The decision to carry out major repairs of common property in an apartment building. The decision to carry out major repairs of common property in an apartment building Article 189 of the Housing Code of the Russian Federation with the latest amendments

1. Carrying out overhaul common property in apartment building carried out on the basis of a decision general meeting owners of premises in an apartment building, except for the cases provided for in Part 6 of this article. 2. The owners of premises in an apartment building at any time have the right to decide to carry out major repairs of common property in an apartment building at the proposal of the person managing the apartment building or providing services and (or) performing work on the maintenance and repair of common property in the 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 major repairs of common property in an apartment building must be carried out in accordance with the regional capital repair program, a person managing an apartment building or providing services and (or) performing 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 to such owners proposals on the start date for major repairs, necessary list and on the volume of services and (or) work, their cost, on the procedure and sources of financing for major repairs of common property in an apartment building and other proposals related to such major repairs. 4. 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 make a decision at a general meeting in accordance with part 5 of this article. 5. By the decision of the general meeting of owners of premises in an apartment building on carrying out major repairs of common property in this apartment building, the following must be determined or approved: 1) a list of major repairs; 2) cost estimate for major repairs; 3) timing of major repairs; 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 completed major repairs, including signing the relevant acts. 6. If, within the period specified in part 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 decided to carry out major repairs of common property in this apartment building, the local government body makes a decision on carrying out such major repairs in accordance with the regional capital repair program and the proposals of the regional operator. 7. In the event that major repairs of common property in an apartment building, the owners of the premises in which form a capital repair fund on a special account, are not carried out within the time period stipulated by the regional capital repair program, and at the same time in accordance with the procedure for establishing the need for major repairs of common property in an apartment building requires the performance of any type of work provided for this apartment building regional capital repair program, the local government makes a decision on the formation of a capital repair fund in 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 in the special account to the account of the regional operator within one month from the date of receipt of such a decision from 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 in the special account to the account of the regional operator within the period established by this part, the regional operator, any owner of premises in an apartment building, or a local government body has the right to apply to the court to recover the funds, located in a special account, with their transfer to the account of the regional operator.

New edition of Art. 189 Housing Code of the Russian Federation

2. The owners of premises in an apartment building at any time have the right to decide to carry out major repairs of common property in an apartment building at the proposal of the person managing the apartment building or providing services and (or) performing work on the maintenance and repair of common property in the apartment building, regional operator or on their own initiative.

3. 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 major repairs of common property in an apartment building must be carried out in accordance with the regional capital repair program, the person in charge of the management apartment building or the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building, or the regional operator (if the owners of premises in the apartment building form a capital repair fund on the account of the regional operator) submits to such owners proposals on the start date capital repairs, the required list and the scope of services and (or) work, their cost, the procedure and sources of financing for capital repairs of common property in an apartment building and other proposals related to such capital repairs, in the manner established by the regulatory legal act of the subject Russian Federation.

4. 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 make a decision at a general meeting in accordance with part 5 of this article.

5. In the case of the formation of a capital repair fund on the account of a regional operator, the decision of the general meeting of owners of premises in an apartment building on carrying out major repairs of common property in this apartment building must determine or approve:

2) the maximum permissible cost of services and (or) work on major repairs based on the maximum cost of services and (or) work on major repairs of common property in an apartment building, determined in the manner prescribed by Part 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 provided and (or) major repair work performed, including signing the relevant acts.

5.1. In the case of the formation of a capital repair fund on a special account, the decision of the general meeting of owners of premises in an apartment building on carrying out major repairs of common property in this apartment building must determine or approve:

1) list of services and (or) major repair works;

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

3) timing of major repairs;

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 provided and (or) major repair work performed, including signing the relevant acts.

6. If, within the period specified in part 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 decided to carry out major repairs of common property in this apartment building, the local government body makes a decision about carrying out such major repairs in accordance with the regional capital repair program, notifying the owners of premises in this apartment building about the decision taken, including using the system. In the event of an accident, other emergency situations of a natural or man-made nature, decisions on issues provided for in paragraphs 1 and 2 of part 5 of this article are made in the manner established by the regulatory legal act of the constituent entity of the Russian Federation. IN in this case major repairs of an apartment building are 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 or other emergency situations of a natural or man-made nature, at the expense of the regional operator, determined by Article 185 of this Code and law of a subject of the Russian Federation as Money to provide financial stability activities of the regional operator, and is taken into account during the annual updating of the regional capital repair program.

7. In the event that major repairs of common property in an apartment building, the owners of the premises in which form a capital repair fund on a special account, are not carried out within the time period stipulated by the regional capital repair program, and at the same time in accordance with the procedure for establishing the need for major repairs of common property in an apartment building requires the provision of any type of services and (or) performance of any type of work provided for for this apartment building by the regional capital repair program, the local government body, within one month from the date of receipt of the relevant notification, makes a decision on the formation of a capital fund repairs 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 in the special account to the account of the regional operator within one month from the date of receipt of such a decision from 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 in the special account to the account of the regional operator within the period established by this part, the regional operator, any owner of premises in an apartment building, or a local government body has the right to apply to the court to recover the funds, located in a special account, with their transfer to the account of the regional operator. The provisions of this part do not apply if there is an outstanding loan and (or) loan, the repayment of which is carried out from funds received into the corresponding special account.

