The NGO Fund for Major Repairs of Apartment Buildings is a specific national piggy bank into which the population contributes funds. Each region has its own company that operates in a certain territory. The organization is a non-state and non-profit entity. But it is controlled by the state, and quite strictly. The accumulation of funds helps to timely restore housing, which is already lacking for Russian residents.
What is this
According to the law, the costs of maintaining common household property fall on the shoulders of the owners. After the collapse of the Soviet state, where the state of the housing stock was monitored according to plan, at first this procedure was voluntary. It was assumed that the owners would independently agree among themselves when and how much money to allocate for major repairs. But the system turned out to be ineffective.
Therefore, in 2012, qualitative changes were made to the Housing Code, where the provision on the creation of regional capital repair operators was clearly stated. The federal organization remains a completely state structure that deals with general issues. Until this point, all work on houses was regulated and financed from the state structure for promoting the reform of housing and communal services, which was divided into regional funds for promoting capital repairs.
In 2013, a separate non-profit organization, a capital repair fund or SNKO, was founded in each region from the Amur region to the Rostov region.
Money is deducted here without fail. Thanks to this, the total money supply for the entire region is formed. Capital repair fund services from the Republic of Sakha to Arkhangelsk monitor the following points:
- Payment of fees.
- Formation and observance of the frequency of major repairs of apartment buildings.
- Extraordinary work.
- Selection and work of contractors.
- Compliance with codes by construction contractors.
- Spending money.
- The wishes of residents and their implementation.
What is the 2021 Capital Improvement Fund?
Renovation of an apartment building in the Russian Federation is a mandatory event for any residential premises with many separate apartments.
As the years go by, something wears out, breaks, loses its shape and appearance. Residents want to live in a clean and renovated house, and to achieve this effect, far from planned routine repairs are needed.
A major overhaul is a much more global intervention due to the fact that it must affect both the appearance and interior of the house.
True, not all residents understand the issues of where this work is financed . Who forms the cash fund for capital repairs of apartment buildings in the city? We will find out more in our article.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
A capital repair fund for the common property of apartment buildings in Russia is created in each apartment building, and this is not news.
But not every resident of an apartment building has any idea what the capital repair fund is .
An explanation is provided by Article 170 of the Housing Code of our country. The capital repair fund for a single multi-storey building is a total financial mass, which consists of several components, which we will talk about in a separate paragraph.
The fund for capital repairs of common property in apartment buildings is an account in which funds are located . Representatives of homeowners' associations or housing cooperatives, as well as government agencies, have access to funds, but only after permission from residents and provision of an estimate plan.
The fund for capital repairs of residential buildings is under strict control, both from the management organization and the state.
Therefore, if residents doubt that their money is being spent unlawfully, it is these bodies that can report to you on all expenses .
The division into federal and regional funds allowed citizens to significantly ease the burden of collecting funds for major repairs. Let's find out why.
The Federal Capital Improvement Fund
is a completely government-owned entity .
The fund is filled with funds from the budget of our country. As a rule, finances are sent to the account of this fund, which are intended to participate in the program for the overhaul of apartment buildings.
This fund selectively finances individual cities' annual capital improvement plans.
The regional fund (non-profit organization - capital repair fund) is formed through the budget of the subject and is designed to function in accordance with regional and regional programs for the overhaul of apartment buildings.
Taken together, the two above funds are direct evidence of the action of federal programs, both at the state and local levels.
At the moment of delivery of the house, residents are faced with the question of where exactly to create an apartment building fund . There are many credit organizations, but there are no clear recommendations in the Housing Code.
We can give you some practical advice on this issue.
The management company has no right to help you create a fund of funds for major repairs. Only homeowners' associations or housing cooperatives are authorized to do this.
Therefore, if you are served by a management company, residents will have to solve this problem on their own.
But do not rush to trust HOAs and housing cooperatives . As a rule, these organizations service several houses at once and it is quite possible that they have created one common fund for several buildings at once.
For some, this situation may seem beneficial, for example, for the same employees of management organizations, because in the total amount of money, something can be put into your pocket without any problems. But for you, as for the residents of a newly completed house, this state of affairs is disastrous.
