What is a capital improvement fund and what can the funds be spent on?

What is a capital repair fund?

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.

Changes in the procedure for major repairs of apartment buildings
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Formation and use of funds from the fund

Article 170 of the RF Housing Code provides for two possible options for forming a capital repair fund: on the account of a regional operator and a special account.
In this case, the capital repair fund is formed on the account of the regional operator. According to Part 1 of Art. 170 of the Housing Code of the Russian Federation, the capital repair fund, formed on the account of the regional operator, is formed by:

contributions for major repairs paid by owners of premises in apartment buildings;
penalties paid by the owners of such premises in connection with their improper fulfillment of the obligation to pay contributions for major repairs.

By virtue of the new part 4.1 of Art. 170 of the Housing Code of the Russian Federation, if the owners of premises in an apartment building have decided to determine the amount of the monthly contribution for capital repairs in the amount of the minimum contribution for capital repairs established by a regulatory legal act of a constituent entity of the Russian Federation, a list of services and (or) works for capital repairs of common property in MKD and the timing of major repairs of common property in such a house are determined in accordance with the regional capital repair program...
The provision that the minimum contribution is used to finance major repairs according to the “minimum” list is also present in Parts 1 , 3 of Art. 166 Housing Code of the Russian Federation .

We believe that in the described situation, the owners most likely transfer minimal contributions to the capital repair fund (to the account of the regional operator).

As for the “minimum” list of works and services for major repairs of common property, it is provided for in Part 1 of Art. 166 Housing Code of the Russian Federation . In the original version of this norm, the installation of a fire control unit was named among the works, the implementation of which is financed from the capital repair fund, formed on the basis of the minimum amount of contributions. However, in accordance with Federal Law No. 417-FZ 2013, this type of work has been excluded from the “minimum” list established by Part 1 of Art. 166 Housing Code of the Russian Federation . At the same time, the Housing Code of the Russian Federation allows the constituent entities of the Russian Federation to expand the “minimum” list of works and services for major repairs of common property (see Part 2 of Article 166 ). Therefore, the question of whether the work on installing the control center is financed from the capital repair fund, formed on the basis of the minimum amount of contributions, is decided in accordance with the regulatory legal act of the constituent entity of the Russian Federation.

At the same time, the responsibility of the regional operator to organize major repairs of common property in the apartment building is enshrined in Art. 182 Housing Code of the Russian Federation . According to Part 1 of this article, the regional operator ensures the overhaul of common property in the apartment building, the owners of the premises in which form a capital repair fund on the account of the regional operator, in the amount and time frame provided for by the regional capital repair program .

From all of the above, it follows that the responsibilities of the regional operator do not include carrying out work in the apartment building that is not provided for by the regional program. In this regard, the management organization does not have the right to ignore the decision of the general meeting of owners of premises in the apartment building to carry out work on installing a heating control unit (provided that the decision was made in compliance with the requirements of Part 5 of Article 189 of the Housing Code of the Russian Federation ).

What can the capital repair fund be used for?

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.

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Major renovation of apartment buildings

Major repairs of apartment buildings involve the restoration or replacement of:

engineering systems;
building structures (excluding load-bearing structures) and their components;
elements of load-bearing parts of buildings.

Depending on the volume of work, major repairs can be selective or comprehensive.

If technical capabilities are available, a residential building is modernized in order to increase the comfort of living, as well as comply with modern requirements in the field of resource conservation.

Overhaul involves restoring worn-out elements of common property or replacing them with similar ones with improved characteristics.

Formation of a capital repair fund in a special account

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.

If a management organization, homeowners' association, residential complex, housing cooperative, places funds for major repairs on its account, it will be held administratively liable under Part 1 of Art. 14.8 of the Code of Administrative Offenses of the Russian Federation - they will issue a warning or issue a fine. For an official, the amount of the fine will be from 500 to 1,000 rubles, for a legal entity - from 5,000 to 10,000 rubles.

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The legislative framework

The main regulatory role in the creation and operation of the Fund is assigned to the Housing Code of the Russian Federation. So, in Part 1 of Art. 39 of the document determines that the costs of maintaining common property in an apartment building are borne by the owners of premises located in the building, including apartment owners.

In 2012, the Housing Code of the Russian Federation was supplemented with Section IX, dedicated to organizing the overhaul of common property in apartment buildings. It provides for the mandatory deduction of funds by owners of premises in apartment buildings to the capital repair fund.

Capital repair fund on the account of the regional operator

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).

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Overhaul structure

Art. 170 of the Housing Code of the Russian Federation defines what it is - a capital repair fund. The term refers to the total money supply accumulated in a bank account. Representatives of government bodies, housing cooperatives or homeowners associations have access to funds after submitting an estimate and based on the permission of the residents.

The division into federal and regional funds made it possible to significantly ease the burden of paying for major repairs. The Federal Fund for the Capital Repair of Apartment Buildings is a government agency. It is filled from the country's budget and serves to transfer money for selective financing of the annual plans of individual cities.

Another source of replenishment of funds is a regional non-profit organization (NO). The formation of the fund is carried out at the expense of the budget of the subject of the Federation. It operates in accordance with the regional and regional programs for the overhaul of apartment buildings. Local administrations receive funds from it, increasing the funds of specific apartment buildings.

As non-profit organizations (NPOs), both structures together make it possible to effectively implement federal housing restoration programs at the state and local level.

Changing the method of forming the capital repair fund

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.

Regional Capital Overhaul Fund

In the legislative acts of the Russian Federation, the Fund, created by its constituent entities to restore the condition of residential buildings, is defined as a regional operator of major repairs of common property in apartment buildings.

Thus, in Moscow such a fund was established by the Department of Overhaul. Its competence is limited by the boundaries of the capital, as in other cases - by the boundaries of the region or regional formation. The jurisdiction of this structure is limited to territorial boundaries. This is a legal entity dealing with repair issues.

The regional fund for capital repairs of apartment buildings carries out its activities guided by:

The Constitution of the Russian Federation;
constituent act;
statutory documents;
housing legislation;
regional legislative acts.

All information, including details, information about the management team, planned repairs and other significant data is contained on the official website of the Moscow Regional Fund. Information about major repairs and related activities is also published here:

regional program;
short term;
special account;
procurement of services, works and goods, etc.

All data is posted on the foundation’s special website.

Can an HOA make major repairs and collect money for it?

Collecting funds for major repairs and organizing its implementation is the right of the housing association (what are the rights and responsibilities of the HOA?). The form of such fees is determined at a general meeting of premises owners.

The general meeting may decide to create a capital repair fund if the majority of the assembled homeowners vote for its creation, in accordance with Part 5, Clause 2, Article 145 of the Housing Code of the Russian Federation.

Collected funds can be stored:

on a special bank deposit;
from the regional management organization.

Residents independently choose the storage location at a general meeting (clause 3 of Article 170 of the Housing Code of the Russian Federation).