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

1. Major repairs of common property in an apartment building are carried out on the basis of a decision of the general meeting of owners of premises in an apartment building, except for the cases provided for in Part 6 of this article. 2. The owners of premises in an apartment building at any time have the right to decide to carry out major repairs of common property in an apartment building at the proposal of the person managing the apartment building or providing services and (or) performing work on the maintenance and repair of common property in the apartment building, regional operator or on their own initiative. 3. 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 major repairs of common property in an apartment building must be carried out in accordance with the regional capital repair program, the person in charge of the management apartment building or the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building, or the regional operator (if the owners of premises in the apartment building form a capital repair fund on the account of the regional operator) submits to such owners proposals on the start date capital repairs, the necessary list and the scope of services and (or) work, their cost, the procedure and sources of financing for capital repairs of common property in an apartment building and other proposals related to such capital repairs. 4. 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 make a decision at a general meeting in accordance with part 5 of this article. 5. By the decision of the general meeting of owners of premises in an apartment building on carrying out major repairs of common property in this apartment building, the following must be determined or approved: 1) a list of major repairs; 2) cost estimate for major repairs; 3) timing of major repairs; 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 completed major repairs, including signing the relevant acts. 6. If, within the period specified in part 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 decided to carry out major repairs of common property in this apartment building, the local government body makes a decision on carrying out such major repairs in accordance with the regional capital repair program and the proposals of the regional operator. 7. In the event that major repairs of common property in an apartment building, the owners of the premises in which form a capital repair fund on a special account, are not carried out within the time period stipulated by the regional capital repair program, and at the same time in accordance with the procedure for establishing the need for major repairs of common property in an apartment building requires the performance of any type of work provided for for this apartment building by the regional capital repair program, the local government body makes a decision on the formation of a capital repair fund on the account of the regional operator and sends such a decision to the owner of a special account. The owner of a special account is obliged to transfer the funds in the special account to the account of the regional operator within one month from the date of receipt of such a decision from 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 in the special account to the account of the regional operator within the period established by this part, the regional operator, any owner of premises in an apartment building, or a local government body has the right to apply to the court to recover the funds, located in a special account, with their transfer to the account of the regional operator.

Legal advice under Art. 189 Housing Code of the Russian Federation

Victoria Mikhailova

Until what year will privatization be free?

Article 1 Insert into paragraph one of part 2 of Article 2 of the Federal Law of December 29, 2004 N 189-FZ “On Entry into Force” (Collection of Legislation of the Russian Federation, 2005, N 1, Art. 15; 2006, N...

Oksana Vasilyeva

Until what year is free housing privatization valid?

Lawyer's answer:
The deadline for privatization of residential premises located in the state and municipal housing stock has been extended until March 1, 2015. The corresponding federal law was signed today by Russian President Vladimir Putin. Let us recall that, according to earlier current edition Part 2 Art. 2 of the Federal Law of December 29, 2004 No. 189-FZ “On the entry into force of the Housing Code of the Russian Federation,” the norms providing for the right of citizens to privatize the relevant residential premises become invalid as of March 1, 2013. In this regard, in accordance with the proposal of the President of the Russian Federation, a bill to extend the privatization period by two years for all categories of citizens was submitted to the lower house for consideration by the heads of four party Duma factions. The bill was adopted by the State Duma based on the results of a rating vote, in which four more bills participated, providing for the extension of the privatization period in the range from March 1, 2014 to March 1, 2018, as well as a bill that preserved the current period, but deprived the right to privatization of citizens admitted on registration as those in need of residential premises. The document was approved by the Federation Council on February 20, 2013 and today signed by the President of the Russian Federation. Its full name: Federal Law of February 25, 2013 No. 16-FZ “On Amendments to Article 2 of the Federal Law “On the Entry into Force of the Housing Code of the Russian Federation”.

Arthur Trekhshubin

Tell me who is entitled to housing in social hiring in the city of Moscow, according to the reform of the Ministry of Internal Affairs?

Lawyer's answer:
Housing Code of the Russian Federation Housing Code of the Russian Federation Housing Code of the Russian Federation Housing Code of the Russian Federation Housing Code of the Russian Federation Housing Code of the Russian Federation

Marina Nikitina

If one person refuses to participate in the privatization of an apartment, what rights does he then have to the apartment?

Lawyer's answer:
He formalizes a refusal from a notary to participate in privatization (consent to privatization), all other family members become owners in equal shares, and this person retains a lifelong, indefinite right to use the apartment by virtue of Art. 19 of the Federal Law of December 29, 2004 No. 189-FZ "On the entry into force Housing Code RF". Even if this apartment is later sold at least 500 times, the person still has the right to use it, since the provisions of paragraph 2 of Article 292 of the Civil Code of the Russian Federation cannot be applied to him. By giving consent to the privatization of residential premises occupied under a social tenancy agreement, without which (this consent) it (privatization) would have been impossible (by virtue of Article 2 of the Law on the Privatization of Housing Stock) this person proceeded from the fact that the right to use this residential premises for him would be of an indefinite nature (clause 18 of the Resolution of the Plenum of the Supreme Court RF dated July 2, 2009 No. 14 “On some issues that arose in judicial practice when applying the Housing Code of the Russian Federation").

Liliya Belova

Does the land under an apartment building belong to undemarcated lands? I ask you to motivate me with articles, post-constructions, etc.

Lawyer's answer:
By virtue of Article 16 of the Federal Law of December 29, 2004. No. 189-FZ “On the entry into force of the Housing Code of the Russian Federation” land plot, on which an apartment building and other objects included in such a building are located real estate, is the common shared property of the owners of premises in an apartment building. If the land plot is not formed, its formation is carried out by state authorities or local governments. Local self-government bodies of settlements, as well as local self-government bodies of municipal districts, are entrusted with the management and disposal of land plots in municipal ownership (Part 2 of Article 11 of the Land Code of the Russian Federation). Meanwhile, the disposal of land plots, state ownership of which is not demarcated, unless otherwise provided by the legislation of the Russian Federation, is carried out only by local government bodies of municipal districts, city districts (clause 10 of article 3 of the Federal Law of October 25, 2001 No. 137-FZ “On entry into force of the Land Code of the Russian Federation"). As explained in the resolution of the Plenum Supreme Court Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated April 29, 2010 No. 10/22 “On some issues arising in judicial practice when resolving issues related to the protection of property rights and other real rights”, if the land plot has not been formed and state cadastral registration has not been carried out in respect of it, the land under the apartment building is owned by the relevant public legal entity. In accordance with Art. 16 of the Land Code of the Russian Federation, state property includes lands that are not owned by citizens, legal entities or municipalities. Typically, land plots under apartment buildings are not owned by settlements, and therefore are the property of the corresponding public legal entity, i.e. the state. Thus, since the disposal of state land plots, by virtue of these norms, is carried out by municipal districts and city districts, then under the above circumstances, the land plot under an apartment building will be classified as undemarcated land.