Your money will be used to repair older houses , and as time passes, it is far from certain that there will be enough funds in the account when you need major repairs. Therefore, create a fund separate from the rest.
Next, the choice arises: to create it in a commercial organization (savings account in a bank), or to use the services of a regional operator (NGO fund for capital repairs of the common property of apartment buildings) for major repairs.
There are a number of advantages to having a bank account . Firstly, interest accrues on your amount, which of course is not that much, taking into account inflation, but still, several years before the overhaul, you can receive a good amount of accrued interest as a reward.
In addition, you can always take out a loan from a bank at a reduced interest rate if you do not have enough money for major repairs.
The bank has a clear settlement system , and you can always check when a representative of the management organization could use the account, in what amount and for what purposes.
Also, money can be withdrawn from a bank account not only for the needs of major repairs. For example, if at a general meeting the residents determine that they want an additional playground, painting the walls a new color, and so on, funds for all these wishes can be withdrawn from the capital repair account.
With a regional representative, everything is a little more complicated . It issues funds directly to the government agency only after providing an estimate and a plan, which states that major repairs of a separate house are planned in the near future.
However, it is he who carries out the procedure for transferring funds to the government agency and gets acquainted with the estimate. If necessary, identifies errors and shortcomings.
The fund for the overhaul of apartment buildings does not replenish itself. This involves a certain circle of people who are interested in carrying out repair work.
Article 169 of the Housing Code tells us about who makes contributions to this fund, as well as how funds are generated in this structure.
The first and obligatory payers are persons living in an apartment building and being the owners. They pay contributions for major housing repairs every month.
The amount of contributions for each individual apartment is individual, because it is calculated depending on the total footage.
The second category of citizens who also help form a home overhaul fund are defaulters. As a rule, the law in Article 155 of the Housing Code applies penalties to persistent defaulters, which grow from month to month.
In the end, the court obliges the defaulter to repay the debt one-time, and may also apply other sanctions. Money collected in excess from the defaulter also goes to the capital repair fund.
The third cash flow is formed from subsidies and grants from the local government, which can provide funds within the framework of one of the regional programs (regional or federal capital repair assistance fund).
Owners who want to quickly begin major renovations, but are forced to wait due to lack of funds, can also make an additional contribution by taking out a loan or contributing their own funds.
Actions to fill the fund for major repairs, as well as to spend money, are controlled by a number of authorities .
First of all, control should be carried out by the bodies of homeowners' associations and housing cooperatives . But since the percentage of trust in these organizations is not always high, residents do not rush to representatives of management companies for clarification about expenses.
Control over the funds is borne by the organizations in which the funds are located - these are banks or regional operators . They cannot give money from the fund to someone unknown and without clarifying the purpose.
Therefore, commercial and non-profit organizations ensure that only persons established by law have access to the fund.
Local government also controls expenditures from the capital repair fund. It is the local government bodies that draw up the estimate of work together with the management company, and it is the final amount of the estimate that the banks issue to government agencies.
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But, unfortunately, sometimes the cost of services and work according to the estimate is greatly inflated, which can lead to the waste of money not for the main purposes of the repair.
Another authority capable of achieving justice is the court , but a claim is filed there only in the most extreme cases.
As judicial practice shows, the highest percentage is on charges of embezzlement by government agencies and organizations.
Carrying out major repairs is not only the responsibility of individual organizations. The residents themselves must also know and understand what comes from where.
Only in this case can we say that the overhaul will go well.
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Since 2013, a regional program for the overhaul of common property in apartment buildings has been operating in the Moscow region. The overhaul program is accepted for 25 years for all houses in the Moscow region, except those recognized as emergency. Houses that were put into operation after the adoption of the program are also included in it. Accordingly, residents begin to pay fees for major repairs after changes are made to the regional program.
Starting in the summer of 2021, Muscovites will increase their payments for major repairs.
Now for a small one-room apartment they pay about 600 R a month, or 7200 R a year. If this is not a lot of money for you, then you can continue paying and not worry.
We'll tell you what to do if you want to keep track of these expenses. Moreover, this money can be spent more efficiently.
