Maintenance and repair of common property in an apartment building

Documents Statistics on documents and execution of orders

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

dated August 13, 2006 No. 491

Moscow

On approval of the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of payment for the maintenance of residential premises in the case of the provision of services for the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration

(As amended by Decrees of the Government of the Russian Federation dated 05/06/2011 No. 354, dated 04/03/2013 No. 290, dated 05/14/2013 No. 410, dated 03/26/2014 No. 230, dated 12/25/2015 No. 1434, dated 05/30/2016 No. 480 , from 07/09/2016 No. 649, from 12/26/2016 No. 1498, from 02/27/2017 No. 232, from 09/09/2017 No. 1091, from 03/27/2018 No. 331, from 09/13/2018 No. 1090, from 10/12/2018 No. 1221, from 15.12 .2018 No. 1572, dated November 23, 2019 No. 1498, dated June 29, 2020 No. 950)

In accordance with Articles 39 and 156 of the Housing Code of the Russian Federation, the Government of the Russian Federation decides:
1. Approve the attached:

Rules for maintaining common property in an apartment building;

Rules for changing the amount of payment for the maintenance of residential premises in the event of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration. (As amended by Decree of the Government of the Russian Federation dated December 26, 2016 No. 1498)

2. To recognize as invalid:

Decree of the Government of the Russian Federation of February 17, 2004 No. 89 “On approval of the Basic Principles of Pricing in the Sphere of Housing and Communal Services” (Collected Legislation of the Russian Federation, 2004, No. 8, Art. 671);

Decree of the Government of the Russian Federation of July 30, 2004 No. 392 “On the procedure and conditions for citizens to pay for housing and utilities” (Collected Legislation of the Russian Federation, 2004, No. 32, Art. 3339).

3. The Ministry of Regional Development of the Russian Federation shall approve, before October 1, 2006, regulations on the development, transfer, use and storage of operating instructions for an apartment building and making the necessary changes to it, the form of the said instructions, as well as methodological recommendations for its development and application.

4. The Ministry of Justice of the Russian Federation shall submit, in accordance with the established procedure, to the Government of the Russian Federation a draft resolution of the Government of the Russian Federation, providing for amendments to the Decree of the Government of the Russian Federation of February 18, 1998 No. 219 “On approval of the Rules for maintaining the Unified State Register of Rights to Real Estate and Transactions” with him”, concerning the procedure for entering into the Unified State Register of Rights to Real Estate and Transactions with It records of rights to real estate objects that are the common property of the owners of premises in an apartment building.

5. The Ministry of Economic Development and Trade of the Russian Federation shall approve, before October 1, 2006, the procedure for determining the composition of the common property of the owners of premises in an apartment building and the form of the technical accounting document for such property.

6. Establish that the effect of subparagraph “d” of paragraph 24 and paragraph 25 of the Rules for the maintenance of common property in an apartment building, approved by this resolution, applies to apartment buildings, permission for the commissioning of which was received after July 1, 2007.

7. Establish that:

the boundaries of separate land plots within which real estate objects are located, intended for electricity, heat, gas and water supply to the population and sanitation, as well as the boundaries of the zones of public easements within residential areas, microdistricts to ensure unhindered servicing of the specified property are established by the authorities local government until July 1, 2007;

the boundaries of blocks, microdistricts, public lands are determined by red lines in accordance with the urban planning, land and housing legislation of the Russian Federation, and state cadastral registration of land plots on which apartment buildings are located is provided, without charging fees to the owners of premises in an apartment building until July 1 2008

8. Establish that explanations on the application of the rules approved by this resolution are given by the Ministry of Construction and Housing and Communal Services of the Russian Federation. (As amended by Decree of the Government of the Russian Federation dated March 26, 2014 No. 230)

Chairman of the Government

Russian Federation M. Fradkov

APPROVED by Decree of the Government of the Russian Federation of August 13, 2006 No. 491

RULES for maintaining common property in an apartment building

(As amended by Decrees of the Government of the Russian Federation dated 05/06/2011 No. 354, dated 04/03/2013 No. 290, dated 05/14/2013 No. 410, dated 03/26/2014 No. 230, dated 12/25/2015 No. 1434, dated 05/30/2016 No. 480 , from 07/09/2016 No. 649, from 02/27/2017 No. 232, from 09/09/2017 No. 1091, from 03/27/2018 No. 331, from 09/13/2018 No. 1090, from 12/15/2018 No. 1572, from 11/23/2019 No. 1498, from 29.06 .2020 No. 950)

These Rules regulate relations regarding the maintenance of common property owned by the right of common shared ownership to the owners of premises in an apartment building (hereinafter referred to as the common property).

I. Determination of the composition of common property

1. The composition of common property is determined:

a) owners of premises in an apartment building (hereinafter referred to as the owners of premises) - in order to fulfill the obligation to maintain common property;

b) government bodies - for the purpose of monitoring the maintenance of common property;

c) local government bodies - for the purpose of preparing and holding an open competition for the selection of a management organization in accordance with Part 4 of Article 161 of the Housing Code of the Russian Federation.

