Apartment building management fee

According to Art. 16 of the Housing Code of the Russian Federation, residential premises include:

residential buildings or parts of houses;
apartments (parts of apartments);
rooms.

It is interesting that the code does not directly define an apartment building (decoding the abbreviation MKD), apparently for the reason that only apartments are residential in it, and not auxiliary common areas. Since the majority of the population in cities and towns lives in apartment buildings, the life support of which is carried out by various housing and communal services (HCS), the purpose of the article is to understand what MKD in housing and communal services is.

MKD - what is it in housing and communal services: provisions, requirements, maintenance

A residential building (RD), from the point of view of legislation, is an individual separate building, consisting of rooms and additional auxiliary premises. The purpose of a residential building is accommodation, providing for the household and personal needs of the residents.

An apartment is a separate separate room in an apartment building, also consisting of rooms and utility rooms, the purpose of which is similar to the purpose of a residential building.
A room is a part of an apartment or railway that is used for people to live in.

Definition of an apartment building

The definition of MKD is contained in the general provisions (clause 6) of the Decree of the Government of the Russian Federation No. 47 of January 28, 2006:

An apartment building (MKD) is a residential building of at least two apartments (or more), with common property, with separate exits from each apartment to common areas or to a land plot adjacent to the house.

It is forbidden to open production workshops in residential premises or use them for other types of activities, for example, religious ones. At the same time, it is possible to use the first floors of apartment buildings for commercial purposes: these cases are stipulated by law.

For entrepreneurship you need:

transfer the house to the status of non-residential premises;
comply with safety rules (fire and explosion safety), sanitary and technical standards in the apartment building;
do not disturb the routine and peace of residents.

Thus, based on clause 26 of the requirements for MKD (Resolution No. 47), noise in the daytime should not exceed 55 dB, and at night - 45 dB.

The auxiliary premises of the apartment building cannot be used for living..

A special interdepartmental commission should monitor the condition of the apartment building. It defines:

suitability of the apartment building for habitation;
emergency condition;
the need for reconstruction or demolition.

The difference between an apartment building and an individual residential building (IDH)

The wording “individual building” means that the owner of a residential building can be one person or one family.
There are no common areas in a private house.
If there are two families in the house, which means at least two apartments, a common territory already appears: this can be a common corridor or courtyard (plot of land), the exits to which are available from each apartment.

Thus, a private two-family house can already be called an apartment building. It is the presence of public premises (common premises) and public property (public property) that is the main distinguishing feature of MKD from IZD.

Common property of an apartment building

Apartments are the property of the residents of the apartment building. A reasonable question: on what principle is the common property of an apartment building divided? The answer is given by Art. 37 Housing Code of the Russian Federation:

The common property of an apartment building is divided according to the principles of shared ownership: each owner of the premises owns a share of the apartment building, proportional to the area of the apartment of which he is the owner.

For example, the total area of the building (GPA*) is 6500 m², the GPA of an apartment is 70 m². The share of the total property of the apartment building of the owner of this apartment is GPC/OPZ = 70/6500 = 0.1 077 = 1.077% of the general property of the apartment building.

Note*: The total area of the building includes the total area of all floors, calculated from the internal surfaces of the external walls of the house (plinths are not taken into account), and the area of open galleries, open loggias, balconies, passages, mezzanines

The OI MKD has several interesting features:

The share in the right to the common property of an apartment building repeats the fate of the ownership of residential premises: it appears when the right to an apartment arises and is canceled when this right is alienated.
Despite the presence of a share of the property, it cannot be separated from the entire property of the house (the principle of an indivisible thing).
The owner of the apartment cannot dispose of his share in the right to common property in the residential apartment building, that is, alienate it to other persons separately from the right of ownership of the residential premises, rent it out for use, rent, etc.

Types of common property of apartment buildings

To the OI MKD, according to Art. 39 of the RF Housing Code and Resolution No. 491, include:

basements, entrances, corridors, stairs and landings;
technical floor, roof, attics, gutters;
external loggias, balconies, terraces, etc.;
enclosing structures, foundation, floor slabs, facade;
elevators, garbage chutes, ventilation and shafts for them;
engineering communications, mechanical and electrical equipment (pipelines, electrical cables, distribution boards, meters);
the land plot on which the building is located;
the area adjacent to the house, including sidewalks, entrances, playgrounds, green spaces, etc.

Maintenance of apartment buildings and common property of the house

The maintenance of apartment buildings and care for the safety of common property can be carried out:

directly by the residents themselves (if there are no more than 30 apartments in the apartment building);
housing and real estate ownership partnerships (TSN and HOA);
Housing cooperative (housing and construction cooperative);
management company.

What are the requirements for conducting OSS in 2017?

A meeting is considered valid if it was prepared and held taking into account all the requirements and, most importantly, the voting results were correctly documented.

