Features and legal characteristics
Legal relations in the field of housing and communal services are regulated by the general norms of civil legislation.
For disputes the subject of which is the collection of debt for housing and communal services, the statute of limitations for utility services is set at three years. This position is confirmed by paragraph 41 of the resolution of the plenum of the Supreme Court of the Russian Federation dated June 27, 2017 No. 22. The debt is also collected outside the established period of time. If the management organization applies for debt collection after three years, the defendant has the right to file a petition to apply the statute of limitations. In the absence of such a statement, the court will continue to consider the case, which is confirmed by paragraph 2 of Art. 199 of the Civil Code of the Russian Federation. At the moment, the rules of law by which the statute of limitations for housing and communal services debts are calculated have not changed; 2021 did not bring innovations. The petition is submitted orally or in writing, for example, at the stage of the preliminary court hearing. ConsultantPlus experts told us what to do with communal services if you are leaving for a long time. Use these instructions for free.
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a) general information about the management organization, partnership and cooperative, including the main indicators of financial and economic activity (including information on annual financial statements, balance sheet and appendices thereto, information on income received for the provision of management services for apartment buildings ( according to separate accounting of income and expenses), as well as information on expenses incurred in connection with the provision of services for the management of apartment buildings (according to separate accounting of income and expenses), estimates of income and expenses of a partnership or cooperative, a report on the implementation of estimates of income and expenses partnership or cooperative);
b) a list of apartment buildings managed by a management organization, partnership and cooperative, indicating the address and basis of management for each apartment building, a list of apartment buildings in respect of which management contracts were terminated in the previous year, indicating the addresses of these houses and the grounds for termination management agreements, a list of apartment buildings in which the owners of premises in which in the previous year at a general meeting decided to terminate their association into partnerships for joint management of common property in apartment buildings, as well as a list of apartment buildings in which members of cooperatives in the previous year on their common the meeting adopted decisions on the transformation of cooperatives into partnerships;
c) general information about apartment buildings managed by a management organization, partnership and cooperative, including characteristics of the apartment building (including the address of the apartment building, year of construction, number of floors, number of apartments, area of residential and non-residential premises and premises included in the common property in an apartment building, level of improvement, series and type of construction, cadastral number (if available), area of land included in the common property in an apartment building, design and technical parameters of an apartment building), as well as information on engineering systems security included in the common property in an apartment building;
d) information on the work performed (services provided) for the maintenance and repair of common property in an apartment building and other services related to achieving the goals of managing an apartment building, including information on the cost of these works (services) and other services;
e) information about the utility services provided, including information about suppliers of utility resources, established prices (tariffs) for utility resources, standards for the consumption of utility services (standards for the accumulation of municipal solid waste);
f) information on the use of common property in an apartment building;
g) information on major repairs of common property in an apartment building. This information is disclosed by the management organization by decision of the general meeting of owners of premises in an apartment building on the basis of a management agreement in cases where the management organization is entrusted with organizing the capital repairs of this building, as well as by a partnership and cooperative, with the exception of cases where the owners of premises in an apartment building form a capital repair fund on the account of a specialized non-profit organization carrying out activities aimed at ensuring the overhaul of common property in an apartment building (regional operator);
h) information about general meetings of owners of premises in an apartment building, the results (decisions) of such meetings;
i) a report on the execution by the management organization of the management agreement, a report on the execution of the estimates of income and expenses of the partnership, cooperative for the year;
j) information on cases of bringing the management organization, partnership and cooperative, an official of the management organization, partnership and cooperative to administrative liability for violations in the management of an apartment building, attaching copies of documents on the application of administrative measures, as well as information on measures taken to eliminate violations resulting in the application of administrative sanctions.
Calculation order
When a person learned or should have learned about his violated rights, the calculation of the period begins. Please note that establishing a period at the legislative level for protecting your rights does not prevent you from going to court outside of it. In practice, a situation arises when debt is formed from a set of payments arising in different time periods. In this case, calculation for each fact of non-payment is made separately and changes the statute of limitations for housing and communal services; judicial practice confirms this in paragraph 24 of the resolution of the plenum of the Supreme Court of the Russian Federation dated September 29, 2015 No. 43.
Let us consider the following example of the procedure for calculating a period of time. Citizen Ivanov I.I. did not pay fees for the month of January 2021 in terms of the provision of utilities. The MKD management agreement does not specify a different payment period. Non-payment of Ivanova I.I. will go into debt status from 01/11/2021. From this moment, the limitation period for rent begins to count, equal to three years. According to the rules of utility services, approved by Decree of the Government of the Russian Federation dated May 6, 2011 No. 354, fees must be paid before the 10th day of the next month.