2. The composition of common property includes:

a) premises in an apartment building that are not parts of apartments and are intended to serve more than one residential and (or) non-residential premises in this apartment building (hereinafter referred to as common areas), including inter-apartment landings, stairs, elevators, elevators and others shafts, corridors, strollers, attics, technical floors (including built-in garages and areas for motor transport, workshops, technical attics built at the expense of the owners of the premises) and technical basements in which there are utilities, garbage collection chambers, garbage chutes, other services serving more than one residential and (or) non-residential premises in an apartment building equipment (including boiler rooms, boiler rooms, elevator units and other engineering equipment); (As amended by Decree of the Government of the Russian Federation dated February 27, 2017 No. 232)

b) roofs;

c) enclosing load-bearing structures of an apartment building (including foundations, load-bearing walls, floor slabs, balcony and other slabs, load-bearing columns and other enclosing load-bearing structures);

d) enclosing non-load-bearing structures of an apartment building serving more than one residential and (or) non-residential premises (including windows and doors of common areas, railings, parapets and other enclosing non-load-bearing structures);

e) mechanical, electrical, sanitary and other equipment, including structures and (or) other equipment designed to ensure unimpeded access for people with disabilities to the premises of an apartment building (hereinafter referred to as equipment for people with disabilities and other low-mobility groups), located in an apartment building house outside or inside the premises and serving more than one residential and (or) non-residential premises (apartment); (As amended by Decree of the Government of the Russian Federation dated 07/09/2016 No. 649)

f) a land plot on which an apartment building is located and the boundaries of which are determined on the basis of state cadastral registration data, with elements of landscaping and landscaping;

e1) automated information-measuring systems for accounting for the consumption of utility resources and services, including a set of measuring systems (metering devices, data collection and transmission devices, software products for collecting, storing and transmitting metering data), in cases where they are installed at the expense of the owners premises in an apartment building, including as part of the performance of the obligation to install metering devices in accordance with the requirements of the Federal Law “On Energy Saving and Improving Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation”; (Added by Decree of the Government of the Russian Federation dated December 26, 2016 No. 1498)

g) other facilities intended for the maintenance, operation and improvement of an apartment building, including transformer substations, heating points intended to serve one apartment building, collective parking lots, garages, children's and sports grounds located within the boundaries of the land plot on which the apartment building is located .

3. When determining the composition of common property, information on rights to real estate objects that are common property contained in the Unified State Register of Rights to Real Estate and Transactions with It (hereinafter referred to as the Register), as well as information contained in the state land cadastre, is used.

4. In the event of a discrepancy (contradiction) in information about the composition of common property contained in the Register, documentation of state technical accounting, accounting of managers or other organizations, technical documentation for an apartment building, the information contained in the Register takes precedence.

5. The common property includes in-house engineering cold and hot water supply systems, consisting of risers, branches from the risers to the first shut-off device located on the branches from the risers, the specified shut-off devices, collective (common house) cold and hot water metering devices, first shut-off devices - control valves on the outlets of intra-apartment wiring from risers, as well as mechanical, electrical, sanitary and other equipment located on these networks. (As amended by Decree of the Government of the Russian Federation dated May 14, 2013 No. 410)

The common property includes an in-house engineering drainage system, consisting of sewer outlets, fittings (including bends, transitions, pipes, revisions, crosses, tees), risers, plugs, exhaust pipes, drainage funnels, clearings, branches from risers to first butt connections, as well as other equipment located in this system. (Added by Decree of the Government of the Russian Federation dated May 6, 2011 No. 354)

The common property includes an in-house engineering gas supply system, consisting of gas pipelines laid from a gas source (when using liquefied petroleum gas) or the point of connection of these gas pipelines to the gas distribution network up to and including shut-off valves (taps), located on branches (drops) to the in-house gas supply equipment, tank and (or) group cylinder installations of liquefied hydrocarbon gases intended for supplying gas to one apartment building, gas-using equipment (with the exception of household gas-using equipment included in the internal gas equipment), technical devices on gas pipelines, including regulating and safety valves, gas control systems for premises, collective (common house) gas meters, as well as gas meters that record the volume of gas used in the production of utility services for heating and (or) hot water supply. (As amended by Decrees of the Government of the Russian Federation dated May 14, 2013 No. 410; dated September 9, 2017 No. 1091)

6. The common property includes an intra-house heating system, consisting of risers, heating elements, control and shut-off valves, collective (common house) heat energy metering devices, as well as other equipment located on these networks.