Frequency of OSS

According to Part 1 of Article 45 of the Housing Code of the Russian Federation, the OSS is carried out at least once a year - in the second quarter of the year following the reporting one. It is allowed to establish another period for holding the meeting by a collective decision of the owners of the premises. This should be documented in the minutes of one of the previously conducted OSS.

An extraordinary OSS can be convened at any time on the initiative of any owner of premises in the building or management organization. The initiator of the meeting is obliged to notify all owners of premises in the apartment building about its convening no later than 10 days before the expected date of its holding.

Notification of OSS participants about its holding

Article 45 of the RF Housing Code provides that a notice of the OSS must be sent to each owner of the premises by registered mail. But practice shows that it is best to supplement the letter with an inventory of the attachments. In this case, owners who did not take part in the OSS, primarily those who rent out apartments and non-residential premises, will not be able to explain their absence by improper notification.

If a meeting is held in absentia or in absentia, the envelope with the notification must include the decision forms on the issues discussed and all the information necessary to make a decision.

Particular requirements for the OSS are determined by the issues put to vote and relate to the quorum - the number of owners who took part in the meeting and the number of votes in favor required to make a decision.

Organizational issues of a general nature require more than 50% votes in favor.
Issues related to major repairs, reconstruction of apartment buildings and construction on the territory of the assigned land plot - 2/3 voted “for”.
The decision to reduce the size of common property in an apartment building as a result of its reconstruction, redevelopment, or redevelopment requires the unanimous consent of the owners.

MKD - what is it in housing and communal services: getting acquainted with the terminology

Living in an apartment building, few people know its distinctive features and characteristics. We invite you to get acquainted with the definition of these buildings from a legal point of view.

MKD has its own definition

MKD - what is it, according to the Housing Code of the Russian Federation

First, it’s worth understanding the terminology. This concept is disclosed in Article 16 of the Housing Code of the Russian Federation, according to which, an apartment building is an individually defined building, consisting of rooms and auxiliary premises, the main purpose of which is to satisfy the domestic and other needs of citizens living in this building. Its signs include:

structural elements;
separate area;
systems that provide certain amenities for citizens living in the building, for example, water supply, heating and others.

The apartment building is located on a separate plot

Main characteristics of an apartment building

The characteristics of a particular MKD are specified in its technical passport. It is compiled for each building separately in the BTI. During the operation of an apartment building, this document is periodically updated. It states:

total area of the building;
square footage of a specific apartment;
area of non-residential sector facilities.

The house passport contains all the necessary information

Attention! The characteristics of an apartment building are important when changing the owner of a building and allocating funds for its maintenance.

The amount allocated for maintenance depends on the characteristics of the house

What is compulsory social insurance

The social insurance system includes compulsory social insurance against accidents during production activities and against occupational diseases. The directions and purposes of this type of insurance are regulated in Art. 1 of Law No. 125-FZ:

ensuring social protection of citizens;
economic incentives for insurers to reduce professional risk;
compensation for harm to the health and life of citizens caused in the course of work;
prevention of injuries at work and occupational diseases.

If an employee is injured as a result of an accident during his working life, he will be able to count on compensation for harm to health, payment of costs for various types of rehabilitation, etc. Professional insurance implies compensation for harm in the event of chronic or acute diseases directly related to the influence of harmful production factors.

The video below will tell you what compulsory social insurance is:

What is the difference between an apartment building and a private house: main points

A private house is essentially an apartment equipped with a separate entrance and several living rooms. As a rule, it has one owner. It is possible to have several co-owners, each of whom owns a certain share, and they can only have rights in parts. If there are at least two full-fledged owners, we are already talking about an apartment building.

There are more than two owners in the apartment building

MKD assumes the presence of several apartments, each of which has its own owner. The house is managed either by the management company or the council. In an apartment building there is common property, in a private one everything belongs to the owner. All issues related to the management of common property are resolved at meetings.

Attention! An apartment building built on a plot for private construction will be demolished.

A special area is allocated for MKD

Is it possible not to pay?

Residents of apartments must understand that an apartment building is a complex structure that requires constant care and maintenance. Homeowners in apartment buildings do not have the necessary time, professional knowledge and experience for such work, so maintenance services are performed by specialists from the Management Company.

Cooperation is formalized by an agreement signed at a general meeting of residents. It is important to monitor what services are specified in the contract and whether the payment tariff is formed correctly.

According to Article 307 of the civil law, residents of the house must pay for utilities provided by the management company under the contract. If there is no agreement, you don’t have to pay.

But it is unlikely that the Management Company will take care of the house without guaranteed grounds in the form of an agreement. You can not pay for services that were not provided or that are of completely low quality. The charging of payments for services not provided is even considered a violation of the law; such a criminal code can be complained to the regulatory authorities.

If the residents of the house do not want to pay the Company, they can change the form of management of their apartment buildings and independently deal with all issues related to the maintenance and maintenance of common housing. But residents do not always have the appropriate training, qualifications, time, legal knowledge and other necessary grounds for this work.

