Water and electricity will be turned off for debts on major repairs

What are the consequences of failure to pay for major repairs?

Let's look at what happens if you don't pay into the capital repair fund, and what consequences happen for debtors.

Immediately after the introduction of this payment, many questions arose about the need to pay it and the possible consequences for debtors.

Is the payment for major repairs mandatory or voluntary?

Are homeowners required to pay into the fund for capital repairs of an apartment building? Who is exempt from contributions and why?

And what powers he has. And the fact that you need to pay for major repairs is stated without any misinterpretation in the federal legislation of the Russian Federation, which has not yet lost its force.

Who has the right not to pay? Who is not obliged to pay for major repairs of common property in an apartment building?

There are such “castes” (Federal Law No. 399-FZ of December 29, 2015). Payment for major repairs for homeowners is not mandatory for:

residents of emergency housing (money will be returned if the “extortions” began after the housing was declared unsuitable or dangerous for habitation!); living in housing seized by the state; single citizens who have reached the age of 80.

How to find out the debt for major repairs via the Internet

Each fund has its own official website, through which you can view all the information the user needs. The sites are slightly different from each other, but the principle of operation of each of them is identical. To find out your debt remotely online you need to:

Find the website of the fund where he pays money. You can use the search engines Yandex and Google.
Since data can only be viewed in your personal account, you must register on the site. To do this, you need to find the “Registration” button in the upper right corner.
On the page that opens, you need to enter your email address (mobile phone number), come up with a password for your personal account (one part of it should consist of letters, the other of numbers), enter your full name and confirm registration.
Next you need to check your email inbox. A letter confirming registration should have arrived there. To complete successfully, you must click on the link provided in the letter. After this, registration will be completed, and the user will be given access to his personal account.
To view the debt for major repairs, you need to link a personal account to your account. You can find it in the receipt that arrives monthly at the apartment address, or in the capital repair fund itself. Subsequently, when logging into your personal account, the user will always be able to view current information about the status of his account.

You can get information about debt for major repairs on the official websites of the funds

The procedure for registering and linking a personal account is absolutely free. At the same time, through the website you can not only view the debt, but also pay it.

Can they sue for non-payment of capital repairs?

Just like payment for housing and communal services, payment for major repairs is a mandatory procedure.

In addition, the Housing Code talks about the responsibility that falls on homeowners regarding its maintenance and improvement of the local area.

The amount of contributions directly depends on the subject of the Russian Federation. Local authorities approve a fixed amount of payment, guided by the square footage of the housing in which each individual owner lives.

Why is there an opinion among some owners that paying for major repairs is an optional procedure? This is due to the fact that the capital repair fund is considered a voluntary association. Therefore, many residents are convinced that making contributions for major repairs can be carried out on a voluntary and not a forced basis.

What liability is imposed for failure to pay contributions to the capital repair fund of an apartment building? what happens if you don't pay? What are the consequences of refusing to pay for major repairs? (2018)

Which in itself is the basis for paying fees.

The amount of contributions is calculated at the regional level.

Each region determines a fixed tariff amount per square meter of area. Many citizens think that since the fund is a voluntary structure, then contributions for major repairs are also voluntary. This hypothesis is partially true.

Every ruble received into the account is visible on the balance sheet of the company’s official website, and visual reports on work and spending of funds are also presented there. Failure to pay the overhaul fee will result in a penalty.

Options for clarifying debt for major repairs

There are situations when, for some reason, the owner did not pay for the repair of the building. In order not to accumulate even more debt and not to pay increasing penalties, you need to pay all previous debt along with penalties. Is the penalty for major repairs legal? Read. There are several ways to find out the amount of debt. Let's briefly talk about them:

Debt

If, in addition to contributions for major repairs, the owner has other debts (for utilities), he will also have to find out the amount of the accumulated debt. he can do so in a variety of ways, both via the Internet and by directly contacting the utility organization.

The amount of debt can be found out from the receipt, which the management company must deliver monthly to each apartment owner at the housing address.
If such a receipt does not arrive, you need to contact the financial service of the management company in person or by phone.
Another option is to contact the Capital Improvement Fund. This can be done by telephone or by visiting the institution in person.
Next, let's look at how to find out the debt for major repairs via the Internet:
then you need to register, thereby creating your personal account;
go to your personal account, open the tabs one by one: “Payments – payment for housing and communal services – service provider – name of service”;
In the special fields, indicate your address and personal account number;
the service will ask you to enter the payment period and then display the result of the request.

What could be the consequences of failure to pay for major repairs - court?