7. The common property includes an in-house power supply system, consisting of incoming cabinets, input distribution devices, protection, monitoring and control equipment, collective (common house) electricity metering devices, floor panels and cabinets, lighting installations in common areas, electrical installations smoke removal systems, automatic fire alarm systems of internal fire water supply, freight, passenger and fire elevators, automatically locking devices for the entrance doors of an apartment building, networks (cables) from the external border established in accordance with paragraph 8 of these Rules to individual, common (apartment) electrical energy metering devices, as well as other electrical equipment located on these networks.

The common property does not include an intelligent electrical energy (power) metering system, including collective (common house) electrical energy metering devices that provide the possibility of their connection to intelligent electrical energy (power) metering systems; the obligation to purchase, install, replace, and authorize commissioning, as well as subsequent operation of which is entrusted to the guaranteeing suppliers of electrical energy in accordance with the Federal Law “On Electric Power Industry”. (Added from July 1, 2021 - Decree of the Government of the Russian Federation dated June 29, 2020 No. 950)

8. The outer boundary of electricity, heat, water supply and sewerage networks, information and telecommunication networks (including wired radio broadcasting networks, cable television, fiber optic networks, telephone lines and other similar networks) included in the common property, unless otherwise is not established by the legislation of the Russian Federation, is the outer boundary of the wall of an apartment building, and the limit of operational responsibility in the presence of a collective (common building) metering device for the corresponding communal resource, unless otherwise established by agreement of the owners of the premises with the utility provider or resource supply organization, is the connection point of the collective (common building) ) metering device with the corresponding utility network included in the apartment building.

9. The outer boundary of the gas supply networks that are part of the common property is the point of connection of the first shut-off device with the external gas distribution network.

I1. Requirements in accordance with which a list of property is determined that is intended for joint use by owners of premises in several apartment buildings

The list of property that is intended for joint use by owners of premises in several apartment buildings who have decided to create a homeowners’ association in accordance with paragraph 1 of part 2 of Article 136 of the Housing Code of the Russian Federation may include common property in respect of which the decision provided for in paragraph 3 parts 2 article 44 of the Housing Code of the Russian Federation, namely:

a) common property specified in subparagraphs “e” and “g” of paragraph 2 of these Rules;

b) common property, if such property meets any of the following requirements:

joint use of common property is permitted by the design documentation in accordance with which the construction, reconstruction, major repairs of such houses were carried out, or by the technical documentation for these houses;

ensuring the operability of the common property in one apartment building from among such buildings is achieved subject to connection (technological connection) to the common property in another apartment building from among the specified buildings - for engineering systems, equipment, devices.

(As of July 1, 2016, the section has been supplemented - Decree of the Government of the Russian Federation dated May 30, 2016 No. 480)

II. Requirements for the maintenance of common property

10. Common property must be maintained in accordance with the requirements of the legislation of the Russian Federation (including on sanitary and epidemiological welfare of the population, technical regulation, protection of consumer rights) in a condition that ensures:

a) compliance with the reliability and safety characteristics of an apartment building;

b) safety for the life and health of citizens, safety of property of individuals or legal entities, state, municipal and other property;

c) accessibility of use of residential and (or) non-residential premises, common areas, as well as the land plot on which the apartment building is located, including for disabled people and other groups of the population with limited mobility; (As amended by Decree of the Government of the Russian Federation dated 07/09/2016 No. 649)

d) compliance with the rights and legitimate interests of premises owners, as well as other persons;

e) constant readiness of utilities, metering devices and other equipment included in the common property for the provision of utilities (supply of utility resources) to citizens living in an apartment building, in accordance with the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings (hereinafter referred to as the Rules for the provision of utility services); (As amended by Decree of the Government of the Russian Federation dated December 26, 2016 No. 1498)

f) maintaining the architectural appearance of an apartment building in accordance with the design documentation for the construction or reconstruction of an apartment building;

g) compliance with the requirements of the legislation of the Russian Federation on energy saving and increasing energy efficiency. (Added by Decree of the Government of the Russian Federation dated May 6, 2011 No. 354)

11. The maintenance of common property, depending on the composition, design features, degree of physical wear and tear and technical condition of the common property, as well as depending on the geodetic and climatic conditions of the location of the apartment building, includes:

a) inspection of common property carried out by the owners of premises and the responsible persons specified in paragraph 13 of these Rules, ensuring timely identification of non-compliance of the condition of common property with the requirements of the legislation of the Russian Federation, as well as threats to the safety of life and health of citizens;

b) ensuring the readiness of in-house engineering power supply systems and electrical equipment that are part of the common property for the provision of public electricity supply services; (As amended by Decree of the Government of the Russian Federation dated May 6, 2011 No. 354)

c) maintaining the premises that are part of the common property in a condition that ensures the temperature and humidity in such premises established by the legislation of the Russian Federation, including by constantly maintaining open air throughout the entire calendar year for the premises of basements and technical underground areas included in composition of common property, if there are vents in such premises; (As amended by Decree of the Government of the Russian Federation dated November 23, 2019 No. 1498)

d) cleaning and sanitary cleaning of common areas, as well as the land plot included in the common property;

e) collection and removal of liquid household waste, including waste generated as a result of the activities of organizations and individual entrepreneurs using non-residential (built-in and attached) premises in an apartment building; (As amended by the Decree of the Government of the Russian Federation dated February 27, 2020

In accordance with Article 161 of the Housing Code of the Russian Federation, the management of an apartment building must ensure favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building, resolving issues regarding the use of said property, as well as the provision of utilities to citizens living in such a building, or in cases provided for Article 157.2 of the Housing Code of the Russian Federation, the constant readiness of utilities and other equipment that are part of the common property of the owners of premises in an apartment building for the provision of utilities.