Georgy Podlesnykh

Please tell me where to go. I had the imprudence to register my son-in-law in St. Petersburg, who arrived on transfer as a district police officer. Now he drinks, behaves terribly, his daughter divorced him, but he doesn’t want to leave. When we privatized the apartment, we didn’t give him a share, we demanded that he write a refusal. Now he, in a constant drunken stupor, screams that he will sue the housing. Well, what should we do now? I can’t imagine, my husband and I earned this apartment with hard work and lived in it for almost forty years, and this scoundrel comes from the village and swears at his rights here. How can I register him? I registered him as a member of the family, but now he is not one of them is. Will I really have to go to court?

Lawyer's answer:
Federal Law of December 29, 2004 N 189-FZ "On the entry into force of the Housing Code of the Russian Federation" Article 19 The provisions of Part 4 do not apply to former family members of the owner of a privatized residential premises, provided that at the time of privatization of this residential premises, these persons had equal rights to use this premises with the person who privatized it, unless otherwise established by law or agreement. So, having refused privatization, he acquired the right to live in this apartment for life.

Karina Gerasimova

I bought an apartment in a house with a HOA, am I obliged to join this Partnership or does this action happen automatically. We purchased an apartment managed by a homeowners association. They force you to join a partnership and pay a fee. According to the Housing Code, they have no rights, but according to the Federal Law on Homeowners' Associations, I automatically become a member of the partnership, Art. 32.please explain

Lawyer's answer:
The Federal Law on Homeowners' Associations ceased to apply upon the entry into force of the Housing Code in accordance with paragraph 19 of Art. 2 of the Federal Law of December 29, 2004 N 189-FZ "On the entry into force of the Housing Code of the Russian Federation." That is why the Housing Code is in effect. So you don't have to join. Pay the entry fee (if any) too. But we must pay for maintenance, maintenance and repairs.

Evgenia Osipova

Question about parking.

Article 16 of the Federal Law of December 29, 2004 189-FZ On the entry into force of the Housing Code of the Russian Federation (hereinafter referred to as the Introductory Law) establishes that from the moment the land plot is formed and its state cadastral registration is carried out...

Roman Petrusha

I contacted the legal department. agency in the case of eviction as a former family member from a dormitory for military personnel. shikh (defendant). I gave them power of attorney to act as a representative in court until the 2nd instance. Do I need to hire an additional lawyer? Or are they enough as a representative?

Lawyer's answer:
With citizens living in dormitories previously owned by enterprises, the Moscow authorities must conclude a social rental agreement. Order of the Department of Housing Policy and Housing Fund of Moscow dated July 20, 2011 N 953 “On measures to bring housing legal relations with citizens living in residential premises in dormitories created before the entry into force of the Housing Code of the Russian Federation, in accordance with current legislation"To the dormitories located in residential buildings owned by state or municipal institutions, and transferred to the jurisdiction of the city of Moscow, the term “former hostel” will be used. In accordance with the Order of the Department of Housing Policy and Housing Fund of the City of Moscow dated July 20, 2011 N 953, relations for the use of residential premises that were located in residential buildings owned by state or municipal enterprises, used as dormitories, and transferred to the jurisdiction of the city of Moscow, apply norms of the Housing Code of the Russian Federation on social tenancy agreements (Article 7 of the Federal Law of December 29, 2004 N 189-FZ “On the entry into force of the Housing Code of the Russian Federation”). At the same time, the Order establishes that the rules on social tenancy agreements are subject to application in cases where: citizens were moved into residential premises in former hostels legally before March 1, 2005 in the manner established by the exemplary Regulations on hostels, approved by the resolution of the Council of Ministers of the RSFSR dated 11.08 .1988 N 328, regardless of whether a social tenancy agreement has been concluded or not; citizens were moved into residential premises in former dormitories after March 1, 2005 from other dormitories into which they were legally moved before March 1, 2005 in the manner established by the said exemplary Regulations, and were registered at their place of residence. Social rental agreements will be concluded with these categories of citizens for the residential premises they occupy. Measures will also be taken to evict from former dormitories citizens who occupy residential premises in them without legal grounds. Let us recall that by Resolution of the Constitutional Court of the Russian Federation dated April 11, 2011 N 4-P, Article 7 of the Federal Law “On the Enactment of the Housing Code of the Russian Federation” was declared inconsistent with the Constitution of the Russian Federation to the extent that it does not allow for the possibility of applying the norms of the Housing Code of the Russian Federation on a social tenancy agreement to relations for the use of residential premises that were located in residential buildings owned by state or municipal enterprises and used as dormitories, if these residential premises were provided to citizens legally after March 1, 2005 (the date of entry into force of the Housing Code RF) and the buildings in which they are located were transferred to the jurisdiction of local governments also after this date.

Antonina Morozova

On what basis can they be removed from the waiting list for improved living conditions? If a person is still assigned according to the NKVD circular dated 19.01.1. One has been on the waiting list since 2000. Until November 14, 2009, he lived with his mother, father and grandmother in an apartment 58 meters total area, 34 meters residential. But on the indicated date, my grandmother passed away and with this misunderstandings began with the authorities. First it was said orally and a little later in writing. That I am provided with housing, based on the law of the city of Moscow on the standard of living space per person being 18 meters, and they want to deregister me. Only it was established according to federal law, but what does the law of the city of Moscow have to do with it and how fair is all this? Help and tell me what to do next. Very grateful in advance.