In order for the high-rise building to be clean and the house not to collapse, you need to: clean the entrance, repair a broken elevator, and repair cracks in the walls. All this is handled by the management company (MC) or the homeowners association (HOA), depending on which organization has been chosen in the house. The organization receives money for its work.
Most management companies know how to do cleaning, but not everyone can do quality repairs. Due to poor repairs, houses are deteriorating: according to government estimates, the deterioration of the housing stock in Russia is 60%. To prevent houses from falling apart, the government decided to compulsorily repair apartment buildings.
Previously, residents paid management companies for major repairs. The tariff was set by the owners, and payment was optional. Residents at the meeting could have decided that they would not collect money for repairs, and they did not have such a line on their receipt.
Previously, residents themselves decided whether to make major repairs. Now it's mandatory.
The new payment has been available to Muscovites since July 2015. The tariff from July 1, 2021 is 17 R per m².
The government has obliged not everyone to pay for major repairs. Beneficiaries and residents of new buildings and dilapidated buildings do not pay.
Beneficiaries are disabled combat veterans, orphans, and single pensioners over 80 years of age. For a complete list of preferential categories, see the website of the Moscow Overhaul Fund. The list may differ in other regions.
Residents of new buildings: if the building was put into operation after the region adopted a major renovation program (in Moscow - July 2015), then residents may be temporarily exempt from payments. The maximum vacation period is 5 years from the date the house was included in the program. The decision on holidays is made by regional authorities. Vacations are already in effect in the Orenburg and Vologda regions.
Residents of dilapidated buildings: buildings that are going to be demolished or reconstructed are not included in regional capital repair programs. If the house is recognized as unsafe after the program began to operate, then the capital repair fund must transfer contributions “for the purpose of demolition or reconstruction of the house.”
Residents of Khrushchev-era apartment buildings that are going to be demolished in Moscow will not get their money back for major repairs.
Money for major repairs is saved in two ways: in the general cash register of the capital repair fund or in an individual house account.
The fund is a piggy bank into which residents of all houses in the region put money. Every year an amount is taken from this piggy bank and spent on repairs. Today money pays for the renovation of a neighbor’s house, and tomorrow the neighbors pay for yours.
The funds belong to the regions: Muscovites’ funds are used to renovate buildings only in Moscow. The Moscow region is formally a different region; houses there are being renovated by a different foundation.
The order in which buildings are repaired is indicated in the regional capital repair program. The Moscow program is designed until 2044.
The Foundation is required to do almost all the organizational work. Before repairs, he must determine what to repair in the house, select contractors, supervise them, accept the work and sign the acts.
Representatives of the management company and apartment owners can participate in the acceptance. Residents can participate in determining what the foundation will repair.
The Foundation is a government organization. The Moscow Fund was created by the Moscow government. Therefore, every year he reports on the work done: how many and which houses he repaired, how much money he spent.
A personal account is an individual piggy bank for a specific house. Residents choose a bank, open an account and transfer money there every month. The funds are managed on behalf of the owners by the owner of the account: a representative of the management company, HOA or capital repair fund, depending on who was appointed by the residents.
The account owner will not be able to withdraw money and spend it: the bank will ask for a justification for each operation.
The owners manage the money in the personal account
To transfer money to the contractor for completed repairs, you will have to provide the minutes of the general meeting of owners, a service agreement and an acceptance certificate. You can only write off money from your account to pay for major repairs or to pay for a targeted loan.
The owners themselves decide when to renovate the house. They select contractors, supervise them and accept the work. But the repairs will have to be carried out before the end of the regional overhaul program - until 2044.
It is not necessary to stretch the repair program until 2044; funds can be raised earlier. To do this, set an increased tariff: not 17 R per m², but, for example, 30 R per m².
Although the money in the special account belongs to all the owners, you will not be able to take your share when you move. It will be inherited by the one who moves into your apartment.
The work must be completed by 2044
By default, money from your home goes to the regional capital improvement fund. The order of work is determined by the program; the most worn-out houses are at the beginning of the list. If you live in a high-rise building, renovations of your home are planned for sometime in 2030.