Proper maintenance of the common property of the owners of premises in an apartment building must be carried out in accordance with the requirements of the legislation of the Russian Federation, including in the field of ensuring the sanitary and epidemiological well-being of the population, on technical regulation, fire safety, and consumer protection.

In accordance with the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation dated August 13, 2006 No. 491 (hereinafter referred to as Rules No. 491), the common property in an apartment building must be maintained in a condition that ensures:

— compliance with the reliability and safety characteristics of an apartment building;

— safety for the life and health of citizens, safety of property of individuals or legal entities, state, municipal and other property;

— accessibility of use of residential and (or) non-residential premises, common areas, as well as the land plot on which the apartment building is located, including for people with disabilities and other groups of the population with limited mobility;

— compliance with the rights and legitimate interests of premises owners, as well as other persons;

— constant readiness of utilities, metering devices and other equipment included in the common property for the provision of utilities (supply of utility resources) to citizens living in an apartment building, in accordance with the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings houses;

— maintaining the architectural appearance of an apartment building in accordance with the design documentation for the construction or reconstruction of an apartment building;

— compliance with the requirements of the legislation of the Russian Federation on energy saving and increasing energy efficiency.

Proper maintenance of common property, depending on the method of managing an apartment building, is ensured by:

1. Owners of premises in the apartment building:

-by concluding a management agreement for an apartment building with a management organization (part 5 of Article 161 and Article 162 of the Housing Code of the Russian Federation);

- by concluding an agreement on the maintenance and repair of common property with persons providing services and (or) performing work (with direct management of an apartment building) (Article 164 of the Housing Code of the Russian Federation);

2. HOA, housing cooperative, residential complex (when managing an apartment building):

- through membership of premises owners in these organizations (Sections V and VI of the RF Housing Code);

3. Developer (person providing construction of an apartment building)

- in relation to premises in this building that were not transferred to other persons under a transfer deed or other transfer document, from the moment of issuing permission to put the apartment building into operation:

— independently (when the developer manages an apartment building without concluding a management agreement for such a building with the management organization);

— by concluding a management agreement for an apartment building with a management organization (part 14 of article 161 of the Housing Code of the Russian Federation);

4. The person who accepted the premises from the developer under the transfer deed or other transfer document (the person providing the construction of the apartment building) after issuing permission to put the apartment building into operation:

— by concluding a management agreement for an apartment building with a management organization (Part 13 of Article 161 of the Housing Code of the Russian Federation).

The maintenance of common property , depending on the composition, design features, degree of physical wear and tear and technical condition of the common property, as well as depending on the geodetic and climatic conditions of the location of the apartment building, includes :

— inspection of common property, ensuring timely identification of non-compliance of the condition of common property with the requirements of the legislation of the Russian Federation, as well as threats to the safety of life and health of citizens;

— ensuring the readiness of in-house engineering power supply systems and electrical equipment that are part of the common property to provide public electricity supply services;

- maintaining the premises that are part of the common property in a condition that ensures the temperature and humidity in such premises established by the legislation of the Russian Federation, including by constantly maintaining open air throughout the entire calendar year for the premises of basements and technical underground areas that are part of the common property property, if there are vents in such premises;

- cleaning and sanitary cleaning of common areas, as well as the land plot included in the common property;

— collection and removal of liquid household waste, including waste generated as a result of the activities of organizations and individual entrepreneurs using non-residential (built-in and attached) premises in an apartment building;

— organization of places for the accumulation and accumulation of waste mercury-containing lamps and their transfer to specialized organizations that have licenses to carry out activities for the collection, use, neutralization, transportation, disposal of waste of I - IV hazard classes;

— work on the maintenance of places (sites) for accumulation of MSW in accordance with established requirements. The specified work does not include cleaning of MSW loading areas.