Lawyer's answer:
In accordance with Art. 6 Part 2 of Federal Law N 189-FZ “On the Enactment of the Housing Code of the Russian Federation” citizens registered before March 1, 2005 for the purpose of subsequent provision of residential premises under social tenancy agreements retain the right to be registered until they receive residential premises under social rental agreements. In its Definition constitutional Court RF dated 01.12.2009 No. 1549-O-P, indicated that the provisions of Part 2 of Article 6 in its constitutional and legal interpretation do not imply the possibility of deregistering citizens in need of residential premises who were registered for the provision of housing before March 1, 2005 social rental agreements.

Antonina Veselova

what can an employee of the Ministry of Emergency Situations expect upon retirement based on length of service in terms of housing?

Lawyer's answer:
In accordance with Decree of the President of the Russian Federation dated June 28, 1999 No. 825 “Issues of providing housing for employees of the internal affairs bodies of the Russian Federation, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief, institutions and bodies of the penal system, as well as citizens dismissed from service from these bodies, services and institutions" is a priority form of budget financing of expenses for providing housing for permanent residence employees of the internal affairs bodies of the Russian Federation, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief, institutions and bodies of the penal system maintained at the expense of funds dismissed from service federal budget, citizens dismissed from service from the specified bodies, services and institutions, as well as members of their families, is the issuance and redemption of state housing certificates. FPS employees registered as needing residential premises before 03/01/2005, in accordance with Article 5 and paragraph 2 of Article 6 of the Federal Law of December 29, 2004 No. 189-FZ “On the entry into force of the Housing Code of the Russian Federation” retain the right to provision of residential premises for permanent residence under social tenancy agreements. FPS employees who do not have residential premises for permanent residence at the place of service in a given locality, in accordance with Article 93 and paragraph 2 of Article 99 of the Housing Code of the Russian Federation, have the right to be provided with official residential premises.

Denis Furtsev

GUARD! Removal from the register. Help with advice, tell me, please! A family of two lives in a privatized room of 17.8 m2 in a former dormitory. Since 1989, the family has been registered for improvement living conditions in line at the District Administration. Now she is being removed from the queue, citing the fact that the housing standard per person is 8 m2. They provide a link to article No. 6 in the housing code. She herself has been disabled for life since childhood and has extensive experience in the public sector (teacher). They explained to her that now she does not qualify for housing subsidies either as a disabled person or as a public sector employee. He wants to appeal the legality of such a decision (deregistration) in court. Question: are the officials right, please provide a link to regulations. Where should I start an appeal and do I need a lawyer in this case? Explanation. The room of 17.8 m2 is privatized, the owner is the mother. The son gave the room to his mother under a gift agreement.

Lawyer's answer:
They stood in line as individuals who had no rights. use - living in the hostel, and not according to the accounting norm. Subsequently, the hostel was transferred to its own. municipality in social fund, a social lease agreement was concluded. On the basis of a social tenancy agreement, the residential premises were privatized. It is unclear who privatized and lived under a social tenancy agreement. If there are two - a son and a mother, then privatization. should have in general joint own. Write incomprehensibly: it turns out that the son privatized it for himself, and the mother refused. from privatization or something, and then the son according to the Great Dane. donation transferred the property to the mother and the mother is now unified. the owner of the residential premises and both are registered there? Or maybe the son simply gave his share to his mother, and now the mother of unities. the owner, and the son does not live as a co-owner. and a member of the owner's family? Are both registered in this square? Remember, there is an accounting norm that applies only for the purpose of registering housing. And there is a provision standard - it is applied when providing housing to those on the waiting list. and also to establish whether those on the waiting list have lost their right to improvement. living conditions - aren’t they already provided with the standard of security? You never know - they also inherited half of the area. or bought a house in the village as a summer cottage. and he took into account. like a residential building. m.b. the son grew up and got married. and the area of spouses and minors. children taken into account regardless of place of residence. The collateral area is always greater than the accounting norm. Specifically, they are tired. V housing law subject of the federation. cities. where do you live? Read your law. to understand what the provision norm is. In Moscow, the accounting norm is, for example, 10 m total. areas for department apartments and 15 m - for communal apartments. and the provision norm is 18 m. Do you understand the difference? So, you could be removed from the queue only if you had lost the grounds for improving your living conditions - if the provision for a family member became equal to or more than the standard of provision. (This takes into account other property rights of those on the waiting list, as well as spouses and minor children living separately.) . When making a decision to remove you from the queue, they should have pointed out the basics. What is the norm of the Housing Code of the Russian Federation? according to the laws of the subject of the federation, you are removed from the queue and presented. calculation of housing. security for family members on the waiting list. Study city housing laws. If it's illegal, remove them from the queue. then you can appeal this action as illegal in court under Chapter 25. Code of Civil Procedure of the Russian Federation with the obligation to restore. in line with post date. registered in 1989. The period for appeal is 3 months. from the date of the decision. request a decision from the authorized executive body. authorities about removal from the queue for execution. authority. in order to understand exactly which decision you are asking the court to declare illegal (its details) and its contents. justification. You need to contact a lawyer, cat. knows housing legislation, federation. and city, he will study the docks and draw up a claim, will be represented. your interests in court. Art. 6 LC RF - action in time. has nothing to do with deregistration. In addition to the Housing Code of the Russian Federation, there is another law on the implementation of the Housing Code of the Russian Federation. Federal Law of December 29, 2004 No. 189-FZ On the entry into force of the Housing Code of the Russian Federation: Part 2, Art. 6 "Citizens registered before March 1, 2005 for the purpose of subsequent provision of residential premises to them under social tenancy agreements retain the right to be on this register until they receive residential premises under social tenancy agreements. These citizens are removed from this registration on the grounds provided for paragraphs 1, 3–6 of part 1 of Article 56 of the Housing Code of the Russian Federation, as well as in the event of their loss of the grounds that, before the entry into force of the Housing Code of the Russian Federation, gave them the right to receive residential premises under social tenancy agreements. social rent are provided in the manner prescribed by the Housing Code of the Russian Federation, taking into account the provisions of this part."