There may be few exceptions to stopping or deferring payments:

Ownership of housing construction by municipal authorities;
Non-privatized property;
The decision of the local authority on .
Emergency condition of the house;

In all other cases, the law obliges apartment owners to pay monthly.

When the amount of debt exceeds 10 thousand rubles, bailiffs have the right to restrict a citizen’s rights to travel abroad;
Penalty;
Additionally, bans may be imposed on the sale of movable and immovable property.
Sale of rights to claim debt to collection organizations;
Court decision plus legal fees;
Debt collection with the help of the enforcement service;

What liability is imposed for failure to pay contributions to the capital repair fund of an apartment building?

What happens if you don't pay? What are the consequences of refusing to pay for major repairs?

After the introduction of mandatory payments for mandatory capital repairs, many people express their protest.

Residents of new houses do not understand where their funds will go, because the house has just been commissioned, and citizens, accustomed to eliminating problems efficiently and at their own expense, also do not want to pay for someone else’s work.

There is a separate category of citizens who directly say: I don’t want and won’t pay. These people simply do not trust their management company or HOA, and therefore do not at all want to pay money for the needs of major repairs.

Tariffs for major repairs vary depending on the city in which you live. The highest prices apply to residents of the capital, slightly less - in regional cities. Not all funds donated for major repairs are spent rationally, and citizens understandably want to protect themselves from deception, so they refuse to pay bills.

Payment for major repairs in new houses: nuances of charges

Let's consider from what time the fee for major repairs is charged. The current law does not exempt new residents from paying contributions for major repairs. It is planned that each subject of the Russian Federation can independently determine the period ranging from 3 to 5 years from the date of commissioning. The minimum period is 3 years, because this is how long the built house is guaranteed by the organization that built it.

There are many nuances that can significantly reduce this period. The surest way to find out when it is legal to collect money for major repairs is to look on the official website of the Capital Repair Fund in your region to see if your apartment building is included in the major repair program. If enabled, then charging is legal.

What are the consequences of failure to pay contributions for major repairs in an apartment building?

With the introduction of the law regarding the mandatory payment of contributions for major repairs, many citizens had a logical question - what will happen if they are not paid?

First of all, it is necessary to identify the circle of persons who are obliged to pay contributions - these are citizens who are owners of residential premises, with the exception of beneficiaries (they will be discussed below). If a person rents an apartment, then, accordingly, there is no need to pay contributions.

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

If the required contributions are not paid, the owner of the premises will have to pay a fine to the regional fund - for each day of delay, amounting to 1/300 of the refinancing rate of the Central Bank of Russia. In addition, a claim may be filed with a judicial authority against a person who does not pay the fees, on the basis of which a decision will be made not only on the payment of the fees and fines themselves, but also legal costs. And if a citizen does not pay the debt before the writ of execution is handed over to the bailiffs, then the following may be applied to him:

ban on traveling abroad;
arrest and seizure of property;
arrest of accounts.

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Whether one measure or another will be applied depends on the size of the debt for major repairs, but, as a rule, prohibition and seizure of property are rarely used; the main measure that is used most often is the seizure of accounts of defaulters.

Are there ways to avoid paying for major repairs?

The main way to avoid paying for repairs is deprivatization - i.e. the citizen returns the property back to the state, after which he ceases to be the owner of the property, but the obligation to pay is also removed from him. After deprivatization, the new owner, the state, will pay for the apartment; the citizen will continue to live in the apartment, but he will not be able to perform any actions (sale, donation, etc.) with it.

In addition, citizens whose houses were recognized as unsafe are exempt from the obligation to pay for major repairs, and if the corresponding contributions have already been made, then the funds can be returned back - including those previously paid by another owner.

Benefits for paying for major repairs

The law provides a list of categories of citizens who have benefits for paying for major repairs - these include:

single pensioners over 70 years of age;
children with disabilities, as well as their parents;
Chernobyl victims;
citizens who are war veterans and their relatives;
persons who participated in nuclear tests at the Semipalatinsk test site;
citizens with disabilities of the 1st or 2nd group.

The portal bukva-zakona.com draws your attention to the fact that the above categories of citizens may be exempt from paying for major repairs, either fully or partially. So, if a single pensioner is over 80 years old, then he is completely exempt from paying for major repairs; if not, then he is given a 50% discount. In other cases mentioned above, citizens also have the right to receive a 50% discount.

In the near future, they plan to make changes to the law regarding single pensioners and major repairs - according to them, the discount will be provided not only to persons living alone, but also to citizens with whom minor children and grandchildren live. Until now, such persons have lost the opportunity to receive benefits for major repairs because were considered not alone - at the same time, the presence of children and/or grandchildren did not improve their financial situation, but, on the contrary, worsened it - after all, minors do not have a regular income and a large amount of money is spent on their maintenance. To remove these obstacles, the deputies decided to reconsider this point.

