What does this NGO do?
The Capital Repair Fund is a non-profit organization that operates separately in each region and is officially registered. It is this organization that provides repair and installation work in a particular house.
In its entirety, the term Capital Repair Fund refers to the entire amount of money that is collected in the bank account of apartment owners. Representatives of homeowners' associations and housing cooperatives have access to these funds. At the same time, the Management Company does not have the right to help residents create a Capital Repair Fund.
What is a capital repair fund and why is it needed?
- on the transition to this method of forming a capital repair fund;
- on the choice of a credit institution in which an account will be opened;
- on the amount of monthly transfers (contributions) from which the fund will be formed;
- on the procedure for monitoring the timeliness of payment of contributions.
“If a house receives repairs before others, then this is, in fact, an advance made at the expense of the owners of other houses. It would be logical and fair to return this money to a single pot” and continue to pay receipts until the end of the program. At the same time, funds collected from owners within the boundaries of one municipality can only be spent in the same municipality,” the Fund explained.
Methods for generating an invoice for major repairs of common property of an apartment building
Apartment owners themselves can choose the option of forming an MKD Overhaul Fund. There are 2 legal options, each of which has a number of advantages and disadvantages.
Regional operator
A regional operator is a non-profit organization that operates in a certain region of the country to manage financial and organizational issues related to the repair of apartment buildings. Each Fund has its own official website.
Since an organization is defined as a non-profit, it is created solely to perform a specific function and not to make a profit. This means that all contributions that residents pay for major repairs must go into the money supply, which will be spent for clearly designated purposes.
Many owners consider the disadvantage of such an organization to be the fact that the money goes into the treasury not of a specific house, but of the entire city, and at the time when this particular house needs restoration, the accumulated funds may not be available. But the organization sets approximate deadlines for each house and residents can follow the planning of repairs in their house on the official website of the regional Overhaul Fund. For details on how to find out by address when a major overhaul is planned, read this article.
Special account
If the owners at the general meeting chose a special account as a method of forming the Capital Repair Fund, then they will have to determine the following nuances:
- the amount of the monthly contribution for major repairs;
- who will be the owner of the special account;
- specific credit institution where the special account will be opened.
In this case, the credit institution must meet certain rules. Experts advise choosing the second method of forming a Capital Repair Fund for houses where renovations have been carried out recently or for new buildings. The significant amount of time that is available will help the owners accumulate a sufficient amount of money for restoration work in the future.
Special provisions on the duties of managers
Next, it is necessary to figure out whether the responsibilities of the management company, established in the general case, are adjusted depending on the way in which the owners of premises in apartment buildings form a capital repair fund.
According to Part 2 of Art. 158 of the Housing Code of the Russian Federation, expenses for major repairs of common property in apartment buildings are financed from the capital repair fund and other sources not prohibited by law. The fund itself is replenished from contributions from owners and others listed in Part 1 of Art. 170 Housing Code of the Russian Federation of receipts.
The specifics of paying contributions for major repairs are established in Art. 171 of the Housing Code of the Russian Federation , however, they are definitely formulated only in relation to the method of forming a fund on the account of a regional operator.
What to do if an NPO performs its obligations poorly?
The capital repair fund must bear full responsibility for unfulfilled or poorly performed work to restore the house.
Read more about what major repairs mean and what types there are.
If the owners have a roof leak due to the fault of contractors who were doing repairs in the house, then the Capital Repair Fund will pay all damages, fines and compensation. We talked in detail about the overhaul of the roof of an apartment building.
If he does not do this voluntarily, then the owners can safely go to court. But at the first stage it is better to start resolving the issue with pre-trial proceedings.
Pre-trial proceedings
If work has been carried out in the house, the quality of which the owners are not satisfied with, then they first need to find out whether this work was a major overhaul. You can then file complaints with certain authorities.
Where to complain?
If the Regional Operator is considered the responsible organization for carrying out repairs, then you should complain to him first of all. If there is no response, then the following organizations go in order of contact:
- State Housing Inspectorate.
- Rospotrebnadzor.
- Prosecutor's office.
Only then can you go to court.