Pavel Legasov

Is it possible to write it out through the court? ex-husband, who is registered in an apartment privatized for me and the children... He doesn’t work anywhere, drinks alcohol, and is rowdy. Neither I nor the children have a normal, peaceful life.

Lawyer's answer:
In accordance with Part 4 of Art. 31 of the Housing Code of the Russian Federation “In the event of termination of family relations with the owner of a residential premises, the right to use this residential premises for a former family member of the owner of this residential premises is not retained, unless otherwise established by agreement between the owner and the former member of his family. If the former family member of the owner of the residential premises premises, there are no grounds for acquiring or exercising the right to use another residential premises, and also if the property status of a former family member of the owner of the residential premises and other noteworthy circumstances do not allow him to provide himself with another residential premises, the right to use the residential premises belonging to the said owner may be reserved for former member of his family for a certain period on the basis of a court decision. In this case, the court has the right to oblige the owner of the residential premises to provide other residential premises for the ex-spouse and other members of his family, in whose favor the owner fulfills alimony obligations, at their request."However, in accordance with Art. 19 Federal Law of December 29, 2004 No. 189-FZ “ON THE INTRODUCTION OF THE HOUSING CODE OF THE RUSSIAN FEDERATION” “The provisions of Part 4 of Article 31 of the Housing Code of the Russian Federation do not apply to former family members of the owner of a privatized residential premises, provided that at the time of privatization of this residential premises premises, the indicated persons had equal rights to use this premises with the person who privatized it, unless otherwise established by law or agreement. “Thus, if ex-spouse was registered in the apartment before its privatization and had the right to participate in privatization, but refused, then even through the court you will not be able to discharge him!

Arthur Kulishov

Privatization has been extended. Free privatization extended until 2013: Federal Law of February 1, 2010 N 4-FZ "On Amendments to the Federal Law "On the Entry into Force of the Housing Code of the Russian Federation" Adopted...

Anna Sidorova

Tell me, has the privatization been extended or is this just talk?

Lawyer's answer:
FEDERAL LAW ON AMENDING THE FEDERAL LAW “ON ENTERING THE Housing Code of the Russian Federation into EFFECT” Adopted by the State Duma on January 15, 2010 Approved by the Federation Council on January 27, 2010 Amended to the Federal Law of December 29, 2004 N 189-FZ “On Enactment Housing Code of the Russian Federation "(Collected Legislation of the Russian Federation, 2005, No. 1, Art. 15; 2006, No. 27, Art. 2881) the following changes: 1) in Part 2 of Article 2, replace the words "2010" with the words "2013" ; 2) in Article 20 the words “2010” are replaced with the words “2013”. President of the Russian Federation D. MEDVEDEV Moscow, Kremlin February 1, 2010 N 4-FZ

Natalia Nikiforova

Service apartment. can a family with two minor children be evicted from service apartment received before March 1, 2005 if the organization that gave it was liquidated. Service order and notice of liquidation in hand.

Lawyer's answer:
requirement of Art. 13 of the Federal Law of December 29, 2004 No. 189-FZ “On the entry into force of the Housing Code of the Russian Federation” (as amended on December 1, 2007). According to this article, citizens who live in service residential premises and residential premises in dormitories provided to them before the entry into force of the Housing Code of the Russian Federation are, in accordance with clause 1, part 1, art. 51 of the Housing Code of the Russian Federation are registered as those in need of residential premises provided under social tenancy agreements, or have the right to be on this registration, cannot be evicted from these residential premises without the provision of other residential premises, if their eviction was not permitted by law before its entry into force Housing complex of the Russian Federation. Until this point, in accordance with Art. 108 of the Housing Code of the RSFSR, without the provision of other residential premises, the following persons who had terminated their employment relationship with an enterprise, institution, or organization could not be evicted: 1) war invalids and other disabled military personnel who became disabled as a result of a wound, contusion or injury received during the defense of the USSR or when performing other duties military service, or due to an illness associated with being at the front; 2) participants of the Great Patriotic War who were part of the active army; 3) families of military personnel and partisans who died or went missing while defending the USSR or while performing other military service duties; 4) families of military personnel; disabled persons from among the rank and file and commanding personnel of the bodies of the Ministry of Internal Affairs of the USSR, the State Fire Service, who became disabled as a result of injury, concussion or injury received in the performance of official duties; 6) persons who have worked at an enterprise, institution, organization that provided them with office housing for at least 10 years; 7) persons released from a position in connection with which they were provided with residential premises, but who have not terminated their employment relationship with the enterprise, institution, organization that provided this premises; 8) persons dismissed due to the liquidation of an enterprise, institution, organization or due to a reduction in the number or staff of employees; 9) old age pensioners, personal pensioners; 10) family members of a deceased employee who was provided with official residential premises; 11) disabled laborers of groups I and II, disabled people of groups I and II from among military personnel and persons equivalent to them; 12) single persons with minor children living with them. Based on the information contained in the question, the author of the letter cannot be evicted from the apartment

Stanislav Kichin

How to file a claim in court for the privatization of housing?