What premises are included in an apartment building: interesting nuances

According to the Housing Code, the MKD includes:

residential sector, including individual apartments owned by the state, legal entities and individuals;
non-residential sector, located on the first or ground floor. Its owner can be either individuals or legal entities;
other areas not included in the apartments. This includes common corridors, attic, basement, elevator, stairs, the so-called common property.

MKD includes different sectors

How tariffs for the maintenance of an apartment building are determined: procedure and features

Tariffs are set annually at a meeting of homeowners. Citizens living in apartments belonging to municipal or state property are present at the meeting, but do not take part in voting. They additionally pay a fee in accordance with the social rental agreement. An agreement is concluded between the management company and the owners, which provides:

list of services to be provided;
the cost of a specific type of work;
payment terms and procedure;
restrictions on the provision of services in the event of debt.

Attention! In the absence of an agreement, invoices issued may not be paid.

Tariffs are formed in four areas:

Maintenance;
maintenance of common areas;
major repairs;
social hiring.

Tariffs are set at the meeting

Forms of holding a general meeting

The general meeting can be held in person, in absentia and in absentia. The latter is provided for by Federal Law No. 176-FZ of June 29, 2020 “On Amendments to the Housing Code of the Russian Federation.” This innovation was forced: the practice of conducting OSS has shown that it is rare for anyone to be able to gather all the owners of the premises at a designated time in a specific place.

In-person meeting

It is held with the joint presence of all meeting participants in a certain place and at a set time to discuss issues on the agenda and make decisions on them.

Absentee voting

It is carried out in cases where the quorum required to make a decision was not reached at the meeting in person. It represents the transfer to the initiator (initiative group) of the OSS of decisions of the owners of premises in the apartment building on the issues under discussion, drawn up on paper and sealed with personal signatures. If the owner is a legal entity, the signature is sealed with the seal of the organization.

It is necessary to respect the rights of each owner of the premises in the house, regardless of whether it is a private person or a legal entity, and make decisions at a general meeting.

Mikhail Men, Minister of Construction and Housing and Communal Services of the Russian Federation

Part-time participation in OSS

It is carried out in stages or in parallel in the form of direct in-person participation and absentee voting. Implies the opportunity for owners of premises in apartment buildings to discuss issues put to a vote in person while simultaneously transmitting absentee decisions submitted within the prescribed period.

The quorum of such a meeting is determined as a whole based on its results, but not earlier than the expiration of the period during which absentee voting participants must submit their decisions.

MSW - what is it in housing and communal services, and who is responsible for providing public services

First, let’s figure out what MSW is in housing and communal services. This is a public service provided to all residents of an apartment building for the collection, removal, neutralization and disposal of solid household waste. Let's look at this in more detail.

MSW – utility service

What rules govern the management of MSW: nuances

Each region appoints its own operator to ensure the management of MSW, and sets uniform tariffs for removal and processing. Rules for handling MSW include:

the procedure for storing waste by residents;
operator's responsibilities for handling and procedure if more than 1 m³ of waste is found in the wrong place;
responsibilities of the land owner in the presence of an unauthorized waste collection site;
procedure for collecting old electrical equipment;
standards for garbage trucks;
rules for processing, recycling, neutralization and disposal of waste, as well as the procedure for drawing up an agreement;
reasons for deprivation of operator status and obligations of a legal entity after loss of status.

MSW handling is performed by the operator

Payment for MSW in the utility bill

The fee for MSW is billed depending on the number of people living in the apartment. When developing the standard, the average volume of waste generated by one person is taken into account. Each region has its own tariff, depending on:

volume and number of installed containers;
the presence or absence of sorting with the possibility of storing various types of waste. In this case, the tariff is much lower;
a large percentage of waste that can be recycled.

How to formalize decisions

The decision of the OSS is an important document that has legal consequences. If it is not formalized correctly, the meeting may be considered illegal. Therefore, when completing it, it is necessary to strictly adhere to the requirements of Order of the Ministry of Construction dated December 25, 2020 No. 937/pr “On approval of the Requirements for the preparation of minutes of general meetings of owners of premises in apartment buildings.” Otherwise, there is a high probability that the decision made will be declared invalid and non-binding.

In addition to the requirements for drawing up minutes, the Order of the Ministry of Construction determines the maximum period within which the minutes must be drawn up: ten calendar days from the date of the meeting. In addition, the initiators of the meeting should remember the need to place all documents related to the OSS in the GIS Housing and Communal Services.

Which SSS protocols is the management company obliged to place in the Housing and Communal Services GIS?

The management of the management company states that in the GIS housing and communal services system they are required to post protocols not of all OSSs carried out at home, but only those OSSs that relate to changes in the amount of payment for housing services. And all sorts of other OSSs that residents conduct on various other issues - the management company is not obliged to place them in the System.

For example, an OSS took place, according to which the salary of the chairman of the MKD council was established. And the Criminal Code began to include a new line with this payment in utility receipts. But most neighbors do not know about this OSS. And the Criminal Code declares that it has nothing to do with this, that it was the tenants themselves who decided, and the Criminal Code was only authorized to collect these payments. And that the OSS UK type is not required to post documents on this type in the GIS Housing and Communal Services.

