The common property of an apartment building is what? Maintenance and repair of the common property of the apartment building

Multi-family houses have a significant area related to common property. What is the specificity of using it? How do citizens make decisions related to the maintenance of common property?

What is meant by common property in the house?

In accordance with legal acts adopted in the Russian Federation, the common property of an apartment building is a shared resource of apartment owners located in a real estate object. The basic elements of this infrastructure can be represented in a wide range. As a rule, these are rooms that do not include apartments, as well as:

- used for the maintenance of several premises in the house facilities;

- staircases;

- elevators;

- corridors;

- attics;

- technical floors and cellars;

- various engineering communications;

- Roofs;

- structures that perform a protective function;

- various types of equipment located in a house outside the apartment;

- the land plot where the house is located, the plants that are planted on it, the elements of improvement arranged on it.

The basic normative acts regulating legal relations in the sphere under consideration are the Housing Code, as well as Government Decision No. 491 of August 13, 2006. In general, the provisions of the RF Housing Code should be consulted. In terms of content of the relevant facilities, you need to read the government resolution already mentioned. The common property of an apartment building is characterized by a large number of nuances in terms of use and maintenance.

Let's study them.

Features of using common house resources

The owners of the respective premises use them in accordance with the federal legislation of the Russian Federation. The change in the value of the common property of the house is possible only with the consent of all owners of this infrastructure. In addition, it is possible to transfer the relevant premises to the ownership of other persons. The main thing is that in the implementation of such legal relations, the criterion is met - the common property of owners of premises in an apartment building can be transferred to use only if this procedure does not violate the rights and interests of citizens and organizations.

Land plots where residential objects are located may be transferred to a limited use for other persons. If prior to the adoption of legislation regulating the use of common house resources, these sites have already been used by someone, access to them can not be prohibited. New encumbrance of the object is established in accordance with the agreement between the owners of apartments and the person who is going to use the site. Possible disputes within the framework of these legal relationships are resolved in court.

Features of the content of common house objects

We will now study how the maintenance of common property in an apartment building is carried out.

In accordance with the laws in the sphere of housing law of the Russian Federation, the owners of the apartments bear the costs of solving the problem in question jointly. The share of these costs attributable to a particular owner is determined on the basis of the share in the common property owned by the person. Even if the apartment owner does not live in it, he nevertheless must pay a fee for maintaining the common property in the apartment building. If a person does not use an elevator, for example, for the reason that he lives on the ground floor, he must pay for the relevant element of the infrastructure of the residential facility.

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

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

- providing the functionality of power supply systems;

- cleaning and sanitary-hygienic treatment of premises, land on which the house is located;

- removal of garbage and waste generated as a result of the work of firms that use various premises in the house;

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

- care for plants planted on the land that adjoins the house;

- maintenance of the improvement elements located in the respective territory;

- Realization of current repair of objects, their preparation for operation in this or that season;

- Implementation of measures aimed at improving the energy efficiency of a residential building.

It can be noted that the list of activities that form the maintenance and repair of the common property of an apartment building does not include:

- maintenance of functionality of doors in apartments belonging to tenants - external and internal, windows;

- warming of balconies;

- replacement of glasses;

- care for land that is not part of the common property, including planting on it.

These tasks are solved by the owners of the apartments.

The main activities carried out within the framework of using common property include repairs. It can be current and capital. Let us study its features.

Repair of houses

Repair is carried out in accordance with the decision of the owners' meeting. The current is designed to prevent wear and tear, as well as maintain the functionality of the objects in question. Capital repairs of common property in an apartment building include the replacement or reconstruction of certain elements of the infrastructure of the living quarters. It is also produced if the term of operation of the relevant facilities expires.

The current (as well as capital) repair of common property in an apartment building can be carried out by management companies, if this duty is established on them by decisions of the owners. Participation in these legal relations is the exclusive competence of the owners of apartments. Tenants also establish the maintenance and schedule of works on repair of common resources in the house.

Note that the management companies are required to perform the current and urgent work necessary to maintain the functionality of the facilities, even if the contract with the owners does not have a specific list of relevant works. Owners of apartments for the purpose of financing these activities form a capital repair fund for the common property of apartment buildings. Let's consider its specificity.

The use of the fund of common funds of apartment owners

The fund in question is placed on a special account. It opens in a credit and financial institution that has the competence to conduct the relevant transactions. Monetary funds placed on a separate account and owned by the owners of apartments, are used, therefore, for the purpose of overhauling the resources.

The formation of the corresponding fund is carried out at the expense of contributions of residents, as well as penalties accrued on these amounts in the manner prescribed by law. In some cases, it is also possible for the bank to charge interest for placing money on the account in question. The overhaul fund is distributed among the owners of apartments in proportion to the amount of their contributions.

The ownership of these funds belongs to the owner of a particular dwelling. If a person sells an apartment, then his buyer becomes also the owner of a share in the capital repair fund. It is worth noting that the owners of funds on a separate account can not use them for other purposes, except to carry out overhaul of the common resources in the house.

We will now study how events are conducted in which owners establish rules for keeping common property in an apartment building. It is about the meetings of the general meeting of apartment owners.

Meeting of the general meeting of apartment owners: the features of the event

The general meeting of the owners of residential premises, in accordance with the laws in the sphere of housing law of the Russian Federation - the main body of the management of the house. In fact, it is simultaneously a meeting, and therefore, can be regarded as an event. The owners' meeting has an agenda and involves the formation of a list of decisions taken through voting.