Lawyer's answer:
statement of claim sample privatization Privatization of residential premises creates new rights and obligations for the owner of privatized housing, members of his family and former family members of the owner. The law protects the rights of former family members of the owner in the following case: When the owner sells residential premises belonging to him to another person for a former family member of the owner who has previously exercised his right to privatize another residential premises, and then moved into the new residential premises, and at the time of his privatization had an equal right to use this premises with the others living in it, and gave his consent to its privatization, the provisions of Art. 19 of the Federal Law “On the entry into force of the Housing Code of the Russian Federation”. The transfer of ownership of a residential building or apartment to another person is the basis for termination of the right to use residential premises by family members of the previous owner, unless otherwise provided by law (Clause 2 of Article 292 of the Civil Code of the Russian Federation). The law, in particular Article 19 of the Federal Law of December 29, 2004 No. 189-FZ “On the entry into force of the Housing Code of the Russian Federation”, establishes that the provisions of Part 4 of Art. 31 of the Housing Code of the Russian Federation does not apply to former family members of the owner of a privatized residential premises, provided that at the time of privatization of this residential premises, these persons had equal rights to use this premises with the person who privatized it, unless otherwise established by law or agreement. In accordance with Article 2 of the Law of the Russian Federation of July 4, 1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation,” citizens of the Russian Federation occupying residential premises under a social tenancy agreement in the state and municipal housing stock have the right, with the consent of all adult family members living together to acquire ownership of these premises on the terms provided for by the said law and other regulatory acts of the Russian Federation and constituent entities of the Russian Federation. Privatization of residential premises is possible only with the obligatory consent to privatization of all adult members of the tenant’s family, including former members of the tenant’s family (Part 4 of Article 69 of the Housing Code of the Russian Federation). The law does not establish any exceptions for family members living with the tenant, including those who previously participated in the privatization of other residential premises. If family relations with the owner of the privatized residential premises are subsequently terminated, the former member of the owner’s family, who exercised his right to free privatization, retains the right to use the privatized residential premises, since his consent was required for the privatization of this residential premises. This right use of residential premises is retained by the former family member of the owner even when the ownership of residential premises is transferred to another person. Statement of claim See sample privatization here:

Valentin Parfutin

How many meters around the perimeter of a residential apartment building belong to its residents?

Lawyer's answer:
By virtue of Article 16 of the Federal Law of December 29, 2004 No. 189-FZ “On the Enactment of the Housing Code of the Russian Federation,” the land plot on which the apartment building and other real estate objects included in such a house are located is the common shared property of the owners of the premises in apartment building. If the land plot is not formed, its formation is carried out by state authorities or local governments. provides the homeowners association with the right to receive for use or receive or purchase in common shared ownership owners of premises in an apartment building land plots. The size of the plot is determined approximately as the area of the house multiplied by a coefficient that mainly depends on the time the house is built; its value is close to 1. When building a house nowadays, the site is formed immediately.

Anastasia Belyaeva

Deprivatization of the apartment. Tell me, is it possible to deprivatize an apartment if it was privatized by one person, and he is against it. And what to do in this situation. Can he kick his wife out of the apartment?

Lawyer's answer:
Article 9.1. Law of the Russian Federation of July 4, 1991 N 1541-I “On the privatization of housing stock in the Russian Federation” Citizens who have privatized residential premises, which are their only place of permanent residence, have the right to transfer the residential premises belonging to them by right of ownership and free from obligations premises in state or municipal ownership, and the relevant executive authorities, local government bodies or persons authorized by them are obliged to take them into ownership and conclude social rental agreements for these residential premises with these citizens in the manner established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies of the relevant municipalities. Article 20 of the Federal Law of December 29, 2004 N 189-FZ "On the entry into force of the Housing Code of the Russian Federation" Citizens who have privatized residential premises, which are their only place of permanent residence, have the right to transfer those belonging to them by right of ownership until March 1, 2010 and residential premises free from obligations into state or municipal ownership, and the relevant executive authorities, local self-government bodies or persons authorized by them are obliged to take ownership of them and conclude social rental agreements for these residential premises with citizens and members of their families living in these residential premises , in the manner established by the legislation of the Russian Federation. Rights and obligations of citizens living together with the owner in residential premises owned by him 1. Members of the family of the owner of residential premises include his spouse living together with this owner in residential premises owned by him, as well as the children and parents of this owner. Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner’s family if they are settled by the owner as members of his family. 2. Family members of the owner of a residential premises have the right to use this residential premises on an equal basis with its owner, unless otherwise established by agreement between the owner and members of his family. Family members of the owner of a residential premises are obliged to use this residential premises for its intended purpose and ensure its safety... . There is also Article 69 of the Housing Code of the Russian Federation on the rights of family members of the employer. The point is that in general it is impossible to discharge a family member. A former family member is possible. It is possible to return the apartment to the municipality. Contact local administration with a corresponding statement (the condition in the law is that the housing is not under arrest, in collateral...)

Ksenia Ivanova

Is it possible by Russian laws privatize housing received for social rent?

Well, I believe that only according to Russian laws can it be privatized. If you have a social lease agreement in hand and have not privatized anything before, then there will be no problems. Go to the local administration, write an application, attach a copy of the contract...

Georgy Romodanovsky

Is it true that privatization has been extended until 2010, and is it still relatively free?

Lawyer's answer:
Yes, exactly. The federal law “On Amendments to Certain legislative acts of the Russian Federation on the issue of registration in a simplified manner of the rights of citizens to certain objects of real estate"Law of the Russian Federation of June 30, 2006 No. 93-FZArticle 8 Introduce into the Federal Law of December 29, 2004 N 189-FZ "On the entry into force of the Housing Code of the Russian Federation" ( Collection of Legislation of the Russian Federation, 2005, No. 1, Article 15) the following changes: 1) in Part 2 of Article 2 the words “January 1, 2007” are replaced with the words “March 1, 2010”; 2) Article 14 is declared invalid; 3) in Article 20, the words “Poor citizens” should be replaced with the word “Citizens”, the words “until January 1, 2007” should be replaced with the words “until March 1, 2010”. Regarding privatization, I can definitely say that it is “free” (in fact, relatively inexpensive) privatization of residential premises extended until March 1, 2010

Stanislav Kedrin

How to choose the right management company? Can anyone please explain: management company was State Unitary Enterprise DEZ (or DEZ), I don’t know how to write correctly. Now they have created GUIS, but as far as I know, State Unitary Enterprise DEZ exists as a management company, and many say: “in our house they elected State Unitary Enterprise DEZ as the management company because we are few we earn enough to pay bills to a homeowners association or a commercial management company, which is offered by GUIS. Now they say that there will be no DEZ, but only commercial companies. How to figure this out? Where is there information about this?