If a person belongs to one of the above categories, he must submit a written application to the regional capital repair fund, attaching documentation confirming the right to benefits and documents for the apartment. If this is not done, the discount will not be assigned because This does not happen automatically, and the citizen will receive receipts with the full cost. If a person has benefits, then he also has the right to apply for recalculation for previous periods - also by submitting an application to the capital repair fund.

Do residents of new buildings need to pay for major repairs?

When considering the issue of payments for major repairs, one cannot help but pay attention to new buildings. Residents of new buildings have the right not to pay for major repairs for 5 years from the date of delivery of the house, after which they, like other citizens, will be required to pay because Over the specified period of time, some communications may wear out and require additional investments:

foundation;
roof;
facade;
basement;
drainage;
energy supply;
elevator and elevator shaft;
sewer network;
gas supply, etc.

If residents of new buildings begin to receive receipts for major repairs earlier than after 5 years, then they have the right to apply to the capital repair fund, attaching documents for the apartment.

How and when to pay

Since September 2014, payment for major repairs has been a mandatory requirement for every owner of residential or non-residential premises in an apartment building. The specified payment must be transferred monthly according to the following rules:

the basic tariff for paying for major repairs is approved by regional authorities and may differ in different regions of the Russian Federation;
by a general decision of the residents, the specified tariff can be increased - for carrying out additional types of work during major repairs, for carrying out early repairs, etc.;
the payment amount is calculated based on the living space per owner - the larger the apartment, the higher the payment amount will be;
Administration of payments for major repairs is carried out by the regional operator (Capital Repair Fund), or the general meeting of owners (if they voted to open their own savings account).

Although the tariff for major repairs differs among the constituent entities of the Russian Federation, the procedure for applying penalties will be the same. Let's look at what happens if you don't pay into the capital repair fund, and what consequences happen for debtors.

How to find out the amount owed

There are several ways to obtain information about the amount of debt:

By the address. When an apartment owner contacts the regional office of the capital repair fund, the company’s employees are required to provide all the necessary information about the status of the account, the rates for calculating the tariff, and the presence or absence of debt.
According to personal account. The personal account number allows you to request information about a property linked to this account both in the regional department of capital repairs and in any other department located anywhere in the Russian Federation. The unified settlement center considers requests based on a registered letter from the property owner.
Through the Internet. The fund's website contains information about the status of each current account. In addition, you can find out the amount of debt by using the Internet portal “Public Services”. In both cases, you must go through the authorization procedure on the site. A non-registered user of online resources needs to create his own account.

Any information about the property included in the capital repair program is provided to the owner upon request and free of charge.

Important: being a responsible payer and regularly making contributions to the capital repair fund, it is necessary to check the status of the account with the same regularity in order to avoid controversial issues.

Consequences of non-payment

Immediately after the introduction of this payment, many questions arose about the need to pay it and the possible consequences for debtors. This was due to the long waiting period for major repairs - regional authorities include every house that requires repairs in the register. The waiting period for repair work can be up to 25 years, during which you need to transfer money monthly to the account of the regional operator.

Currently, failure to pay for major repairs will have the following consequences:

for each day of delay, a penalty will be charged - 1/300 of the key rate of the Central Bank of the Russian Federation (the specified penalty will be accrued until the debt amount is fully repaid);
debt to pay for major repairs and penalties can be collected in court, after which they are sent for forced deduction from income or at the expense of property;
If, at the time of the deadline for major repairs, apartment owners are in arrears on payments, their participation in the program may be suspended for full repayment of debts.

Thus, adverse consequences may threaten not only the debtor himself, but also other residents of the apartment building.

Who will apply these sanctions? If the owners of the premises in the apartment building have not decided to open their own savings account, any demands for debt repayment and penalties will be presented by the regional operator of the Capital Repair Fund. Such funds have been created in each constituent entity of the Russian Federation and are authorized to control the timeliness and correctness of payment of contributions.

If residents have opened their own savings account, they are obliged to take measures to ensure timely payment of contributions. When the scheduled overhaul time comes, residents notify the regional operator about the choice of contractor. If at this moment the funds for repairs have not been fully collected, i.e. there is arrears in contributions, residents will not receive funds from the federal or regional state support program.