The common property of an apartment building is objects that, in accordance with the results of a meeting of apartment owners, can be:

- reconstructed;

- supplemented with economic buildings for various purposes;

- repaired - including when using the capital repair fund.

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

- on the formation of a capital repair fund;

- on the amount of contribution to capital repairs - relative to the minimum level;

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

- on the selection of a bank that will service financial transactions related to the calculation of apartment owners with service providers for the maintenance of common resources;

- on the receipt of the HOA, CC or other competent organization of loans for overhauling the house;

- on the preparation of guarantees for the implementation of such financial transactions;

- on the use of the land plot adjacent to the house;

- on the use of objects included in the general resources of the house, by third parties - for example, for advertising purposes;

- on empowering persons involved in signing contracts for the use of facilities;

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

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

- on the choice of house management mechanisms;

- On the need for ongoing maintenance of property.

We will study how the meetings in question can be held.

Forms and procedure for holding meetings of apartment owners

The event in question can be held:

- in the form of face-to-face voting - when the owners are present on it personally, discuss issues and make decisions on them;

- through absentee voting of tenants - in accordance with the procedure established by regulatory and legal acts of the Russian Federation;

- in a mixed form.

Normative-legal acts of the Russian Federation also established the procedure for conducting the event in question. First of all, the law establishes the frequency with which meetings should be held, establishing how the owners of the house use the common property of the apartment building. This is a very significant criterion in terms of the effectiveness of the management of the relevant facilities.

So, the meetings in question must be held once a year, unless otherwise specified by local norms established by the owners of apartments. In addition to the main meeting of owners, extraordinary events can be held, related to the discussion of various aspects of house management. They can be initiated by any citizen from among the owners of apartments.

The general meeting of owners is recognized as legitimate if the quorum is observed. In accordance with the housing laws of the Russian Federation, it must be 50% of the total number of votes. If the quorum is not met, another general meeting is held.

If any of the apartment owners decided to submit a question, for example, on how the current repair of common property in an apartment building should be carried out, in an emergency order, he should inform other tenants of his initiative 10 days before the holding of the relevant meeting . A person should send information about the event to neighbors in writing or post messages about the meeting of apartment owners at special stands. This document should contain:

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

- data on the form of the meeting;

- date, place, and time of the event;

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

- the procedure for studying the owners of apartments with information that will be considered at the meeting.

Owners of apartments that have 10% of the votes or more at meetings can apply to the CC or HOA with a request to hold a general meeting. This appeal must be in writing and include the agenda items. CC or HOA within 45 days after receipt of the relevant document, but no later than 10 days before the general meeting, should inform the relevant event of the tenants.

Such initiatives can also be connected with the discussion of the nuances characterizing the repair of common property in apartment buildings or, for example, the use of a capital repair fund. The initiator of the relevant meeting may be the management company itself or the partnership of owners. At the same time, items that are usually in the competence of the meeting of apartment owners can be included in the agenda.

Let's consider now how decisions of owners of habitation are accepted.

Features of decision making at meetings of homeowners

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

Features of voting at the meeting of apartment owners

It will be useful to study how voting is conducted on issues on the agenda of the relevant meetings. For example, with respect to such procedures as the overhaul of the common property of apartment buildings or the use of funds that are to be used for appropriate purposes. Voting at a meeting of apartment owners can be carried out personally or through a representative who acts on the basis of a power of attorney. Each owner has a number of votes proportional to his share of ownership of the total resources in the house. Information on persons who participated in voting is recorded in the minutes of the meeting of the owners of apartments.

Results of voting within the framework of the meeting of apartment owners are fixed in special protocols, which are official documents. Their preparation and application of the provisions contained therein may have legal consequences.

Registration of the results of the meeting of the owners

Copies of the relevant protocols must be submitted by the authorized citizen to the Criminal Code, HOA or other competent organization within 10 days after the meeting of the apartment owners. In turn, CC, HOA or other structure within 5 days after receipt of the document should send the protocol to the regulatory authorities. If the data of government agencies receive 2 or more sources of the appropriate type for 3 consecutive months, they should initiate an unscheduled inspection of the activities of citizens related to the management of the house. For example, if tenants are actively discussing what services for the maintenance of the common property of an apartment building should form measures for the maintenance of the relevant facilities, then the competent state bodies can verify how lawful the actions of citizens are in the resolution of such issues.

The minutes of the meeting of apartment owners should not contain decisions on issues that are not included in the agenda by the initiators of the event. Residents of the apartments are informed about the results of the meeting of tenants within 10 days after the execution of the relevant document. As a rule - by placing on special stands. Protocols fixing the results of the meeting of apartment owners are stored in a place that the tenants themselves determine. The minutes of the owners' meeting, regulating how the common property of the apartment building should be used, are sources of norms mandatory for all tenants, provided that the issues discussed on the agenda of the meeting were within the competence of the relevant house management body.

Decisions made on the fact of the meeting of the owners of apartments can be appealed by the owners of housing in court. For example, if one of the citizens was not satisfied with the way in which the procedure for spending money for repairing the common property of an apartment building without his participation was established, or if he voted against and considers his rights violated. The person can apply to the court within 6 months from the moment of acquaintance with the decision of the meeting of the owners of housing.

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