I have a suspicion that the Criminal Code is lying. Must upload all OSS protocols to the System. What do you think?

Employer insurance contributions for compulsory social insurance (OSI) in Russia.

Ensuring labor safety and paying compensation for accidents at work is carried out in various areas, including through the compulsory social insurance system (OSI). The obligation to transfer social security contributions is imposed by Law No. 125-FZ on all employers using hired labor.

What is the council of an apartment building: you need to know this

Many issues are resolved at the MKD council. Let's find out what tasks he must solve, what functions he must perform, as well as what responsibilities and rights the chairman of an apartment building has.

The Council resolves all issues related to the management of apartment buildings

Main tasks and functions

The main functions of the MKD council include:

ensuring the implementation of decisions made at the meeting of owners;
initiation of a meeting at which various issues will be discussed;
compliance with the procedure for holding a general meeting of owners;
preparation of a project that will be submitted to a meeting of owners;
making proposals on the procedure for using, maintaining and repairing common property;
discussion of draft management agreements concluded between home owners and the management company;
providing methodological and informational assistance to home owners.

Attention! The Council is elected for a maximum of 2 years. If it has not yet been formed, the local government body must initiate its creation.

Rights and responsibilities of the chairman of the MKD

The meeting is headed by the chairman of the MKD. His rights and responsibilities are quite broad. He:

meets with representatives of the management company to agree on the draft agreement and make changes in accordance with the wishes of the homeowners;
announces the terms of the agreement to the meeting of owners;
concludes an agreement if such powers have been transferred to him;
controls the work performed by the management company, signs the certificate of completion of work;
takes part in court hearings on the basis of a power of attorney issued by the owners.

The Chairman can do a lot

The main right of the chairman of the MKD can be called management of the council. If desired, he can refuse to cooperate with the management company in favor of creating an HOA. We hope that the information provided is relevant to you. Share in the comments whether the council works in your home and how effective its work is.

Construction in Russia is the most widespread and at the same time profitable field of activity. The most popular type of construction is considered to be the construction of apartment buildings. The latter variety is most common in megacities.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

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At the same time, not everyone understands what is hidden under the terminology of an apartment building and what is special about it.

OSS Agenda

Today in the chat they sent the agenda:

Notice of holding a general meeting of owners at

1 file(s) 312.10 KB
We decided to prepare a description of the OSS and agenda, we hope that we were able to more or less simply describe everything. The text is provided for informational purposes, please check the information you receive.

Introduction

The General Meeting of Owners (hereinafter referred to as the GSM) is the only legitimate management body that resolves issues of management and maintenance of common property in an apartment building (hereinafter referred to as the MKD). Owners of premises in an apartment building are required to annually conduct an annual inspection of the premises in an apartment building. Unless otherwise agreed upon at the OSS. Those conducted in addition to the annual OSS are extraordinary. An extraordinary general public meeting may be convened at the initiative of any of these owners. (Clause 2-3 of Article 45 of the RF Housing Code)

The owners of residential and non-residential premises are simultaneously the owners of the Common Property (hereinafter referred to as GP). Possession, disposal and use of such property is carried out by making joint decisions at the OSS (Clause 1, Article 44 of the Housing Code of the Russian Federation).

The decisions made at the OSS are binding on all owners of premises in the apartment building, regardless of whether they participated in the voting or not (Clause 1, Article 45 of the Housing Code of the Russian Federation).

Thus, the purpose of conducting an OSS is to make decisions on the management, disposal and control of POs in the MKD within the competence of the meeting.

The main groups of issues within the competence of the general meeting (Article 44 of the RF Housing Code):

MKD control method
MKD Council
Common property of MKD
MKD management agreement
Provision of utilities
Major renovation
Issues of conducting OSS

Decisions are made by discussing issues on the agenda (Article 44 of the RF Housing Code). Only issues on this agenda are discussed at the OCC; no others can be added or existing ones can be removed. In addition, the OSS helps coordinate and agree on the necessary actions and decisions of the owners in the house. The procedure for holding a general meeting of owners of premises in an apartment building is regulated in Art. 44-48 Housing Code of the Russian Federation.

Quorum is the smallest number of meeting members required to make a valid decision on an issue.

If the meeting was attended by owners or their representatives who have more than 50% of the votes of the total number of votes of the owners of premises in the apartment building, then a quorum has taken place and the meeting is considered valid and valid (Part 3 of Article 45 of the Housing Code of the Russian Federation). The number of votes is determined not by the number of people present at the meeting, but by the size of their share in the ownership of the Olympic Games (Part 3 of Article 48 of the RF Housing Code). Accordingly, for a quorum it is necessary that the owners who jointly own more than 50% of the share in the OI be present at the meeting. Example: an apartment of ~51 sq.m with one owner has a share of 0.12% of the area of the entire building, Rimsky Prospect, no. 1.