To pay for major repairs of apartment buildings or not - practical nuances

The next factor that determines the amount of monthly payment for major repairs is the presence of an elevator in the house. Naturally, residents of high-rise buildings that have a passenger and, in some cases, a freight elevator will have to shell out a larger sum compared to city dwellers who climb the stairs to their apartments every day.

Roof. The house is often called the roof over your head, thereby emphasizing the importance of this part of the building. Therefore, roof repair work of any complexity is carried out using funds accumulated for major repairs.
Facade. A people's home should not only be durable and strong, but also beautiful and bright. That is why work aimed at beautifying and updating the facade of the house is also included in the overhaul and is financed from the general account of the residents.
Foundation. The strength of even the highest mountain depends on the strength of its foundation, and the durability and good performance of a house or any other structure depends on the physical condition of the foundation. This explains the inclusion of all types of foundation repair work in the overhaul.
Elevator. If for residents of private houses the main parts of the house are only the walls and the roof, then for residents of high-rise buildings, in addition to these most important four sides, there is another important element, more precisely a lifting mechanism. Therefore, its repair, maintenance and, if necessary, replacement are also carried out from funds collected for major repairs.
Common basement areas. The point where many pipes and other communications are concentrated are the basements; therefore, the “circulatory system” of the house largely depends on maintaining the basement floors in good condition. That is why basement repairs are also carried out during major repairs from the funds of the general house piggy bank.
In-house engineering systems. Comfortable living of citizens in their apartments is possible only if all engineering systems of the house are working well, that is, water supply, heat pipes and other communications of the house must be in good condition. This explains the maintenance of the house’s engineering systems in full working order using funds allocated for major repairs.
Installation of common house metering devices. Today in our country all utility bills are paid according to meter readings. In this case, not only apartment meters are taken into account, but also general building meters. To ensure that these meters are in good working order, their installation and maintenance are financed from funds collected for major repairs.

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How sanctions are applied

The obligation to transfer contributions must be fulfilled monthly. Even in a single case of delay, the debtor begins to accrue a penalty. At the same time, a written notice is sent demanding repayment of the debt. If funds for major repairs are not transferred, the regional operator takes the following measures:

sends to the magistrate's court an application for the issuance of a court order for the entire amount of the debt and interest, or files a statement of claim;
on the basis of a judicial act, a writ of execution will be received, these documents are sent to the FSSP service to initiate enforcement proceedings;
forced collection through bailiffs occurs by withholding wages or other types of income (in an amount not exceeding 50% monthly), or at the expense of property assets.

The capital repair program provides benefits for paying a monthly contribution only for limited categories of citizens (for example, for persons over the age of 70 or 80 years, disabled people, etc.). If the debt arose due to incorrect application of the benefit, you must immediately notify the regional operator about this or submit objections to the court.

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The amount of interest will be accrued for the entire period of debt . If the principal debt is collected in court and is not paid by the owners, a claim may be filed for an additional penalty amount. Consequently, the bailiffs may be executing several judicial acts at the same time.

Having received the judicial act and writ of execution, the bailiffs must initiate enforcement proceedings - the resolution will be sent to the debtor by mail. If the amount of debt is relatively small, and the owner is officially employed, the resolution will be sent to his place of work for deduction. Bailiffs can also seize the debtor’s property assets, and if the debt is not paid, sell them at public auction. Suspension of utilities or forced eviction from a residential premises in case of debt for major repairs is not allowed.

If the owners of the house themselves collect monthly payments, they appoint persons responsible for the forced collection of these amounts from debtors. To do this, a written demand is sent, and if it is not fulfilled, a statement of claim is sent to the magistrate or district court. The collected amounts are transferred not to the collector, but to a savings account.

If a statement of claim is sent to the court for the collection of debt and penalties for contributions for major repairs, the debtor may file a petition for a deferment or installment plan. To do this, you need to confirm the validity of the reasons why the debtor cannot fulfill this obligation in a timely manner.

As a rule, the court grants a deferment or installment plan if the debtor cannot find work for a long time and is registered with the employment service, or is undergoing treatment in a medical institution, etc. The judicial act specifies the amount of debt and penalties, as well as the period by which the decision must be executed in full.

Can the court refuse to collect debt and penalties if the apartment building is in unsatisfactory condition? According to the law, citizens living in dilapidated houses that are subject to demolition without restoration are exempt from paying contributions for major repairs. For this purpose, individual legal acts with a list of such objects are adopted at the regional level. The property owners themselves cannot make such a decision - if the house is not included in the specified exclusive list, contributions are paid on a general basis.

Can they sue for non-payment of capital repairs?

Making contributions for major home repairs is a legally approved mandatory procedure that homeowners in an apartment building must regularly perform. Despite this, many residents are convinced that they can avoid paying for major repairs, and legally.