— fire safety measures in accordance with the legislation of the Russian Federation on fire safety;

- maintenance and care of landscaping and landscaping elements, as well as other objects intended for the maintenance, operation and improvement of this apartment building located on a land plot that is part of the common property;

- current and major repairs, preparation for seasonal operation and maintenance of common property, as well as improvement elements and other objects intended for the maintenance, operation and improvement of this apartment building, located on a land plot that is part of the common property;

— carrying out mandatory energy saving and energy efficiency measures in relation to common property, included in the list of measures approved in accordance with the procedure established by the legislation of the Russian Federation;

— ensuring the installation and commissioning of collective (common house) metering devices for cold and hot water, thermal and electrical energy, natural gas, as well as their proper operation (inspections, maintenance, verification of metering devices, etc.), except in cases when the responsibility for installation and commissioning of electrical energy metering devices is assigned to the guaranteeing supplier in accordance with the Federal Law “On Electric Power Industry”;

- purchase of cold water, hot water, electrical energy consumed during the maintenance of common property in an apartment building, as well as the disposal of wastewater for the purpose of maintaining common property in such a building, provided that the design features of the apartment building provide for the possibility of such consumption and disposal.

Services and works do not include:

a) maintenance and repair of doors to apartments, doors and windows located inside residential or non-residential premises that are not public premises;

b) insulation of window and balcony openings, replacement of broken glass windows and balcony doors, insulation of entrance doors in apartments and non-residential premises that are not common areas;

c) cleaning and cleaning of land plots that are not part of the common property, as well as landscaping and care of landscaping elements (including lawns, flower beds, trees and shrubs) located on land plots that are not part of the common property. These actions are carried out by the owners of the relevant land plots.

The minimum list of services and work necessary to ensure proper maintenance of common property in an apartment building and the Rules for the provision of services and performance of work necessary to ensure proper maintenance of common property in an apartment building were approved by Decree of the Government of the Russian Federation dated April 3, 2013 No. 290.

The minimum list of services and works includes the following types of work:

I. Work necessary for the proper maintenance of load-bearing structures (foundations, walls, columns and pillars, floors and coverings, beams, crossbars, stairs, load-bearing elements of roofs) and non-load-bearing structures (partitions, interior decoration, floors) of apartment buildings;

II. Work necessary for the proper maintenance of equipment and engineering support systems that are part of the common property in an apartment building;

III. Work and services for the maintenance of other common property in an apartment building.

Carrying out work to maintain in proper technical condition the systems of intra-house gas equipment, elevator facilities and fire protection systems of an apartment building, provided for in the list of services and works, is carried out by specialized organizations.

This list of services and works, the frequency of their provision and implementation are determined and reflected depending on the chosen and implemented method of managing an apartment building:

- in the decision of the general meeting of owners of premises in an apartment building - if the management of the apartment building is carried out directly by the owners of premises in the apartment building;

- in the management agreement for an apartment building - if, in accordance with the established procedure, the management organization has chosen the method of managing the apartment building;

- in the manner determined by the charter of the partnership or cooperative, - in the event that the management of common property in an apartment building is carried out directly by the HOA, housing complex, housing cooperative;

- in the decision of the developer - in the case provided for in Part 14 of Art. 161 Housing Code of the Russian Federation, if the developer directly manages the apartment building.

The list of services and works for each apartment building is determined taking into account:

— structural elements of an apartment building, including structures and (or) other equipment designed to ensure accessibility conditions for the premises of an apartment building for disabled people;

— the presence and composition of in-house engineering systems that ensure the provision of utility services to consumers of the types that can be provided using such in-house engineering systems;

- the presence of a land plot on which an apartment building is located, with elements of landscaping and landscaping, and other objects intended for the maintenance and operation of this house;

— geodetic and natural-climatic conditions of the location of the apartment building.

The frequency of provision of services and performance of work provided for in the list of services and work is determined taking into account the requirements established by the legislation of the Russian Federation. By decision of the owners of premises in an apartment building, a more frequent frequency of provision of services and performance of work may be established than provided for by the legislation of the Russian Federation.

Based on Decree of the Government of the Russian Federation dated May 15, 2013 No. 416, in order to ensure the provision of services and performance of work provided for in the list of services and works, persons responsible for the maintenance and repair of common property in an apartment building are obliged to:

— ensure the operation of the emergency dispatch service;

— maintain and store technical documentation for an apartment building in the manner prescribed by the legislation of the Russian Federation;

— timely conclude contracts for the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building with third-party organizations, including specialized ones, if the persons responsible for the maintenance and repair of common property in an apartment building do not provide such services and do not perform such work on their own, as well as monitor the fulfillment by these organizations of obligations under such contracts;

- prepare proposals for the implementation of planned routine work on the maintenance and repair of common property in an apartment building, as well as proposals for major repairs, including based on the results of inspections of common property in an apartment building, and bring them to the attention of the owners of premises in an apartment building in the manner established by the housing legislation of the Russian Federation;

— organize work on calculating and collecting fees for the maintenance and repair of residential premises;

— organize work to collect debts for payment of residential premises;

— provide consumers of services and work, including owners of premises in an apartment building, with information related to the provision of services and performance of work provided for in the list of services and work, the disclosure of which is mandatory in accordance with the legislation of the Russian Federation.