OSS Administrator

Meeting administrator - an important role when conducting OSS in MKD using the Information System (hereinafter referred to as IS) is assigned to the OSS administrator. This is an individual or legal entity who, on behalf of other owners of premises in the house, will use IP when conducting OSS (Part 2.1, Article 47.1 of the Housing Code of the Russian Federation).

Why an administrator is needed is stated in Art. 47.1 Housing Code of the Russian Federation. So he:

Posts a message about the upcoming meeting in the IS no later than 10 days before the start of voting. To do this, the initiator of the meeting must give such a person a prepared notice no later than two weeks before the date of the OSS.
At the same time, sends each owner a message about the upcoming meeting via the IS.
Accepts completed paper ballots from owners if residents of the building have chosen this method of voting at the OSS. The procedure for making decisions by owners must be approved at the same meeting when the owners decided to use the IP for absentee voting.
Enters into the information system information about voting participants, their premises and documents confirming ownership, as well as written decisions submitted to him by the owners on each issue on the agenda and electronic images of such decisions. In this case, an electronic image of the paper decision must be placed in the system within an hour from the moment it is transferred to the administrator.

Voting form

Our OSS will be in the form of in-person and absentee voting - first there will be an in-person meeting of owners, August 05, 2020 at 20.00. After that, those who were unable to attend will be able to vote in absentia , that is, through voting forms and a ballot box from August 05 2020 to October 30, 2020 inclusive. You will need to take a voting form , vote , send it by email [email protected] (scan or photo of the owner’s completed decision with subsequent transfer of the original decision to the initiator of the general meeting) or take it to the ballot box in the Criminal Code.

In-person and absentee voting allows you to combine both forms of conducting the OSS and allows you to discuss issues on the agenda in person and make decisions on them, as well as transfer decisions of homeowners by absentee voting within the prescribed period to the address specified in the notice of the event (Part 3 Article 47 of the Housing Code of the Russian Federation).

More about our agenda

Elect Maxim Valerievich Vedeneev Lyudmila Anatolyevna Bakanova as secretary of the extraordinary general meeting of owners , and give them the authority to count the votes of the owners of this general meeting.

This paragraph implies the selection of the chairman of the meeting and the secretary of the meeting only for this meeting. The Chairman conducts the meeting. The secretary draws up and draws up a protocol, a registration sheet, the counting commission counts the votes of participants and sums up the voting results for each item on the agenda.

At the time of the in-person meeting, one protocol of the meeting is drawn up; if a quorum is not reached at the in-person meeting, then another protocol will be drawn up after absentee voting. As a result, one general minutes of the meeting will be drawn up. Decisions and minutes of the OSS are official documents certifying facts that entail legal consequences for the owners of premises in an apartment building in the form of responsibilities for the maintenance of common property in a given building

Select a method of managing an apartment building at the address: Moscow region, Leninsky district, s.p. Razvilkovskoye, Razvilka village, Rimsky proezd, 1: management of the management organization.

This point presupposes the choice of the form of management of the MKD, that is, the management of the Managing Organization. The house council is elected from among the owners of 161.1 Housing Code of the Russian Federation, the number of council members is not limited.

Approve the cost of services and work (Rate) of the management organization VC Comfort JSC for the management, maintenance and routine repairs of the common property of the Apartment Building in the amount of the rate approved by local governments for the next year, and determine the procedure for paying for utility resources used for the maintenance of the common property apartment building, based on the actual volume of consumption of utility resources, determined by the readings of a collective (community) metering device, according to tariffs established by government authorities of the constituent entities of the Russian Federation.

The choice of this item implies the choice of tariffs assigned by the Administration of the Leninsky city district (Kartinsky department) and payment based on consumption of the common area.

Approve the terms of the management agreement for the Apartment building and conclude a management agreement for the Apartment building with the management organization JSC "VK Comfort" on the approved terms for a period of 1 year. *If a decision on this issue is made by the owners, then in accordance with Part 5 of Art. 46 of the Housing Code of the Russian Federation, the management agreement for an apartment building will be considered concluded with all owners of the premises from the date of adoption of this decision.

This clause says that if we elect it with a majority, then the management company automatically signs an agreement with all owners of the premises without the participation of the owners.

If you are the owner, you haven’t even signed an agreement with the management company and you don’t even know what kind of organization it is, you should know that you will have an agreement with it.

Stop the operation of the garbage chute in the Apartment Building by mechanically blocking the garbage chute valves in each entrance of the Apartment Building (mothballing) for the period until a decision is made at the general meeting on its re-opening, and in this regard: - exclude work carried out for the purpose of proper maintenance of the garbage chutes of the Apartment Building from a list of services and works for the maintenance and current repairs of common property in an apartment building for the specified period; – exclude the fee for work performed for the purpose of proper maintenance of the garbage chutes of the Apartment Building from the amount of payment for services and work on the maintenance and routine repairs of the common property of the Apartment Building for the specified period.