Nobody knows what will happen in 15 years. Savings may burn out, the fund’s budget may be used to build some kind of stadium or bridge. Therefore, it is more profitable for residents of good, strong houses to save money in a house account rather than in a regional fund.
Money for major repairs is kept in the bank, while funds in an individual home account and funds in a foundation account are protected from bankruptcy in different ways.
Money in a special account is not protected in any way. The law allows opening special accounts only in those credit institutions where the equity capital is at least 20 billion rubles.
In Tatarstan, members of a homeowners' association may lose the money they have been saving since 2014 because the bank went bankrupt. They kept the money in Tatfondbank, and on March 3 their license was revoked. Investors' funds will be paid first to individuals and individual entrepreneurs, and only after them to legal entities. It is unclear when this will happen.
The money in the regional operator’s account is supposedly protected by the state. If a regional fund does not fulfill its obligations to the owners or fulfills them poorly, the entity bears “subsidiary liability,” the law says. But not all regions will have the money to replace lost savings.
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The amount of payment for major repairs is not tied to the technical condition of the house; it is calculated based on the total area of the apartment. Therefore, the owner of an apartment in a new building and the owner of an apartment in an old Khrushchev building pay the same, although the repair costs are different.
If the house is old and small, with 20 apartments, then the residents will not have time to recoup the costs of repairs during the program. That is, part of the renovation of the house will be paid for by residents of other houses who save money in the general fund’s cash register.
The Moscow Overhaul Fund plans to renovate the house at Varshavskoye Shosse, 145 bldg. by the end of 2021. 3.
It is beneficial for residents of old houses to save money in a regional fund. If the roof of your house is crumbling, and the elevator works two after two, rely on the fund. You won't save up for repairs on your own before the building completely collapses, but the fund will fix the house first. The program is structured according to this principle.
Make sure your home is participating in the overhaul program on repair.mos.ru. If the house is not on the list, then you should contact the fund. The easiest way is to send a request through the electronic reception. Employees are required to respond within 30 days.
After you have found your home on the site, check where the payments go: to a fund or to a special account. The list of houses where they decided to open their own account is posted on the regional fund’s website in 2 files:
- Special accounts owned by the fund.
- Special accounts owned by management companies, cooperatives and homeowners' associations (HOAs).
If there is no address, then the foundation is doing the repairs.
Make sure that the fund has the correct information about the house: the year it was built and the total area, and that the renovations are actually planned for the next 5-10 years.
List of major repair works at Tukhachevsky, 15
It is beneficial for residents of new large houses to save money on their own. Open a special bank account so you don't have to spend your savings on renovating other people's buildings. To do this, you need to hold a meeting of owners so that the residents agree to open an account and decide to transfer the money that has been accumulating in the regional fund.
Running a meeting on your own is not easy. You will have to contact the management company for information about the owners of the apartments and the size of the total area of the premises, calculate the shares of each of the residents, print forms for the owners - and this is only the preparatory organizational work. For the decision to be legitimate, 2/3 of the residents must vote in favor. This means that each owner must be invited to the meeting, and if he does not come, go to his home.
If your home is managed by an HOA, it makes the process easier. This means that the owners are organized enough to independently control the overhaul process. Find out who the head of the HOA is, get to know him and offer to transfer money to the individual account of the house. If your home benefits from saving money this way, chances are you won't be turned down. Then the meeting of residents is organized by representatives of the HOA, who know how to do this.
If the house is managed by a management company, ask the management organization to hold a meeting of residents.
Issues that need to be approved at the general meeting:
- Monthly contribution for major repairs.
- List of works.
- Period of overhaul.
- Owner of a special account.
- The bank in which the special account will be opened.
- The person who will print the receipts.
- A person who interacts with contractors on behalf of owners.
After the meeting, the final minutes are sent to the regional capital improvement fund. After 3 months after this, the fund will stop collecting contributions and within five days will transfer the accumulated money to the house account. Afterwards, residents will pay at their own expense.
The fund may refuse to transfer money to a personal account if the house has undergone repairs and the collected payments have not yet covered the cost. In this case, you need to pay off the debt and only then leave the fund.
Sooner or later, every apartment building requires major repairs. But not everyone knows with what funds it is carried out, how and where money can be put aside for it, what work is carried out as part of the overhaul. Today we'll talk about this.