To prepare a list of necessary services and work for the maintenance and repair of a house, you must:

— obtain (collect) all the necessary information about the common property in an apartment building (the composition of the common property with the necessary qualitative and quantitative characteristics);

— inspect all parts of the common property in order to assess their condition;

— for each part of the common property, draw up a list of necessary works (services) to maintain in proper technical and (or) sanitary condition.

In order to compile a list of necessary work on its content, information is required about the actual condition of all elements of the common property: does it meet the mandatory requirements of reliability and safety, does the element of the common property only need to maintain the existing condition (that is, preventive maintenance) or is repair required ( current or capital) or replacement.

Inspection of common property, ensuring timely detection of non-compliance of the condition of common property with the requirements of the legislation of the Russian Federation, as well as threats to the safety of life and health of citizens, is an integral part of the maintenance of common property and, according to the law, when managing a house, “management of a management organization” is the responsibility of the management organization. Carrying out an inspection of common property to assess compliance of its condition with legal requirements should be included in the list of services and work performed by the management organization under the management agreement for an apartment building. If this service of the management organization is specified in the management agreement, the management organization must have an inspection report of all elements of the common property.

Inspections of common property are divided into:

1) routine inspections:

- general, during which an inspection of all common property is carried out;

— partial, during which an inspection of elements of common property is carried out.

General and partial inspections are carried out within the time limits recommended in the technical documentation for an apartment building and ensuring proper maintenance of the common property, including depending on the materials used to manufacture the elements of the common property.

2) seasonal inspections are carried out twice a year:

— spring inspection is carried out after the snow melts or the end of the heating season in order to identify damage to common property that occurred during the winter period. At the same time, the scope of work for current repairs is clarified;

— an autumn inspection is carried out before the onset of the heating season in order to check the readiness of an apartment building for operation during the heating season.

3) extraordinary inspections are carried out within one day after an accident, a dangerous natural process or phenomenon, a catastrophe, a natural or other disaster has occurred.

A detailed description of the common property with qualitative and quantitative characteristics, as well as an assessment of the actual condition of all elements of the common property is the basis for planning the necessary services and work on the maintenance and repair of the common property.

Once the necessary information about the common property has been obtained, you can begin to compile a list of all the works and services necessary to ensure the proper condition of the common property.

Information on the provision of services and performance of work provided for in the list of services and work is reflected in acts drawn up in the form established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of construction, architecture, urban planning and housing and communal services. , and are an integral part of the technical documentation of an apartment building.

An approximate list of works and services for the maintenance of common property in an apartment building and their frequency are given in the Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170 “On approval of the Rules and Standards for the Technical Operation of the Housing Stock” and the Moscow standards for the operation of the housing stock (ZHM).

State control over the maintenance of common property is carried out by federal executive authorities and executive authorities of the constituent entities of the Russian Federation within the limits of their competence. In the city of Moscow, such functions are assigned to the State Housing Inspectorate of the City of Moscow (Moszhilinspektsiya).

Maintenance of common property of an apartment building

Article published: November 10, 2012

Currently, the issues of maintaining the common property of a residential building, especially financing and operation of the housing stock through homeowners' associations (hereinafter referred to as HOAs), are becoming increasingly relevant. The relative novelty of this method of managing the residential and non-residential stock of apartment buildings (hereinafter referred to as MKD) and the lack of elaboration of this issue in the legislation lead both to a misunderstanding by owners of the process of organizing financing from their funds, and to misconceptions and even abuses on the part of HOA officials.

As a result, HOA issues began to appear in court schedules with enviable regularity. At the same time, the number of claims of the HOA against the owners for the recovery of funds from them and the claims of the owners against the HOA for the illegality of high charges for the maintenance of the common property of an apartment building are almost equal to each other.

This article is an attempt to develop a principled approach to the problem as a whole. Perhaps this view, which is called “from the outside,” will help both owners and HOA administrations when making decisions in their mutual disputes.

How does modern Russian legislation regulate the maintenance of common property of a residential building?

In accordance with Article 249 of the Civil Code of the Russian Federation, Articles 39, 158 of the Housing Code of the Russian Federation, owners of premises in an apartment building bear the burden of expenses for maintaining the common property of an apartment building

. The share of mandatory expenses for the maintenance of common property in an apartment building, the burden of which is borne by the owner of the premises in such a house, is determined by the share in the right of common ownership of the common property in such a house of the specified owner.

The resolution of the Constitutional Court of the Russian Federation dated April 3, 1998 N 10-P states that the refusal of some homeowners to become members of the homeowners’ association does not exempt

them from participating in the necessary expenses associated with the management of the condominium for the purpose of maintaining the common property of the residential building and its operation.

It should be taken into account that it is impossible to physically allocate part of the common property belonging to premises owners who are not members of the HOA. The statutory responsibilities of the HOA are the operation and repair of the entire house, and not any part of it owned by the members of the partnership, as emphasized in the Resolution of the FAS of the Volga District dated November 1, 2007 in case No. A57-17/07-26.