This paragraph says that the garbage chutes throughout the house will be closed until the next OSS decides to open them. There will be no service fee for the garbage chute.

Elect the Council of the apartment building for a period of 2 years with subsequent extension in the absence of a decision of the general meeting of owners on its re-election and approve the quantitative composition of the Council of the apartment building based on the results of voting on the candidates: 1) Sufyarov Eduard Mansurovich, ; – Section 3 2) Tolstykh Sergey Viktorovich, ; – Section 4 3) Elena Mikhailovna Polunina, ; – 4 section 4) Ushko Igor Vyacheslavovich, ; – 5 section 5) Filin Viktor Vladimirovich, ; – 5 section 6) Muryshkin Dmitry Viktorovich, ; – 6th section 7) Shultz Yuri Alekseevich, – 6th section Bagdasaryan Ararat Arsenovich, ; – 7 section 9) Eroshin Andrey Olegovich, ; – 8 section 10) Bakiev Valery Shukhratovich, ; – 10 section 11) Vedeneev Maxim Valerievich, ; – 11 section 12) Zaichikov Artem Nikolaevich, ; – 12 section 13) Klimovich Artem Gennadievich, ; – 13 section 14) Syabukov Boris Yurievich, ; – 15 section 15) Bakanova Lyudmila Anatolyevna, ; – Section 16.

This clause implies the election of the House Council (hereinafter referred to as the BoD), by voting for each candidate separately, for a period of 2 years and will be extended in the absence of a decision by the OSS on his re-election. You can also leave the SD at home only through OSS.

Elect Yuri Alekseevich Shultz as Chairman of the Council of the apartment building for a period of 2 years, with subsequent extension in the absence of a decision of the general meeting of owners on his re-election.

Here the Chairman of the Board of Directors is elected, who assumes powers in accordance with Part 8 of Article 161.1 of the Housing Code of the Russian Federation.

Allow the use of the common property of the owners of premises in the Apartment Building by telecommunications service providers (hereinafter referred to as the Providers) and give the management organization VC Comfort JSC the authority on behalf of the owners of the premises in the Apartment Building to conclude agreements on the use of property with Providers in the interests of the owners of the premises of the Apartment Building with obligatory preliminary written approval by the House Council of the terms and prices of such agreements, as well as to establish the amount of remuneration to the management organization of VC Comfort JSC for services for concluding and maintaining agreements for the right to use common property by Providers in an Apartment Building - 4% of the agreement price (after paying taxes and fees). The purposes for spending funds received under agreements from Providers in the form of fees for the use of common property (or part thereof) in an Apartment Building are determined by the Council of the House.

This paragraph gives the management company the right (grants powers) to use the IP and territory for its own purposes. enter into transactions with organizations through agreement with the Board of Directors. After agreement with the Board of Directors, the management company asks for 4% of the MKD’s income for its work, after deducting taxes (from net profit). Concluding agreements with new providers, advertising, rent.

Taking into account this formulation of the issue on the agenda, we give the management company the right to use the IP for its own purposes, but if we do not accept it, we will not be able to change the Internet provider. It would have been better to split this point into several parts and deal with the Internet providers separately.

Restrict the passage and passage of vehicles into the adjacent territory of the Rimsky residential complex for persons who are not the owners (owners) of premises in the apartment buildings of the Rimsky residential complex, in order to organize access control to the territory of the Complex, and instruct the House Council, together with the management organization, to develop rules of use local area.

The adoption of this clause makes it possible to close the territory of the residential complex with an access control system, providing access to the territory only to the owners of the premises. Instructs the Board of Directors and the Management Committee to develop rules for the use of the local area. All owners of premises will have to use these rules in the future.

Owners of premises in an apartment building, acting on their own behalf, in the manner established by the Housing Code of the Russian Federation, conclude contracts for cold and hot water supply, sewerage, electricity supply, heating (heat supply) - with resource supply organizations, contracts for the provision of services for the management of solid municipal waste - with the regional operator for municipal solid waste management, from 01/01/2021

When choosing this item, each owner will be obliged to personally conclude an individual agreement with suppliers of cold and hot water supply, sanitation, electricity supply, heating (heat supply).

Taking into account this formulation of the issue on the agenda, everyone will personally enter into an agreement with suppliers, that is, go to organizations and enter into agreements with companies. This paragraph had to be written differently so that the board of directors and the chairman of the board (on behalf of the owners) together with the management company would collect all the necessary documentation to create an individual agreement with the RSO for each owner.

Approve the procedure for notifying the owners of premises in an apartment building about holding general meetings of owners and about decisions made by general meetings: by posting a corresponding message on information boards at each entrance of the building.

This paragraph allows you to notify the owners of the premises by posting any information: - about the upcoming OSS, - about the annual report, - and other information relating to apartment buildings on information stands in the entrances of apartment buildings.

Approve a permanent storage location for copies of the minutes of all general meetings of owners of the premises of the Apartment building: at the address of the location of the management organization of VK Comfort JSC.