Federal Law No. 271-FZ dated December 25, 2012 added section 9 “Organization of major repairs of common property in apartment buildings” to the Housing Code of the Russian Federation. Concepts appeared
- capital repair fund,
- regional program for capital repairs of common property in apartment buildings,
- regional operator of capital repairs,
- special account,
which changed the principles of major repairs in apartment buildings. Let's start by defining the capital repair fund and its goals.
The capital repair fund is considered to be the savings of owners for the purpose of carrying out major repairs of an apartment building.
Part 3 art. 170 of the RF Housing Code establishes the right of owners to choose one of two ways to form a capital repair fund:
- On a special account.
- On the account of the regional operator.
The owners determine the method of forming the capital repair fund at a general meeting. The number of votes required to make such a decision is more than 50% of the total number of votes of owners of apartment building premises.
Owners of premises in apartment buildings are required to pay contributions for major repairs on the basis of payment documents provided by the regional operator or organization to which they have entrusted the opening of a special account (Part 1 of Article 169 of the Housing Code of the Russian Federation).
The capital repair fund is formed from:
- contributions for major repairs of premises owners in apartment buildings;
- fines;
- interest for the use of funds located in a special account or the account of a regional operator;
- income received from the placement of funds from the capital repair fund;
- financial support funds;
- credit and borrowed funds raised by property owners to carry out major repairs.
Using the money from the capital repair fund, you can carry out work and organize services for carrying out major repairs in the apartment building. Such works and services include:
- repair of in-house engineering systems;
- repair or replacement of elevator equipment deemed unsuitable for operation;
- repair of elevator shafts;
- roof and basement repairs;
- insulation and repair of the facade;
- foundation repair;
- installation of common house meters for metering consumed resources.
That is, if the owners decide to change the gas pipes located on the facade of the house, such work can be organized at the expense of the capital repair fund. But it will not be possible to make cosmetic repairs to the entrances using the money from the capital repair fund.
If the owners of premises in an apartment building have chosen a special account as a method of forming a capital repair fund, at a general meeting they must determine:
- Amount of monthly contribution for major repairs. The amount of such a contribution cannot be less than the minimum contribution for major repairs established by the regulatory legal act of a constituent entity of the Russian Federation.
- The owner of a special account.
- The credit institution in which the special account will be opened. Requirements for banks became stricter in April of this year, so before choosing a credit institution, check it for compliance with the new rules.
Sample agenda for the general meeting of owners of apartment buildings on the choice of forming a capital repair fund:
The owner of a special account can be a homeowners association, housing complex, housing cooperative or a management organization that manages an apartment building (Part 2 of Article 175 of the Housing Code of the Russian Federation).
It is preferable to choose a special account as a method of forming a capital repair fund for new buildings or houses in which major repairs have been carried out recently. In this case, the owners will have time to accumulate in a special account the amount necessary for major repairs.
It is important to know that owners of premises in an apartment building can accumulate funds for major repairs only in one special account. Management organizations, homeowners' associations, residential complexes, housing cooperatives cannot accumulate money received from owners for major repairs in a special account of the organization.
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A regional capital repair operator is a legal entity created in the form of a fund, which is engaged in organizing and carrying out major repairs of the common property of an apartment building. The regional operator is formed by the subject of the Russian Federation in whose territory it is necessary to carry out activities. If you do not know which regional operator operates in your region, information can be found in the Housing and Communal Services GIS.
The functions of the regional operator are regulated by Art. 180 Housing Code of the Russian Federation. Yes, he:
- collects contributions for major repairs;
- opens special accounts;
- performs transactions on special accounts;
- acts as a technical customer for major repairs;
- finances expenses;
- interacts with local authorities.
The list of responsibilities of registrar operators is presented in Part 2 of Art. 182 Housing Code of the Russian Federation.
Let us note that it is better to choose a regional operator as a way to form a capital repair fund for owners of premises in houses that will need major repairs in the near future. The owners will not have time to save money for all the necessary work in a special account, but the required amount can be returned to the reoperator gradually after the overhaul.