In this article we will answer the following questions: what law regulates the obligation to pay contributions for major repairs? what could be the consequences of their non-payment? Can the capital repair fund sue willful defaulters? Is it possible to avoid having to pay for major repairs legally? Find answers to these and other questions in this article.

Options for the mechanism for deducting contributions for major repairs

There are two options for the mechanism for accumulating funds received for major repairs from the owners of residential premises:

the first - on a special account for a specific house;
the second - in the general account of the regional capital repair fund. The distribution of money for repairs is carried out according to the decision of this fund.

The decision to choose the first option must be made by the residents themselves. This is provided for in Art. 173 Housing Code of the Russian Federation.

How to open a special account for home renovations

Opening a special account involves a number of activities:

Advantages of a special account

The main advantage of a special account is that residents of the house have access to their accumulated funds at any time. In this case, there is no need to write applications for the issuance of funds for any type of repair, and also to wait for a certain period, as is the case with a regional operator.

it is necessary to hold a general meeting of owners of an apartment building (MKD) (Article 45 of the Housing Code of the Russian Federation). Notice of the meeting must be published 10 days before the scheduled date. It can be in the form of public announcements in a specially designated place, or in the form of a registered letter or verbal notification “against signature”;
the meeting is held by a group of owners who must come with a passport and title document for the apartment;
the presence of the owners is recorded in a special protocol. If the number of people present is more than 50%, then the meeting is considered competent to make decisions;
the following issues should be resolved at the meeting: the amount of monthly contributions from owners for major repairs,
determination of the list of necessary works indicating the deadlines,
choosing the bank in which the special account will be opened,
selection of account owner;

all decisions must be recorded.

Knowing how to open a special account for major repairs, you can purposefully monitor the technical condition of your home and make major repairs to it in a timely manner.

The video discusses the fact that major home renovations can be started much faster if you open a special account

What law regulates the obligation to pay?

The procedure for making contributions for major repairs is regulated by the norms of the Housing Code of the Russian Federation. Just like payment for housing and communal services, payment for major repairs is a mandatory procedure.

In addition, the Housing Code talks about the responsibility that falls on homeowners regarding its maintenance and improvement of the local area.

By paying a fee for major repairs, the owners of an apartment building receive the right to control the collected funds and spend them on specific tasks (land improvement, etc.).

What could be the consequences of non-payment?

Failure to pay for major repairs will result in penalties for the owner, namely the accrual of penalties . You can see the fine by receiving a receipt from the housing and communal services department. The accrual of penalties, as a rule, begins six months after the owner fails to pay for repairs.

INFO! The size of the fine and the period after which it begins to accrue differ in each subject of the Russian Federation and are established by local authorities.

In addition to a fine, for persistent defaulters of major repairs, ignoring this obligation may result in a claim from the fund . According to the Law, the owner can file a counterclaim to challenge the fund's claim. However, as practice shows, in the overwhelming majority of cases, the tenant fails to defend his opinion and the fund collects from him the full amount of debt under the Kyrgyz Republic.
If after this the owner continues to ignore the obligation to pay for major repairs and the resulting debt, the next penalty will be the seizure of personal property (to repay the debt) or blocking of a bank account . In this case, the debtor will have to pay not only the debt for major repairs, but also the services of a legal specialist to protect his interests in court.
An owner with a debt for major repairs may have difficulties selling an apartment . When receiving certificates from the housing and communal services department, its employees may refuse the tenant, citing the need to repay the debt under the Kyrgyz Republic (for legitimate reasons). A potential buyer of an apartment will also require the buyer to provide documents confirming the absence of any encumbrances on the acquired real estate, in particular the existing debt for major repairs;
Imposing a ban on leaving the country . A similar measure can be applied if the amount of debt for major repairs exceeds ten thousand rubles;
Eviction from the apartment. This is quite an extreme measure, which can only be applied if the amount of debt incurred for major repairs amounts to the market value of the property. The fund can achieve the eviction of a persistent defaulter only in court by filing an appropriate claim. First, the home is put up for sale, after which the amount of debt, legal costs, penalties, etc. are added. If after paying off all the above items there is some amount of money left, it is not transferred to the account of the former owner of the apartment.

Is it possible to avoid paying legally?

In accordance with current legislation, some categories of citizens are exempt from the need to pay bills for major repairs. These include:

WWII veterans;
honorary citizens of the region and country;
owners of emergency housing (officially recognized);
owners of primary housing;
citizens who have passed the eighty year mark;
residents of non-privatized housing;
other categories of citizens approved by local authorities.