This clause obliges the management company to store all minutes of meetings and provide copies of these minutes at the request of the owners of the premises.

Considering this formulation of the issue in the agenda, the phrase “actual” location is missing.

Agree on the project for glazing the balcony in apartment No. 818, section 17, owner S.V. Andreev. in accordance with the requirements of current legislation.

The owner of apartment No. 818 faced a big problem: due to poor design of the balcony, all waste water goes to the apartment’s balcony. The owner has a balcony with a continuous fence, and the drain from the balcony is at a height of ~5-7 cm. In addition to improper drainage, the balcony floor slopes into the apartment, which leads to floods in the kitchen and bedroom. These floods lead to frequent repairs, cleaning of mold and at least changing the wallpaper; they have already been replaced 4 times. The developer comes and convinces the owner that everything was built according to the project and correctly. At the moment there are trials with the developer. The owner was forced to move into an apartment due to family circumstances, and deal with the flow of water and its consequences. The owner has prepared a project for a canopy and glazing of the balcony, which will not greatly change the appearance of the section, but will save the owner from spending money on repairs after every rain. The situation is the same at house No. 3, the owner wants to do exactly the same as in this house. House No. 3 and section 17 are mirrored. The architectural bureau said that let the owners decide. To solve the problem, this point must be adopted at the OSS, so that the owner can begin to implement his project.

Approve the use of the State Information System for Housing and Communal Services (hereinafter referred to as the GIS Housing and Communal Services) when holding a general meeting of owners of premises in an Apartment Building in the form of absentee voting, and in accordance with this:

This item implies the ability to vote on agenda items in absentia, that is, through the portal of the GIS Housing and Communal Services (Part 3 of Article 47 of the Housing Code of the Russian Federation), which will allow us to conduct the OSS more productively and will not require direct physical presence at the meeting.

– to determine the managing organization of JSC “VK Comfort”, INN 7706724054 as a person who, on behalf of the owners of premises in an apartment building, is authorized to use the GIS Housing and Communal Services when holding a general meeting of owners of premises in an apartment building in the form of absentee voting (hereinafter referred to as the Administrator );

In continuation of the paragraph, it is proposed to choose the management company to become the Administrator of the general meeting. The function “ Administrator of the general meeting of owners of premises in an apartment building” allows the user to create and post messages about the conduct of the general meeting, enter and view user decisions transmitted in writing, create and post protocols of the general meeting, as well as make changes to the posted protocols. More details in Article 47.1 of the RF Housing Code

Considering this formulation of the issue on the agenda, the creation of an extraordinary and simple OSS, including the inclusion of issues on the agenda, falls on the shoulders of the Criminal Code. The management company is an interested party, in the absence of inconvenient issues on the agenda, and simply in the OSS in general. It is better to ask the Administration (Painting Department) to allocate a person for the role of OSS Administrator, or to grant this right to the Chairman of the Board of Directors.

– reception by the Administrator of the general meeting of messages about holding general meetings of owners of premises in an apartment building, decisions of owners of premises in an apartment building on issues put to vote, in accordance with the procedure provided for in Article 47.1 of the Housing Code of the Russian Federation;

This point is difficult to decipher.

– establish the duration of voting on issues on the agenda of the general meeting of owners of premises in an apartment building in the form of absentee voting using the GIS Housing and Communal Services, in accordance with the deadlines established by Article 47.1 of the Housing Code of the Russian Federation.

This paragraph implies choosing the duration of voting in absentia, that is, how many days the OSS will take place in the IS from seven to sixty days, according to Part 8 of Article 47.1 of the Housing Code of the Russian Federation.

MKD: what is it in housing and communal services?

The terminology regarding a residential building is disclosed in detail in Art. 16 Housing Code of the Russian Federation. In particular, it means a building that is used for the purpose of living and serving household needs. At the same time, there is no distinction between whether it is a private house building or an apartment building.

Difference from a residential building

A house for one owner differs from an MKD in the following ways:

Sole owner. There is a nuance in this situation: there may be several owners, but the house building itself with the adjacent plot of land may belong to them as shared ownership. In other words, a private house belongs to the category of indivisible, and each owner will have rights to it only in parts. Based on this, a house for two owners is considered multi-apartment.
A private building is recognized as a single apartment - a room that is used for living, has a separate entrance, and also consists of several living rooms. There are several or more apartments in the MKD.
The MKD is managed by a management company or the House Council, and the private building is owned by one owner.
In apartment buildings, common property is provided, but in a private building it is absent. This sign is considered key.

You need to know that classifying a house as an apartment building or a private building is a key issue. If an apartment building is erected on a site that is intended for a private house, it is subject to demolition.

For this reason, if there are private houses near the new building in which you want to buy an apartment, then you should ask the seller what kind of construction the land is intended for. If possible, we recommend that you familiarize yourself with all necessary documentation.

How to pay for utilities through State Services? See here.