If the owners of premises in an apartment building have decided to change the method of forming the capital repair fund, the regional operator transfers to the new owner of the special account all the information he has related to the formation of the fund (Part 7 of Article 173 of the Housing Code of the Russian Federation).
According to Part 1 of Art. 173 of the Housing Code of the Russian Federation, owners of premises in apartment buildings can at any time make a decision at a general meeting to change the method of forming a capital repair fund.
If, to carry out major repairs in a house where the owners decided to change the method of its formation, a loan or credit was provided that was not repaid on the date of the decision to change the method of forming the capital repair fund, it will be possible to change it only after full repayment of the debt (Part 2 Article 173 of the Housing Code of the Russian Federation).
In the event that the owners decide to transfer their funds to a special account, they must notify the regional operator about this within five days. But such a decision will come into force only a year after the OSS decision is sent to the regional operator (Part 5 of Article 173 of the Housing Code of the Russian Federation), and within five days after its entry into force, the regional operator will transfer funds from the capital repair fund to a special account.
If the owners decide to transfer the accumulated funds from a special account to the account of a regional operator, such a decision will come into force one month after the decision of the general meeting of owners of premises in the apartment building is sent to the owner of the special account (Part 6 of Article 173 of the Housing Code of the Russian Federation). Within five days after the said decision comes into force, the owner of the special account will transfer the funds from the overhaul fund to the account of the regional operator.
It is much easier to hold a general meeting of owners and resolve any issue regarding major home repairs using the “OSS 100%” service. Ksenia Terletskaya
All buildings and structures require major repairs from time to time. Residents of the capital's high-rise buildings know what the Moscow Apartment Buildings Capital Repair Fund is, because they regularly transfer funds to it. Such receipts began to arrive in 2014, after the government decided that large-scale renovation of houses would be financed from the owners’ funds, and not from the state budget. Let's find out what this fund is and for what purpose it appeared.
The fund was created to ensure the overhaul of common premises, as well as to control the quality and timing of such work.
The responsibilities of fund managers include:
- renovation financing;
- informing owners about planned work;
- organization of the entire procedure.
They are responsible to the owners for the work performed and services provided.
If failure to perform or improper performance of duties entails losses for residents, the damage must be compensated from the fund in the amount of contributions received.
The main legislative act in this area is the Housing Code of the Russian Federation, but there are a considerable number of additional by-laws regulating certain aspects of these issues. Among them are:
In some cities, a center for organizing major repairs of apartment buildings is even created specifically.
Although the program has been adopted for a long period of time, it is reviewed annually.
The program contains the following provisions:
- list of existing apartment buildings;
- list of capital works;
- timing of planned repairs.
The order of work depends on the duration of operation, as well as the technical characteristics of engineering systems and structural parts of the room.
To provide up-to-date information about the work of the program, the official website of the fund for capital repairs of apartment buildings in Moscow was developed. This resource contains:
- questions most often asked by residents of the capital;
- answers to them;
- the legislative framework;
- fund contact details.
The website regularly publishes news related to changes in this area.
Citizens can personally contact fund employees. Applicants are accepted by prior appointment. Address of the capital repair fund: Moscow, st. Maroseyka, 11/4.
In addition, it is possible to contact the electronic reception.
It is worth considering that electronic applications that:
- do not contain information about the applicant (full name);
- contain obscene or other offensive language or threats;
- provide incorrect postal address details for sending a response;
- fall under other grounds provided for by Russian legislation.
In fulfilling their responsibilities for carrying out repair work, authorized persons use funds from the fund to conduct various tenders and purchases. Such procedures must be carried out in accordance with relevant legislation.
Tenders for the fund for capital repairs of apartment buildings in Moscow can be viewed on official websites by selecting the necessary information:
- industry,
- delivery region,
- date and other important points.
Such a system allows you to track all tenders, monitor their legality and transparency.
It’s easy to get useful information on the foundation’s website:
- contact phone numbers,
- TIN,
- planned purchases,
- planned work and much more.
The amount of contributions in each region is determined individually. In Moscow, the minimum contribution is 18.19 rubles per square meter.
In accordance with legislative norms, owners of residential and non-residential premises pay the funds monthly.