Rules for the maintenance of common property in an apartment building are established by the Government of the Russian Federation

. By virtue of paragraph 33 of these Rules (approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491), the amount of mandatory payments and (or) contributions associated with the payment of expenses for the maintenance and repair of common property, if the apartment building is managed by a homeowners’ association, approved by a decision of the general meeting of members of the partnership and is mandatory both for members of the partnership and for owners of premises in an apartment building who are not members of the partnership. Moreover, according to clause 28 of these Rules, the owners of premises are obliged to bear the burden of expenses for maintaining the common property of an apartment building in proportion to their shares in the right of common ownership of this property by paying a fee for the maintenance and repair of residential premises in an apartment building.

For owners of premises who are not members of the HOA, the governing bodies of the HOA establish a fee for maintenance and repairs in an amount that exclusively ensures the maintenance of the common property in the apartment building. These cannot include the costs of paying for yard security (especially if they actually hide paid parking services), and the actions of the HOA to provide yard security services without the consent of the consumer are unlawful (see, for example, the cassation ruling of the Constitutional Court of the Penza Regional Court dated 23.08. 2011 N 33-2226).

The implementation of this responsibility of the owners depends on the chosen method of managing the house. As explained in paragraphs 16 and 28 of the Rules for the maintenance of common property, if the management of an apartment building is carried out through the creation of an HOA, then the proper maintenance of the common property is ensured by the partnership:

— through membership of premises owners in the HOA. At the same time, members of the HOA make mandatory payments and contributions in accordance with paragraphs. 1 item 2 art. 151 and paragraph 5 of Art. 155 Housing Code of the Russian Federation;

- by concluding agreements with the HOA for the maintenance and repair of common property by the owners of premises who have not entered into a partnership. Under these agreements, the owners pay a fee for the maintenance and repair of the common property of an apartment building in accordance with clause 6 of Art. 155 Housing Code of the Russian Federation.

Determining the amount of payment for repairs and maintenance of common property of a residential building

The amount of mandatory payments and contributions for the maintenance and repair of common property for members of the HOA, as well as the amount of fees for maintenance and repairs for owners of premises who are not members of the HOA, are determined by the governing bodies of the HOA based on the approved estimate of income and expenses for the maintenance of common property for the corresponding year (clause 33 of the Rules for the maintenance of common property).

According to clause 2.2 of the Recommendations for the organization of financial and accounting for homeowners' associations (approved by Order of the State Construction Committee of Russia dated July 14, 1997 N 17-45; approved by letter of the Ministry of Finance of Russia dated April 14, 1697 N 16-00-16-74), the main element of financial planning is the preparation of the Partnership's annual budget - estimates of income and expenses. It has been established that the initial data for drawing up the budget, in particular, is the budget of previous years (for 1-3 years) and its implementation. When drawing up estimates, it is necessary to take into account the number of people entitled to housing benefits, the level of inflation, the regularity of receipt of budget subsidies for the maintenance and repair of housing stock and subsidies for housing and utilities, etc.

The activities of the HOA are non-commercial in nature and do not imply intermediary remuneration, and utility payments received by the partnership from the owners do not form income from sales. For example, FAS VSO in Resolution No. A33-19227/06-F02-1848/07 dated 05/07/2007 noted that the obligation to provide the owners of premises with utilities is implemented through the transit transfer of payments. In other words, the HOA acts as an intermediary between resource-supplying organizations and consumers of services. That is, the amount of payment by owners should not exceed the expenses of the HOA for the corresponding cost items.

Any expenses of the HOA that are subject to reimbursement by homeowners must be documented and economically justified, and the fundamental document when resolving disputes between the HOA and owners about the amount of fees must be an estimate of income and expenses, drawn up in compliance with the above principles and duly approved by the meeting of HOA members.

Analysis of the legality of expenses included in the maintenance of the common property of a residential building, using the example of an HOA estimate

So, we have developed a principled approach to the problem. Let's try to use it to analyze the imaginary estimate of the HOA.

— Salary costs are determined in accordance with the approved staffing table. The rate of contributions to social funds and their amount are determined correctly. However, the staffing table is not the final confirmation of the costs incurred to pay wages. Valid confirmation of these costs are settlement and payroll statements for the calculation and payment of wages, reporting to social funds. Only if there is such confirmation are they documented.

— Security costs are determined in the estimate in accordance with the agreement with the private security company. However, as already indicated, the actions of the HOA to provide security services, for example, to the yard and cars located on the territory of the HOA and to include the cost of these services in the mandatory contribution tariff without the consent of the consumer, are unlawful. It is not clear from the terms of the agreement what part of the cost of services falls specifically on the protection of the common property of all owners of an apartment building, since the agreement also provides for the protection of the territory and the vehicles located on it. Thus, the inclusion of the entire amount of security costs in the estimate is not documented.

