1. Holding overhaul common property V apartment building carried out on the basis of a decision general meeting owners of premises in an apartment building, with the exception of cases provided for in part 6 this article.

2. The owners of premises in an apartment building at any time have the right to make a decision to carry out a major overhaul of common property in an apartment building at the suggestion of a person who manages an apartment building or provides services and (or) performs work on the maintenance and repair of common property in an apartment building, regional operator or on their own initiative.

3. Not less than six months (unless another period is established by the regulatory legal act of the subject Russian Federation) before the start of the year during which a major overhaul of common property in an apartment building must be carried out in accordance with regional program overhaul, a person who manages an apartment building or provides services and (or) performs work on the maintenance and repair of common property in an apartment building, or a regional operator (in the event that the owners of premises in an apartment building form a capital repair fund on the account of a regional operator) submits proposals to such owners on the date of commencement of the overhaul, required list and on the scope of services and (or) work, their cost, on the procedure and sources of financing for the overhaul of common property in an apartment building and other proposals related to such overhaul, in the manner established by the regulatory legal act of the constituent entity of the Russian Federation.

4. The owners of premises in an apartment building no later than three months from the date of receipt of the proposals specified in paragraph 3 of this article (unless a longer period is established by a regulatory legal act of a constituent entity of the Russian Federation) are obliged to consider these proposals and take a decision at the general meeting in in accordance with paragraph 5 of this article.

5. In the event of the formation of a capital repair fund on the account of a regional operator, by decision of the general meeting of owners of premises in an apartment building on the overhaul of common property in this apartment building, the following must be determined or approved:

2) the maximum allowable cost of services and (or) major repairs based on the marginal cost of services and (or) major repairs of common property in an apartment building, determined in the manner prescribed by paragraph 4 of Article 190 of this Code;

3) a person who, on behalf of all owners of premises in an apartment building, is authorized to participate in the acceptance of services rendered and (or) completed capital repairs, including signing the relevant acts.

5.1. In the event of the formation of a capital repair fund on a special account, by decision of the general meeting of owners of premises in an apartment building on the overhaul of common property in this apartment building, the following must be determined or approved:

1) a list of services and (or) major repairs;

2) the maximum allowable cost of services and (or) major repairs;

3) the timing of the overhaul;

4) sources of financing for capital repairs;

5) a person who, on behalf of all owners of premises in an apartment building, is authorized to participate in the acceptance of services rendered and (or) completed capital repairs, including signing the relevant acts.

6. If, within the period specified in paragraph 4 of this article, the owners of premises in an apartment building, forming a capital repair fund on the account of a regional operator, have not made a decision to carry out a major overhaul of the common property in this apartment building, the local government within months from the date of expiration of the specified period, makes a decision to carry out such a major overhaul in accordance with the regional overhaul program, notifying the owners of the premises in this apartment building about decision, including using the system. In the event of an accident, other emergencies of a natural or man-made nature, a decision on the issues provided for in clauses 1 and 2 of part 5 of this article is made in the manner established by the regulatory legal act of the constituent entity of the Russian Federation. IN this case overhaul apartment building is carried out without its inclusion in the short-term plan for the implementation of the regional capital repair program and only to the extent necessary to eliminate the consequences arising from an accident, other natural or man-made emergencies, at the expense of the regional operator, determined by Article 185 of this Code and the law of the subject of the Russian Federation as Money to provide financial stability activities of the regional operator, and is taken into account in the annual updating of the regional overhaul program.

7. In the event that the overhaul of common property in an apartment building, the owners of the premises in which form the overhaul fund on a special account, is not carried out within the time period provided for by the regional overhaul program, and at the same time, in accordance with the procedure for establishing the need for overhaul of the general property in an apartment building requires the provision of any type of service and (or) the performance of any type of work provided for this apartment building by the regional capital repair program, the local government within one month from the date of receipt of the relevant notification decides on the formation of a capital fund repair on the account of the regional operator and sends such a decision to the owner of the special account. The owner of a special account is obliged to transfer the funds on the special account to the account of the regional operator within one month from the date of receipt of such a decision by the local government. The decision to overhaul the common property in this apartment building is made in accordance with parts 3-6 of this article. In the event that the owner of a special account has not transferred the funds on the special account to the account of the regional operator within the time period established by this part, the regional operator, any owner of premises in an apartment building, a local government body has the right to apply to the court for the recovery of funds, located on a special account, with their transfer to the account of the regional operator. The provisions of this part shall not apply if there is an outstanding credit and (or) loan, the repayment of which is carried out at the expense of funds received on the corresponding special account.