Lawyer's answer:
Article 161 of the Housing Code of the Russian Federation, owners of premises in an apartment building are required to choose one of the methods of managing an apartment building, namely direct management of the owners of premises in an apartment building, management of a homeowners' association, management of a housing cooperative, management of another specialized consumer cooperative, management of a management organization. In this case, , Special attention the management company should provide security for the fulfillment of obligations to pay for the supplied resources. Thus, among the security measures in paragraph 43 of Rules No. 75, liability insurance of the management organization, an irrevocable bank guarantee, and a deposit pledge are mentioned. According to paragraph 92 of Rules No. 75, the winner of the competition must confirm security for the fulfillment of obligations by submitting to the competition organizer a notarized copy of the liability insurance agreement or the deposit pledge agreement or an irrevocable bank guarantee. The specific method is chosen by itself management organization. Ensuring the fulfillment of obligations to pay the management organization for the services of resource supplying organizations is provided in favor of the relevant resource supplying organizations.

Liliya Gerasimova

Can I privatize an apartment and then discharge my ex-husband, who previously participated in the privatization after 18 years, from it? registered my husband as my mother's municipal apartment, divorced, we want to discharge her, but it didn’t work out through the court. They advised him to privatize the apartment (he had already participated after he was 18) and then sign him out, the question is: is it possible to do this and what are his rights?

If he has already used his right to free privatization (according to the law, this right is granted once), then you can privatize the apartment without his consent.

Nikolay Khozyainov

Is it possible to sell an apartment with a registered ex-wife? 10 years ago I bought an apartment through a Young Family loan. 0.5 shares were registered in the name of my son (deed of gift) and 0.5 shares were registered in my property. A year after purchasing the apartment, they divorced, and the ex-wife and son remained to live in it. I paid off the loan in full myself. Can I sell an apartment now if my son is 18 years old, but he and his ex-wife are registered in this apartment? P.S. The ex-wife was with the borrower at banking agreement for credit.

Lawyer's answer:
You cannot sell the entire apartment. Half of the apartment belongs to the son, he is the owner and only has the right to dispose of his share. As for the second half, today it is in joint ownership regardless of the fact that it is registered in your name and because it was purchased during marriage. In order to change the situation, you need to file a claim in court for the division of jointly acquired property, present to the court evidence that you paid off the loan from personal funds after the divorce. In this case, your share will increase. The money that was paid during the marriage is divided in half. If the wife’s amount is enough to get at least some share, she will be able to receive it, or she will agree to you paying her share in money and you will become the owner of half of the apartment. If the court awards b. /wife's share, the issue of selling the entire apartment or buying out shares will have to be resolved with two owners: the son and the ex-wife. While they are the owners, remove them from the registry. accounting, even through court, is impossible. Try to solve housing problem with your ex-wife without a trial, with a written agreement on the division of jointly acquired property. Good luck.

Ekaterina Stepanova

How to force a contract with housing cooperatives or homeowners associations for drainage of an apartment building????. Housing cooperatives and homeowners' associations manage an apartment building and legal face. Vodokanal supplies water to such houses, but there is no contractual relationship. What should a water utility do?

Lawyer's answer:
In accordance with Article 18 of the Federal Law dated December 29, 2004 No. 189-FZ “On the implementation of the Housing Code of the Russian Federation” (hereinafter referred to as Federal Law No. 189-FZ) and paragraph 2 of the Government of the Russian Federation Resolution No. 75 dated February 6, 2006 (hereinafter referred to as PPRF No. 75), it has been established that since January 1, 2007, local governments have been holding competitions for the selection of management organizations to manage apartment buildings, owners of premises in which a management method has not been chosen or decisions made by such owners on choosing a method of managing apartment buildings have not been implemented in cases established by the Housing Code of the Russian Federation, including in the cases provided for in paragraph 3 of the Rules for holding an open competition by a local government body to select a management organization to manage an apartment building, approved by Decree of the Government of the Russian Federation dated 06.02.2006 No. 75 (hereinafter referred to as Rules No. 75). These competitions, in accordance with paragraph 6 of PPRF No. 75, are recommended for local governments to be held before July 1, 2007 and, in accordance with Federal Law No. 189-FZ, are completed no later than May 1, 2008. The utility service provider, in accordance with paragraph 3 of the Rules for the provision utilities citizens (hereinafter referred to as Rules No. 307), there may be a management organization, a homeowners’ association (see Section VI of the RF Housing Code), a housing and housing construction cooperative (hereinafter referred to as the housing cooperative) or another specialized consumer cooperative (see Section V of the RF Housing Code ), and in the case of direct management of an apartment building by the owners of the premises - another organization that produces or acquires utility resources. In accordance with paragraph 2 of Article 161 of the Housing Code of the Russian Federation, the owners of premises in an apartment building are required to choose one of the methods of managing the apartment building, namely direct management by the owners of the premises in an apartment building, management of a homeowners' association, management of a housing cooperative, management of another specialized consumer cooperative, management of a management organization. At the same time, according to general rule, the water utility cannot oblige the consumer of services to conclude an agreement through the court. In this regard, I recommend organizing work together with the administrations of local governments to determine the list of management organizations operating in the territory of municipalities and concluding relevant agreements. If this turns out to be ineffective, then you can agree (in writing ) on transferring disagreements under the contract to the court, then the court will be obliged to consider the specified dispute on the merits. If this fails, then still the absence of contractual relations does not relieve housing cooperatives, homeowners associations, etc. of the obligation to pay for the supplied drinking water water and sewerage services. IN in this case The provisions of regulatory legal acts governing relations on the supply of drinking water and the receipt of waste water apply, which should be used to guide settlements with consumers and collection of unpaid debts.