Mkd uk Chernigovskaya in the receipt for the communal apartment where it is located

If management companies argue among themselves when resolving the issue of servicing an apartment building, this does not mean that the subscriber can be subject to the obligation to double pay for the provided utilities (see the appeal ruling of the Perm Regional Court dated 08/07/2013 in case No. 33-6889).

In his opinion, this information, which determines certain amounts in receipts prepared monthly by management companies, must be posted in open sources. People paying for housing and communal services should be able to compare.

General questions about MKD

Owners of apartment buildings are often not always aware of problems that directly affect the common property of the building and the formation of a homeowners association.

This is due to the fact that many issues have not yet been resolved; in particular, many do not know what common property entails.

According to Russian legislation, this category usually includes:

corridors, attics, basements and so on;
load-bearing and other types of structures - foundations, slabs, etc.;
roof;
electrical, mechanical and other equipment that is being maintained in the MKD;
the plot of land on which the house is located.

In the case of the formation of a HOA for the purpose of organizing the management of the structure, the house remains in shared ownership.

Major renovation

Back in 2014, modern approaches to the legal regulation of relations gained legal force. From this period, owners are required to pay a fee for major repairs of common areas.

In other words, major repairs in an apartment building are considered mandatory.

According to the Government of the Russian Federation, completed payments make it possible to launch a collective type of investment procedure.

Thanks to this, the housing and communal services sector has the opportunity to develop in the required direction, and repair work will be carried out under the strict control of the relevant authorities.

Housing maintenance

The definition of maintaining an apartment in an apartment building means a set of actions that are aimed at maintaining the property in proper form:

carrying out major repairs, including current ones;
compliance with measures aimed at correcting various malfunctions.

According to Russian legislation, housing maintenance includes:

conducting inspections by companies that are directly responsible for the life and health of residents;
organization of measures to ensure public lighting;
carrying out sanitary, cleaning and other measures in common areas with the adjacent territory;
guaranteed provision of the required temperature conditions within established standards;
organizing waste removal (liquid and dry) for owners of residential premises and companies located in an apartment building;
fulfillment of assumed seasonal obligations for the maintenance of local areas.

This list of services is the key one provided by the management company.

At the same time, the management company necessarily undertakes the following types of work:

carrying out repair work on roofs, gutters and attics;
work that is necessary to strengthen the facades of the structure, as well as: removal of decorative elements, tiles, bricks, and so on;
treating trees with antiseptic;
sealing seams, strengthening hatches and other things.

It is necessary to pay attention to the fact that the management company, together with the residents, have the right to include additional conditions in the contract that do not contradict Russian legislation.

The decision to include additional conditions must be made exclusively at the general meeting. If both parties reach agreement, new adjustments will be included in the agreement and supported by appropriate signatures.

How to pay housing and communal services using a personal account? Information here.

Who can receive a subsidy for housing and communal services? Details in this article.

Mkd uk Chernigovskaya in the receipt for the communal apartment where it is located

The first part of the receipt for housing and communal services includes information about the details of the company providing the services; they are needed so that the user can pay for utilities.

Interesting read: Contract for hiring an individual to work

The second block contains general information about the utility consumer (the owner or tenant of the residential premises), as well as the number of people living or registered in the apartment.
The third block is the most important.
maintenance of structural parts of the building and in-house engineering equipment;
cleaning and maintaining order in the area adjacent to the house;
maintenance of indoor gas equipment;
disinsection and deratization (fighting insects and rodents);
landscaping of the yard and adjacent areas;
bringing public places into proper shape;
timely garbage removal;
maintenance of ventilation ducts and chimneys;
elevator maintenance (if there is one in the apartment building);
maintenance of the garbage chute (if there is one in the apartment building);
electric lighting of common areas.

Formation of tariffs

Every year, tariffs are set at a general meeting of residential property owners. If a citizen lives in a municipal or state apartment, then in addition to major repairs and maintenance, the tariff includes payment for real estate, which is provided under the rights of a social tenancy agreement.

Residents of such premises cannot receive receipts for payment for major repairs, since the burden of maintaining the premises rests entirely with the owner, represented by the state or municipality.

The tariff in 2020 is formed in several areas:

payment for housing under a social rental agreement;
payment for current repairs;
payment for the maintenance of common premises;
payment for major repairs.

It must be remembered that if a fee for, for example, cleaning stairwells is highlighted in the receipt as a separate item, it is considered a violation, since this provision is already automatically included in the item of maintenance costs. In other words, this is an attempt to charge double fees from residents.

How to understand an apartment receipt

Housing and communal services receipt

is an official payment document that reflects information about the amount of debts of consumers for past billing periods to housing companies that provide utility services. Since different types of services can be provided by different companies, the consumer receives several receipts.

To calculate sewerage, you need to multiply the amount of water that was received according to the meter readings in your apartment by the sewerage tariff. First we calculate for cold water, then for hot water. We add up the resulting values. Their sum will determine the amount of payment for sewerage in the receipt:

In the video about the agreement with housing and communal services for the maintenance of apartment buildings

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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