8. Within ten days from the date of signing the act of acceptance of the services rendered and (or) work performed on the overhaul of the common property in the apartment building, the regional operator is obliged to transfer to the person managing this apartment building copies of documents on the overhaul of the common property in the apartment building (including copies of the design, budget documentation, contracts for the provision of services and (or) on the performance of major repairs, acts of acceptance of services rendered and (or) performed works) and other documents related to the major repairs, with the exception of financial documents.

Article 189

1. The overhaul of common property in an apartment building is carried out on the basis of a decision of the general meeting of owners of premises in an apartment building, with the exception of cases provided for by paragraph 6 of this article.

The owners of premises in an apartment building at any time have the right to make a decision to carry out a major overhaul of common property in an apartment building at the suggestion of a person who manages an apartment building or provides services and (or) performs work on the maintenance and repair of common property in an apartment building, a regional operator or on their own initiative.

3. At least six months (unless a different period is established by a regulatory legal act of a constituent entity of the Russian Federation) before the start of the year during which a major overhaul of the common property in an apartment building must be carried out in accordance with the regional overhaul program, the person who manages apartment building or the provision of services and (or) the performance of work on the maintenance and repair of common property in an apartment building, or the regional operator (in the event that the owners of premises in an apartment building form a capital repair fund on the account of a regional operator) submits proposals to such owners on the start date overhaul, the necessary list and the scope of services and (or) work, their cost, the procedure and sources of financing the overhaul of common property in an apartment building and other proposals related to such a major overhaul, in the manner prescribed by the regulatory legal act of the subject Russian Federation.

Information about changes:

Article 189 was supplemented by part 5.1 from July 30, 2017 - Federal Law of July 29, 2017 N 257-FZ

1) a list of services and (or) major repairs;

2) the maximum allowable cost of services and (or) major repairs;

3) the timing of the overhaul;

4) sources of financing for capital repairs;

6. If, within the period specified in paragraph 4 of this article, the owners of premises in an apartment building, forming a capital repair fund on the account of a regional operator, have not made a decision to carry out a major overhaul of the common property in this apartment building, the local government within months from the date of expiration of the specified period, makes a decision to carry out such a major overhaul in accordance with the regional program of major overhaul, notifying the owners of the premises in this apartment building of the decision, including using the system. In the event of an accident, other emergency situations of a natural or man-made nature, a decision on the issues provided for in clauses 1 and 2 of part 5 of this article shall be made in the manner established by the regulatory legal act of the constituent entity of the Russian Federation. In this case, the overhaul of an apartment building is carried out without its inclusion in the short-term plan for the implementation of the regional overhaul program and only to the extent necessary to eliminate the consequences arising from an accident, other natural or man-made emergencies, at the expense of the regional operator, determined by Article 185 of this Code and the law of the constituent entity of the Russian Federation as funds to ensure the financial stability of the regional operator's activities, and is taken into account in the annual updating of the regional overhaul program.

Information about changes:

Federal Law No. 176-FZ of June 29, 2015 supplemented Article 189 of this Code with Part 8

8. Within ten days from the date of signing the act of acceptance of the services rendered and (or) work performed on the overhaul of the common property in the apartment building, the regional operator is obliged to transfer to the person managing this apartment building copies of documents on the overhaul of the common property in the apartment building (including copies of design, estimate documentation, contracts for the provision of services and (or) on the performance of major repairs, acts of acceptance of services rendered and (or) performed works) and other documents related to the major repairs, with the exception of financial documents .

The person managing the MKD wants to recognize invalid decision authorized body on the refusal to include the MKD in the register of special accounts and its inclusion in the list of houses that form the FKR on the account of the regional operator

4. The owners of premises in an apartment building, no later than three months from the date of receipt of the proposals specified in paragraph 3 of this article (unless a longer period is established by a regulatory legal act of a constituent entity of the Russian Federation), are obliged to consider these proposals and take a decision at the general meeting in in accordance with paragraph 5 of this article.