According to the law, the following categories of citizens do not pay contributions for major repairs:
- owners of houses in disrepair;
- owners of premises in buildings with less than three apartments;
- owners living in houses intended for demolition or reconstruction;
- housing tenants.
An interactive map of major renovations of apartment buildings is available on the Internet. With its help you can see all the renovated buildings since 2014.
You can also find useful information on the official website of state and municipal services. To access it, you need to register, and then use your personal account to receive most government services on the Internet.
For the last few years, there has been a program under which major repairs of apartment buildings are carried out at the expense of homeowners. For this purpose, a capital repair fund was created. One of its main functions is financing the organization and implementation of repair work. On official Internet resources you can track tenders, obtain information about the procedure, and so on.
Lawyer. Member of the Bar Association of St. Petersburg. More than 10 years of experience. Graduated from St. Petersburg State University. I specialize in civil, family, housing, and land law.
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Regions
Organizations are divided into regional and federal. A federal company is a unified government structure that accumulates funds coming from the budget. It selectively funds work on individual homes.
Each region has its own organization - a regional capital repair operator. Its powers and functions are defined in the Housing Code in Article 180. You can find out who such an operator is in the region, for example, in the Primorsky Territory, Oryol Region or Nizhny Novgorod on the official website of the GIS Housing and Communal Services.
Plans for the overhaul of apartment buildings are also published here. At the regional level, minimum contributions for major repairs are determined, while organizations must adhere to the methodological recommendations that are voiced in Order 288 of the Ministry of Regional Development of Russia dated July 10, 2013.
In addition to regional organizations, building residents also have the right to create separate non-profit funds for capital repairs of apartment buildings. This solution has its pros and cons. Residents can clearly control contributions for major repairs and their spending. Decisions on extraordinary work do not depend on the situation in other houses and regional programs. The downside is that to carry out significant work you will have to wait a long time until enough funds are collected from the entire house. The option of individual home savings is beneficial for residents of new buildings and disadvantageous for owners of apartments in dilapidated housing.
Registration in your personal account
The official portal has the ability to provide access to a personal account to each resident. To do this, you will need to go through a short registration process, which consists of indicating your personal account and mobile phone number.
Registration on the portal
The portal offers a lot of opportunities, including payment of contributions under the program, but the service is available only to owners of apartments in apartment buildings who create contributions on the account of a regional operator, whose personal account begins with one.
In real time, you can see the process of program implementation, compare it with previous years, track photo reports and budget implementation. If the user loses data, they can always be restored thanks to the corresponding sections.
Composition and formation
In 2013, methods for forming a capital repair fund were determined. A non-profit organization, a regional capital repair fund, can replenish its budget through:
- Contributions.
- Peneus.
- Income from the placement of temporarily free funds.
- Means of financial support.
- Subsidies from the state.
- Borrowed funds from apartment owners or banks.
The main and largest part of the revenue is mandatory contributions. The smallest contribution is set at 1.52 rubles per sq. m. meter in the Khabarovsk Territory. The maximum possible size is 39 rubles per sq. m. meter. This indicator is uniform for the entire country, but it has not been assigned to any region. The largest contributions are paid by residents of Moscow - 18.19 ₽
Residents of houses began receiving the first payments in 2014 in the first 62 regions. Residents of the Belgorod region were the first to start paying contributions in January 2014.
Residents of new buildings are exempt from financial obligations for contributions for the first 5 years. The regional capital repair operator has the right to change this provision if required by the general situation in the region or the situation with the developer. The latter gives a guarantee on the house for 5 years, so if something needs to be repaired during this period, it falls on the shoulders of the builders. Owners of premises have the right to influence the amount of the contribution, but it must not be lower than the minimum in the region.
Amount of contributions for major repairs
The minimum size of the capital repair fund is determined by regulatory documents of the regional government authorities that exercise control over the implementation of capital repairs, determined by the municipal state program for the capital repairs of collective property of a residential building.
The monthly contribution amount is subject to increase based on a documented decision.
At the same time, homeowners are adding to the register of repair work previously determined by the municipal state overhaul program. It is also possible to determine an early date for such work.