Debt collection is a basic requirement. Penalties and penalties are derivative in relation to this. If the statute of limitations for the main claim has exceeded three years, then for derivatives it also expires.
When do you need to pay utility bills?
The method chosen to pay for services in the housing and communal services sector affects the time at which funds are credited to the account with the resource supply company.
As a result, the homeowner deposits money within the established time frame, although the deposit date will be later.
The citizen will have to pay penalties for several days of delay . For this reason, it is recommended that you fund your account a few days before the end of the payment period.
Important! The payment can be considered executed only if funds have been credited.
What interrupts the deadline
After contacting a debtor with a demand for payment of a debt, different reactions are possible: ignoring, full or partial fulfillment. The actions of the person charged with non-payment may affect the statute of limitations for collecting utility bills and suspend it. If actions are taken from which it becomes clear that the debt is recognized, the limitation period is suspended. Article 203 of the Civil Code of the Russian Federation does not disclose what is meant by such actions. Paragraph 20 of the resolution of the plenum of the Supreme Court of the Russian Federation dated September 29, 2015 No. 43 refers to actions causing an interruption of the statute of limitations for utility payments: the debtor’s demand for a deferment. recognition of the claim. A response to a claim that does not acknowledge the debt does not confirm the debt.
Terms and methods of payment for housing and communal services
The deadlines for payment of utility bills according to the Housing Code must be taken into account when depositing money into the account.
Article 155 of the Housing Code of the Russian Federation indicates that by the 10th day of the month following the payment period, the amounts must be received by the housing and communal services.
The following options for depositing funds into the account can be used:
- using bank cards;
- through cash;
- from electronic wallets.
Currently, a common method of payment is to contact the cash desk of a banking organization. Similar services are provided by many banks. It is stipulated that additional interest will be paid for using this option.
Each bank sets its own rates. To perform this operation, you need to have a receipt in hand. The main disadvantage of this method is that the appeal can only occur during the working day. In addition, the negative point is the presence of queues.
Important! Funds are credited to your account within 3 business days. For this reason, you need to take care of depositing money.
Other payment methods and terms for receipt of funds to the housing and communal services account
Another common method of payment is using an ATM. To do this, you need to have a plastic card issued by a banking organization. The option requires paying a commission.
However, the amount is less than in the option of going to the bank cash desk. To deposit funds you need to use a personal account, which consists of 10 digits. The deadline for payment of utility bills in this case should be 3-5 working days before the period established by law.
Making payments via mail, Internet banking
The ATM does not give out change, so the remaining money is automatically transferred to the next month. If a citizen is a client of the Bank of Moscow or Sberbank, it is most profitable for him to deposit funds when contacting the post office . There is no commission for cardholders of these banks.
a mobile phone account can be used . In addition, it is possible to carry out the transaction through Internet banking . The main condition is the presence of a connection to the Mobile Bank system. You need to enter your personal account information.
Important! To avoid delays in payment, you need to deposit funds only on business days. Another option is the State Services portal. In this case, registration on the site is required. In all of the above situations, the approximate time frame for crediting funds is 3-5 days.
Features of payment terms for housing and communal services
The basis for payment may be a notification in either paper or electronic format. Therefore, deposits often occur earlier than the deadlines stipulated by the resource supply company.
To do this, information about the amounts must be posted on the supplier’s official website. Payment is made for the past period during which the services were used by housing and communal services.
Thus, payment for services in the housing and communal services sector should be done within a strictly specified time frame. Otherwise, sanctions will be applied to the citizen who is the owner of the residential premises. They are presented in the form of fines and service shutdowns.
Payment terms for housing and communal services in the capital
The provisions of Moscow Law No. 2 of 2010 “Fundamentals of the housing policy of the city of Moscow” indicate that the deadlines for payment of housing and communal services are set no later than the 10th day of the period that follows the reporting period.
A reservation is made that other time frames may be specified in the agreement between the citizen who has the rights of ownership of residential premises and the organization providing services in the field of housing and communal services.
In fact, the deadline for paying utility bills in Moscow is set by service providers within the 25-30th of each month . This period is needed so that housing and communal services organizations can generate receipts for payment, and citizens can deposit funds.
Payment terms for other regions are shown in the table:
| Subject | Period |
| Altai region | No later than the 30th |
| The Republic of Buryatia | No later than 3-5 |
| Volgograd region | No later than the 10th |
| Ivanovo region | No later than the 25th |
| Leningrad region | No later than the 10th |
| Novosibirsk region | No later than 27-30 |
| Omsk region | No later than the 10th |
| Tver region | No later than the 30th |
| Ulyanovsk region | No later than the 5th |
| Yakutia (Sakha) | No later than the 10th |
In each specific case, you need to find out the deadlines from the organization providing services in the housing and communal services sector.