(see text in previous edition)

1) a list of services and (or) major repairs;

2) the maximum allowable cost of services and (or) major repairs;

3) the timing of the overhaul;

4) sources of financing for capital repairs;

6. If, within the period specified in paragraph 4 of this article, the owners of premises in an apartment building, forming a capital repair fund on the account of a regional operator, have not made a decision to carry out a major overhaul of the common property in this apartment building, the local government within months from the date of expiration of the specified period, makes a decision to carry out such a major overhaul in accordance with the regional program of major overhaul, notifying the owners of the premises in this apartment building of the decision, including using the system. In the event of an accident, other emergency situations of a natural or man-made nature, a decision on the issues provided for in clauses 1 and 2 of part 5 of this article shall be made in the manner established by the regulatory legal act of the constituent entity of the Russian Federation. In this case, the overhaul of an apartment building is carried out without its inclusion in the short-term plan for the implementation of the regional overhaul program and only to the extent necessary to eliminate the consequences arising from an accident, other natural or man-made emergencies, at the expense of the regional operator, determined by Article 185 of this Code and the law of the constituent entity of the Russian Federation as funds to ensure the financial stability of the regional operator's activities, and is taken into account in the annual updating of the regional overhaul program.

(see text in previous edition)

7. In the event that the overhaul of common property in an apartment building, the owners of the premises in which form the overhaul fund on a special account, is not carried out within the time period provided for by the regional overhaul program, and at the same time, in accordance with the procedure for establishing the need for overhaul of the general property in an apartment building requires the provision of any type of service and (or) the performance of any type of work provided for this apartment building by the regional capital repair program, the local government within one month from the date of receipt of the relevant notification decides on the formation of a capital fund repair on the account of the regional operator and sends such a decision to the owner of the special account. The owner of a special account is obliged to transfer the funds on the special account to the account of the regional operator within one month from the date of receipt of such a decision by the local government. The decision to overhaul the common property in this apartment building is made in accordance with parts 3 of this article. In the event that the owner of a special account has not transferred the funds on the special account to the account of the regional operator within the time period established by this part, the regional operator, any owner of premises in an apartment building, a local government body has the right to apply to the court for the recovery of funds, located on a special account, with their transfer to the account of the regional operator. The provisions of this part shall not apply if there is an outstanding credit and (or) loan, the repayment of which is carried out at the expense of funds received on the corresponding special account.

(see text in previous edition)

8. Within ten days from the date of signing the act of acceptance of the services rendered and (or) work performed on the overhaul of the common property in the apartment building, the regional operator is obliged to transfer to the person managing this apartment building copies of documents on the overhaul of the common property in the apartment building (including copies of design, estimate documentation, contracts for the provision of services and (or) on the performance of major repairs, acts of acceptance of services rendered and (or) performed works) and other documents related to the major repairs, with the exception of financial documents .

Article 189

checked today
code dated 01.01.2020
entered into force on 26.12.2012

There are no new versions of the article that have not entered into force.

Compare with the version of the article dated 12/09/2018 12/20/2017 07/30/2017 07/01/2017 06/30/2015 12/30/2013 12/26/2012

The overhaul of common property in an apartment building is carried out on the basis of a decision of the general meeting of owners of premises in an apartment building, with the exception of cases provided for by part 6 of this article.

At least six months (unless another period is established by a regulatory legal act of a constituent entity of the Russian Federation) before the start of the year during which a major overhaul of common property in an apartment building must be carried out in accordance with the regional capital repair program, the person managing the apartment building or the provision of services and (or) the performance of work on the maintenance and repair of common property in an apartment building, or the regional operator (in the event that the owners of premises in an apartment building form a capital repair fund on the account of the regional operator) submits proposals to such owners on the date for the start of capital repairs , the necessary list and the scope of services and (or) work, their cost, the procedure and sources of financing for the overhaul of common property in an apartment building and other proposals related to such a major overhaul, in the manner established by the regulatory legal act of the constituent entity of the Russian Federation .

The owners of premises in an apartment building, no later than three months from the date of receipt of the proposals specified in Part 3 of this Article (unless a longer period is established by a regulatory legal act of a constituent entity of the Russian Federation), are obliged to consider these proposals and take a decision at a general meeting in accordance with part 5 of this article.

In the event of the formation of a capital repair fund on the account of a regional operator, by decision of the general meeting of owners of premises in an apartment building on the overhaul of common property in this apartment building, the following must be determined or approved:

In the case of the formation of a capital repair fund on a special account, by decision of the general meeting of owners of premises in an apartment building on the overhaul of common property in this apartment building, the following must be determined or approved:

1) a list of services and (or) major repairs;
2) the maximum allowable cost of services and (or) major repairs;
3) the timing of the overhaul;
4) sources of financing for capital repairs;
5) a person who, on behalf of all owners of premises in an apartment building, is authorized to participate in the acceptance of services rendered and (or) completed capital repairs, including signing the relevant acts.