If the fund's money is used and the minimum amount is reached, the general meeting that manages the house makes a decision to suspend obligations to transfer temporarily available funds. The exception is for residents who have arrears in transferring contributions.
Functions and powers
The non-profit fund for capital repairs of apartment buildings, in addition to fundraising, has a large number of non-financial functions. Main functions:
- Analysis of the housing stock situation in the region.
- Monitoring of dilapidated and emergency houses.
- Maintaining the program sequence.
- Accepting applications from residents, HOAs and housing cooperatives.
- Inclusion of houses in the queue and exclusion from it.
- Ordering services and works.
- Monitoring and analysis of own expenses and expenses of contractors.
- Organizing competitions to select organizations that will renovate the building.
Depending on the level, the organization has certain powers. It interacts with state and municipal authorities and regulates tariffs. Employees participate in the development of housing modernization programs.
Regional operators influence the overall situation in the territory under their control. Smaller companies organized by residents of HOAs and housing cooperatives are subject to their regulations.
Plans and programs
Republican capital improvement funds create plans for various periods from a quarter to several years. The plan, designed for a period of more than a year, is a program and includes a whole range of measures, from the formation of a queue to ways of conveying information to residents about how they can influence the condition of the house.
Plans for carrying out necessary actions in homes are formed and adjusted annually. This information is published on the websites of regional operators and local companies. Detailed information about the upcoming overhaul is published no less than six months before the calendar year in which such work is planned. That is, in June of this year, information for next year should already be published. As a rule, preliminary plans are published earlier.
Owners can control the situation with their own home independently. For example, if it is known that the work is planned in 7-10 years, and the condition of the house leaves much to be desired, the owners have the right to influence this situation. This is important, because if the house is considered unsafe, it will be subject to exclusion from the program and resettlement. The trick here is that exclusion from the program is handled by the overhaul organization, and provision of other housing is handled by the municipality or state government.
Special account
The formation of savings occurs in three ways:
- The non-profit organization has a regional capital repair fund in its general fund account.
- On special account with the same organization.
- On a special account of the HOA or housing cooperative.
If the condition of the house is dilapidated, then it will be more profitable to collect funds in a general fund account. Contributions to a special account provide better control of funds by residents. In this case, the amounts can be spent in parts, that is, the roof can be repaired one year, and the entrances in another.
By default, the nonprofit organization's capital improvement fund determines how funds are accumulated, with money collected in a general fund account. Residents have the right to independently determine the method of capital formation. They can change their decision at any time.
Features of organizing a separate account for an apartment building
The choice of method in the form of creating a special account is carried out at a general meeting of residents of the house. To do this, a unanimous decision must be made with at least 2/3 of the votes.
It should contain the following points:
- the amount of contribution for major repairs;
- list of upcoming works;
- timing of repairs;
- account owner;
- details of the credit institution for opening an account.
The total amount of the contribution cannot be set below the value established by law. It is unacceptable to establish a smaller list of works and a longer period compared to what is determined by the rules of the regional program.
The owner of the special account can be a management company or HOA, housing or other type of cooperative, that is, the organization chosen to manage the apartment building. To be able to open it, a credit institution must comply with certain legal requirements, in particular the minimum amount of authorized capital. A similar list of institutions is published on the official website of the Bank of the Russian Federation.
Appeals
The owners regulate relations with the NGO fund for capital repairs of apartment buildings independently, through a meeting of all residents. The management company has no right to interfere in these relations. This was done specifically to prevent abuse by housing and communal services employees.
For questions regarding major repairs, residents must contact the NGO Fund for Major Repairs of Apartment Buildings directly, and it is important to do so in writing. All requests are registered and the response period is 30 calendar days.
If there is no response at this time, then the owners have the right to complain to the authorities:
- Municipality. He controls decisions about the order of work, costs and actions of contractors.
- Regional operator of capital repairs. It regulates tariffs and the order of work.
- Housing inspection. She additionally controls the quality of work based on requests and complaints from residents.
Local authorities actively emphasize the fact that monitoring the condition of the house is primarily the concern of residents. They are endowed with significant powers and have the right to dispose of them, the main thing is to do this more actively.