— Costs for hot water supply (a conditional example: this could be any other expense item) are stated in the estimate in an amount exceeding both the costs of previous years and the parameters of the contract with the energy supply organization by 20%. These costs cannot be considered justified.

— Contingencies are set arbitrarily. Their amount is not approved by the meeting of HOA members as, for example, a certain percentage of the total cost and, therefore, seems unreasonable.

— The estimate fully includes the cost of maintaining car lifts in a multi-level garage. This equipment does not belong to the common property of the owners and the inclusion of the costs of its operation in the estimate is not justified.

In this way, the fundamental approach to the problem, developed at the beginning of our article, allows you to determine your attitude to certain issues of HOA financing.

List of used literature:

1. Housing Code of the Russian Federation dated December 29, 2004 N 188-FZ.

2. Rules for the maintenance of common property in an apartment building (approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491).

3. Civil Code of the Russian Federation (Civil Code of the Russian Federation).

4. Resolution of the Constitutional Court of the Russian Federation dated April 3, 1998;

5. Cassation ruling of the Constitutional Court of the Penza Regional Court dated August 23, 2011 No. 33-2226.

6. Resolution of the Federal Antimonopoly Service of the Volga District dated November 1, 2007 in case No. A57-17/07-26.

7. Cassation ruling of the Constitutional Court of the Penza Regional Court dated August 23, 2011 No. 33-2226.

8. Recommendations for organizing financial and accounting records for homeowners’ associations (approved by Order of the State Construction Committee of Russia dated July 14, 1997 N 17-45; approved by letter of the Ministry of Finance of Russia dated April 14, 1997 N 16-00-16-74).

9. Resolution of the Federal Antimonopoly Service of the East Siberian District dated 05/07/2007 N A33-19227/06-F02-1848/07.

Accounting

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Management of common property in apartment buildings

Find out what forms of management of an apartment building exist and which one is right for you.

In order for the living conditions of citizens to be favorable and safe, the common property of the owners of an apartment building to be maintained in proper condition and the uninterrupted supply of utilities to residents to be ensured, competent management is required.

In accordance with housing legislation, the method of managing an apartment building is chosen by the owners at a general meeting, during which everyone has the right to express their opinion and ask questions. The meeting can be held in person with the joint presence of the owners, in the form of absentee voting by poll or using the Unified IAS Housing and Communal Services system, as well as in the form of in-person and absentee voting.

The Housing Code obliges the owners of premises in an apartment building to choose one of the methods of managing common property (Part 2 of Article 161 of the Housing Code of the Russian Federation). If they cannot make a decision on their own, the local administration responsible for the safety of citizens will do it for them by selecting a management organization on a competitive basis for a period of no more than a year. At the same time, owners of residential premises can change the management method at any time based on a decision of the general meeting of owners.

Direct management by owners

Owners independently enter into contracts for the provision of utility services with resource supply organizations and organizations providing services for the maintenance and repair of common property in the house.

pros

Residents can do some home maintenance work themselves.
No additional management costs.
There are no intermediaries between consumers and utility service providers.

Minuses

Possible low management efficiency, since the owners are unprofessional.
It is difficult to agree on contractors to carry out the work.
The need to hold general meetings on every housing issue.

Who is it suitable for?

MKD with no more than 30 apartments.
Residents must know and trust each other, be able to distribute the administrative burden and money for common needs without conflict.

Homeowners Association Management

A homeowners' association (HOA) is an organization created by the owners of premises to preserve, maintain in working order and improve the common property in a residential building, which has undergone the registration procedure as a legal entity with the Federal Tax Service.

pros

The owners' money is in the HOA's current account and is spent only on the needs of the house.
The HOA itself plans what work and in what volume needs to be performed.
You can choose your own contractors.
The chairman and members of the HOA board are residents of the house, therefore, as a rule, they are interested in the result.

Minuses

The HOA needs to independently interact with the authorities, develop a charter, and register with the tax service.
If some residents have debts for housing and communal services, the owners of all premises from the “common boiler” can pay them off.
HOA is a legal entity. If he commits a violation, he may be subject to administrative liability and a fine.

Who is it suitable for?

Suitable for relatively old apartment buildings, where the owners know each other and there are a minimum number of rented apartments. Residents themselves must elect persons responsible for spending money and proper maintenance of the house.

Management of the management organization

A management organization (MA) is a legal entity created for the management, technical and sanitary maintenance of an apartment building under the terms of a paid agreement with the owners and operating on the basis of a license.

pros

Management prices are usually reasonable.
Residents do not pay other people's debts for housing and communal services.
Owners spend a minimum of time solving problems at home. They usually hold a general meeting about once a year.

Minuses

It is almost impossible to directly control the results of services provided and the intended use of money.

Who is it suitable for?

Suitable for large apartment buildings with hundreds of apartments, new buildings, houses with mostly rented housing.