Olesya Vasilyeva

During marriage, an apartment is privatized for the wife and daughter. husband refused privatization. Can he claim in a divorce? for part of the apartment.

(as amended by Federal Law dated July 29, 2017 N 257-FZ)

(Part 5 as amended by Federal Law dated July 29, 2017 N 257-FZ)

1) list of services and (or) major repair works;

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

3) timing of major repairs;

4) sources of financing for capital repairs;

(Part 5.1 introduced by Federal Law dated July 29, 2017 N 257-FZ)

6. If, within the period specified in part 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 decided to carry out major repairs of common property in this apartment building, the local government body makes a decision about carrying out such major repairs in accordance with the regional capital repair program, notifying the owners of premises in this apartment building about the decision made, including using the system. In the event of an accident or other emergency situations of a natural or man-made nature, decisions on the issues provided for in paragraphs 1 and 2 of part 5 of this article are made in the manner established by the regulatory legal act of the constituent entity of the Russian Federation. In this case, major repairs of an apartment building are 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 or other emergency situations of a natural or man-made nature, 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 sustainability of the activities of the regional operator, and is taken into account during the annual updating of the regional capital repair program.

(edited) Federal laws dated December 28, 2016 N 498-FZ, dated December 20, 2017 N 399-FZ, dated November 28, 2018 N 434-FZ)

7. In the event that major repairs of common property in an apartment building, the owners of the premises in which form a capital repair fund on a special account, are not carried out within the time period stipulated by the regional capital repair program, and at the same time in accordance with the procedure for establishing the need for major repairs of common property in an apartment building requires the provision of any type of services and (or) performance of any type of work provided for for this apartment building by the regional capital repair program, the local government body, within one month from the date of receipt of the relevant notification, makes a decision on the formation of a capital fund repairs 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 in the special account to the account of the regional operator within one month from the date of receipt of such a decision from 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 in the special account to the account of the regional operator within the period established by this part, the regional operator, any owner of premises in an apartment building, or a local government body has the right to apply to the court to recover the funds, located in a special account, with their transfer to the account of the regional operator. The provisions of this part do not apply if there is an outstanding loan and (or) loan, the repayment of which is carried out from funds received into the corresponding special account.

(as amended by Federal Laws dated June 29, 2015 N 176-FZ, dated December 28, 2016 N 498-FZ, dated July 29, 2017 N 257-FZ)

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

1) list of services and (or) major repair works;

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

3) timing of major repairs;

4) sources of financing for capital repairs;

6. If, within the period specified in part 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 decided to carry out major repairs of common property in this apartment building, the local government body makes a decision about carrying out such major repairs in accordance with the regional capital repair program, notifying the owners of premises in this apartment building about the decision made, including using the system. In the event of an accident or other emergency situations of a natural or man-made nature, decisions on the issues provided for in paragraphs 1 and 2 of part 5 of this article are made in the manner established by the regulatory legal act of the constituent entity of the Russian Federation. In this case, major repairs of an apartment building are 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 or other emergency situations of a natural or man-made nature, at the expense of the regional operator, determined by this Code and the law of the constituent entity of the Russian Federation as funds to ensure the financial sustainability of the activities of the regional operator, and is taken into account during the annual updating of the regional capital repair program.

7. In the event that major repairs of common property in an apartment building, the owners of the premises in which form a capital repair fund on a special account, are not carried out within the time period stipulated by the regional capital repair program, and at the same time in accordance with the procedure for establishing the need for major repairs of common property in an apartment building requires the provision of any type of services and (or) performance of any type of work provided for for this apartment building by the regional capital repair program, the local government body, within one month from the date of receipt of the relevant notification, makes a decision on the formation of a capital fund repairs 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 in the special account to the account of the regional operator within one month from the date of receipt of such a decision from 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 in the special account to the account of the regional operator within the period established by this part, the regional operator, any owner of premises in an apartment building, or a local government body has the right to apply to the court to recover the funds, located in a special account, with their transfer to the account of the regional operator. The provisions of this part do not apply if there is an outstanding loan and (or) loan, the repayment of which is carried out from funds received into the corresponding special account.

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

The provisions of Article 189 of the RF LC are used in the following articles:

Regional program major repairs of common property in apartment buildings
3) the change in the method of forming the capital repair fund occurred on the grounds provided for in Part 7 of Article 189 of the Housing Code of the Russian Federation. The period for major repairs in this case is determined in the order of establishing the need for major repairs of common property in an apartment building;
Capital repair fund and methods of formation of this fund
7. If the owners of premises in an apartment building, within the period established by parts 5 and 5.1 of this article, did not choose the method of forming a capital repair fund or the method they chose was not implemented within the period established by parts 5 and 5.1 of this article, and in cases provided for by part 7 of article 189 of the RF LC, the local government body, within a month from the date of receipt from the state housing supervision body of the information provided for in part 4 of article 172 of the RF LC, makes a decision on the formation of a capital repair fund in relation to such a house on the account of the regional operator and notifies the owners premises in such a house about the decision made, including using the system.
Responsibilities of the regional operator for organizing major repairs of common property in apartment buildings
1) within the time limits provided for in Part 3 of Article 189 of the Housing Code of the Russian Federation, prepare and send to the owners of premises in an apartment building proposals on the start date of capital repairs, the necessary list and the scope of services and (or) work, their cost, the procedure and sources of financing capital repair of common property in an apartment building and other proposals related to such major repairs;