with.

Who is a regional operator?

A regional operator is an organization engaged in the creation of a specialized fund where money is legally used to carry out major repairs of a residential building. It is she who opens an account in one of the banks of the Russian Federation, where funds are deposited, the total amount of which is at least 20 billion rubles. But the regional operator not only deals with the issue of opening an account for major repairs, but also performs many other functions:

• act as a mediator in interaction with municipal authorities in the process of finding answers to organizational issues;
• monitor how contributions from citizens accumulate, and also ensure their legal discrepancy;
• carry out manipulations in the selection of contractors who will monitor construction work, monitor how lawfully the estimate is worked out, etc.;
• organize work properly within the time frame when it is really necessary, and also regulate it in accordance with the program established in the region;
• check how well the repair work is being carried out, and also make adjustments if the need arises.

At each stage of your work, post reports on the official website of the organization. This way, all interested parties can receive information that interests them. And to do its job even better, the regional operator must collaborate with residents and TSN, and also participate in meetings. In addition, it is the operator’s responsibility to notify residents about major repairs, their timing and other relevant information.

The procedure for calculating penalties for utilities

Penalties are penalties for violations of the procedure for paying utility bills and paying contributions for major repairs. The obligation to pay them occurs in two cases:

1. late payment
2. payment not in full

Payment of penalties is carried out in the same manner both for payment for premises and utilities, and for contributions for major repairs. The only difference is their size.

The amount of the penalty is one three-hundredth (1/300) or one hundred-thirtieth (1/130) of the refinancing rate of the Central Bank of the Russian Federation of the unpaid amount in effect on the day of payment. Considering that the refinancing rate has no independent meaning and is equal to the key rate, it would be correct to consider the penalty as one three hundredth of the key rate.

Penalties begin to accrue from the 31st day of late payment.

Moreover, their size cannot be more than 1/130 of the key rate of the amount unpaid on time for each day of delay.

What is included in a major home renovation?

Before you find out whether you should pay for major repairs, and whether there is a legal way not to do this, you need to find out what exactly you can get if you regularly pay the payments in question. Few people understand what a “major renovation” is. This concept means carrying out serious work on the common territory of the house, which should improve the condition of the house and its operating conditions.

Repair work that can be classified as “capital” includes the restoration of destroyed parts of the building or individual structures, facade, etc. Capital work also includes work on insulating the facade and internal walls, sealing seams between panels, and reconstructing the roof. Major repairs are considered to be repairs to the water supply and drainage systems.

Overhaul is the repair of an elevator or its replacement, work with utilities, as well as other complete or construction work. Using money for major repairs, the water supply, gas pipelines, electrical networks and more are replaced.

But even if your home does not currently need all the procedures in question, this does not mean that they will not be required in the future. And the legal way to get money is to make contributions, unless there is an application to cancel these payments. That is why contributions for major repairs should be accumulated constantly. This will eliminate the need to search for money when you really need it. Not all residents of a building can collect several million rubles in a short time to, for example, replace pipes. Making payments in advance significantly reduces the financial burden in the event of a serious breakdown. If you don’t pay, a debt will appear, and when the apartment is sold, this debt for major repairs will be transferred to the new owner of the apartment. Accordingly, in order to sell your property profitably, you must first get rid of debts.

In what cases is the payment for major repairs reduced?

It is legally possible not to pay for major repairs if the housing belongs to a certain type of real estate or if the owner himself is the holder of benefits. The following buildings will be exempt from payment:

• emergency apartment buildings, provided that they will be demolished in the near future;
• houses, the land under which is the property of the state and will be used by it to satisfy its goals;
• the house is a new building (in this case a deferment is provided, but not more than 3-5 years);
• the person living in the apartment is not its owner, but is here under a social tenancy agreement;
• the owner of the apartment is a 70-year-old pensioner and lives with the same pensioner (50% discount and full exemption if the pensioner turns 80);
• other beneficiaries, whose benefits are determined at the local level (Chernobyl victims, large families, etc.).

In order not to pay capital repair contributions, you must write an application and collect documents confirming the availability of the benefit and the legal way to use it. This can be done at the MFC or on the State Services portal.

Statute of limitations for penalties for utilities

The utility service provider may demand payment of penalties throughout the entire term of the contract and beyond in case of debt.

Another thing is that this debt can be collected within three years (3 years) . In this case, three years are calculated separately for each monthly payment. The statute of limitations for collecting penalties for utilities expires when the statute of limitations for collecting the principal amount of the utility payment, for the delay of which penalties were accrued, expires.

What subsidies are provided for low-income citizens?

Citizens who are classified as beneficiaries can receive compensation for payments already made to the capital repair account if they write a special application. Usually the amount is partially compensated and is in the range of 18%-20%. But for everything to go well, you need to draw up the application correctly and submit it on time.

The same story applies to submitting an application to cancel payments for major repairs. If you are included in the category of beneficiaries and can receive an exemption from the funds in question, it is necessary for the regional authorities to consider your case and make a decision. To do this, a document must be drawn up - an application for cancellation of payment. And in order to correctly draw up an application, you can use a sample of the document in question.

Who can punish?

What will happen to those who do not pay? Neither a meeting of residents, nor an HOA, nor even a management company can force a defaulter to make payments , much less impose a certain punishment on the violator.

This prerogative belongs to the state body of justice, namely the magistrate or district court, the instance is determined depending on the amount of the claim.

The court may use different types of penalties depending on what facts are relevant to the case and the amount of nonpayment.

Having familiarized ourselves with judicial practice, we have compiled a list of the most common types of influence on a citizen (in other words, punishments) which are aimed at restoring justice and repaying debt. Read about how to find out the debt and pay the fee for major repairs via the Internet, and how to get to your personal account on the website of the fund for major repairs.

What happens if you don’t pay for major repairs?

If there is no application for a legal cancellation of payments for major repairs, a person who does not pay on his own initiative may have problems. Because he has to make payments. If there are problems with the application and it was not satisfied and you do not pay, a penalty will be charged. Then it will be collected forcibly. Especially if the delay is long and legal proceedings have been held against the defaulter. Then they will not only collect the debt, but also block all accounts, property, etc. until the entire debt amount is covered.

You can get legal assistance on major repairs on our website.

Application for write-off of fines on rent

The utility service provider may decide to write off penalties. There may be legal grounds for this or an agreement with the utility organization (agreement).

An application can be written in the following cases:

1. The statute of limitations for obligations has expired
2. Debtor's bankruptcy
3. Purpose of restructuring (agreement with a utility company on debt repayment)
4. Private, personal reasons that prevented the fulfillment of the obligation to pay for utilities - illness, disaster, etc.
5. Disproportionality of penalties to the amount of debt
6. Incorrect calculation of penalties
7. Based on the above reasons, the penalty can be written off in whole or in part.
8. Suspension of accrual of penalties for utilities
9. During the period of coronavirus restrictive measures introduced throughout Russia, a Government Resolution banning the collection of penalties for utilities and major repairs came into force.

NOTE : also read additional tips on installment payments for utilities via the link on our website