If, within the period specified in paragraph 4 of this article, the owners of premises in an apartment building, forming a capital repair fund on the account of a regional operator, have not made a decision to carry out a major overhaul of the common property in this apartment building, the local government within a month from on the day of the expiration of the specified period, makes a decision to carry out such a major overhaul in accordance with the regional overhaul program, notifying the owners of the premises in this apartment building of the decision, including using the system. In the event of an accident, other emergency situations of a natural or man-made nature, a decision on the issues provided for in clauses 1 and 2 of part 5 of this article shall be made in the manner established by the regulatory legal act of the constituent entity of the Russian Federation. In this case, the overhaul of an apartment building is carried out without including it in the short-term plan for the implementation of the regional overhaul program and only to the extent necessary to eliminate the consequences that arose as a result of an accident, other natural or man-made emergencies, at the expense of the regional operator, determined by Article 185 of this Code and the law of the constituent entity of the Russian Federation as funds to ensure the financial stability of the regional operator's activities, and is taken into account in the annual updating of the regional overhaul program.

In the event that the overhaul of common property in an apartment building, the owners of the premises in which form the overhaul fund on a special account, is not carried out within the time period provided for by the regional overhaul program, and at the same time in accordance with the procedure for establishing the need for overhaul of common property in apartment building requires the provision of any type of service and (or) the performance of any type of work provided for this apartment building by the regional capital repair program, the local government, within one month from the date of receipt of the relevant notification, decides on the formation of a capital repair fund for account of the regional operator and sends such a decision to the owner of the special account. The owner of a special account is obliged to transfer the funds on the special account to the account of the regional operator within one month from the date of receipt of such a decision by the local government. The decision to overhaul the common property in this apartment building is made in accordance with parts 3-6 of this article. If the owner of a special account has not transferred the funds on the special account to the account of the regional operator within the time period established by this part, the regional operator, any owner of premises in an apartment building, a local government body has the right to apply to the court with an application for the recovery of funds, located on a special account, with their transfer to the account of the regional operator. The provisions of this part shall not apply if there is an outstanding credit and (or) loan, the repayment of which is carried out at the expense of funds received on the corresponding special account.

Within ten days from the date of signing the act of acceptance of the services rendered and (or) work performed on the overhaul of the common property in the apartment building, the regional operator is obliged to transfer to the person managing this apartment building copies of documents on the overhaul of the common property in the apartment building (in including copies of design, estimate documentation, contracts for the provision of services and (or) on the performance of major repairs, acts of acceptance of services rendered and (or) work performed) and other documents related to the major repairs, with the exception of financial documents.

1) a list of services and (or) major repairs;

2) the maximum allowable cost of services and (or) major repairs;

3) the timing of the overhaul;

4) sources of financing for capital repairs;

6. If, within the period specified in paragraph 4 of this article, the owners of premises in an apartment building, forming a capital repair fund on the account of a regional operator, have not made a decision to carry out a major overhaul of the common property in this apartment building, the local government within months from the date of expiration of the specified period, makes a decision to carry out such a major overhaul in accordance with the regional program of major overhaul, notifying the owners of the premises in this apartment building of the decision, including using the system. In the event of an accident, other emergency situations of a natural or man-made nature, a decision on the issues provided for in clauses 1 and 2 of part 5 of this article shall be made in the manner established by the regulatory legal act of the constituent entity of the Russian Federation. In this case, the overhaul of an apartment building is carried out without its inclusion in the short-term plan for the implementation of the regional overhaul program and only to the extent necessary to eliminate the consequences arising from an accident, other natural or man-made emergencies, at the expense of the regional operator, determined by Article 185 of this Code and the law of the constituent entity of the Russian Federation as funds to ensure the financial stability of the regional operator's activities, and is taken into account in the annual updating of the regional overhaul program.

8. Within ten days from the date of signing the act of acceptance of the services rendered and (or) work performed on the overhaul of the common property in the apartment building, the regional operator is obliged to transfer to the person managing this apartment building copies of documents on the overhaul of the common property in the apartment building (including copies of design, estimate documentation, contracts for the provision of services and (or) on the performance of major repairs, acts of acceptance of services rendered and (or) performed works) and other documents related to the major repairs, with the exception of financial documents .