Required documents and evidence
First of all, you need to file a claim for poor quality repairs or their complete absence. The following can be used as evidence:
- photographs of deficiencies or places requiring urgent restoration;
- acts of independent experts;
- written statements from other residents;
- video materials.
The claim itself should be written in the most formal style possible, without the use of jargon or profanity. The more details and less emotion, the higher the likelihood that the claim will not be rejected.
How to file a claim for poor-quality repair work or lack thereof?
It does not matter which organization the claim is filed with. The template is approximately the same:
- in the header of the appeal you must write to whom the claim is addressed;
- applicant's contact details;
- title of the document “Complaint”;
- detailed text describing the problem, here it is important to have as much evidence and details as possible;
- a request to eliminate the problem or conduct an inspection (depending on where the complaint is made);
- date and signature of the applicant;
- a list of documents attached to the complaint, including evidentiary ones.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
A complaint can be submitted in person, by registered letter via mail, or via the Internet on the official website of the organization where the complaint was made. The deadline for responding to a complaint is 30 days from the date of filing the application. If there is no response, you can safely contact the next authority, right up to the court.
How to sue?
If pre-trial proceedings are unsuccessful, then apartment owners have every right to file a claim in court.
Statement of claim
The claim must contain the following information:
- Indicate your full name, and also clarify that the plaintiff is the owner of the apartment at a certain address.
- Indicate that consumer rights have been violated. In this case, it will be necessary to prove that funds to pay for the capital repair fund were contributed regularly.
- Describe the problem in detail, provide evidence of the Capital Repair Fund's guilt.
- Make demands for compensation for material, moral and physical damage from the actions or inaction of the regional operator.
Experts advise going to court in extreme cases and under the supervision of an experienced lawyer.
Terms of consideration
The total period for consideration of the case in court should not exceed 2 months. This is stated in the Code of Civil Procedure, Art. 157. During this time, court representatives must consider the application and make a decision. If the plaintiff is not satisfied with this decision, he can appeal to higher courts, up to the Supreme Court.
State duty and other financial expenses
Filing a lawsuit is not only a troublesome matter, but also financially costly. But in this case we are talking about consumer protection cases. If the amount of the claim for consumer protection is less than 1 million rubles, then the state duty is not paid in accordance with Art. 333.33 of the Tax Code of the Russian Federation.
Current, major repairs and reconstruction are different forms of work that require different results. What is the difference between these terms and what are the standards for carrying out major repairs of the facade of an apartment building - you can find out on our Internet portal.
Who does the Fund for Capital Repairs of Apartment Buildings report to? | Krasnodar
Article 169. Contributions for major repairs of common property in an apartment building
1. Owners of premises in an apartment building are required to pay monthly contributions for major repairs of common property in an apartment building, with the exception of cases provided for in part 2 of this article, part 8 of article 170 and part 5 of article 181 of this Code, in the amount established in accordance with part 8.1 of Article 156 of this Code, or, if the corresponding decision is made by the general meeting of owners of premises in an apartment building, in a larger amount.
(as amended by Federal Law dated July 29, 2017 N 257-FZ)
2. Contributions for major repairs are not paid by the owners of premises in an apartment building that is recognized in accordance with the procedure established by the Government of the Russian Federation as being in disrepair and subject to demolition, as well as in the event that an executive body of state power or a local government body makes decisions on the seizure of a land plot for state or municipal needs, on which this apartment building is located, and on the seizure of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipal entity. Owners of premises in an apartment building are exempt from the obligation to pay contributions for major repairs starting from the month following the month in which the decision to withdraw such a land plot was made.
2.1. The law of a constituent entity of the Russian Federation may provide for the provision of compensation for the costs of paying a contribution for major repairs, calculated based on the minimum amount of the contribution for major repairs per one square meter of total living space per month, established by a regulatory legal act of a constituent entity of the Russian Federation, and the size of the regional standard of regulatory area of residential premises used to calculate subsidies, single non-working owners of residential premises living alone who have reached the age of seventy years - in the amount of fifty percent, eighty years - in the amount of one hundred percent, as well as living as part of a family consisting only of non-working citizens living together pension age, owners of residential premises who have reached the age of seventy years - in the amount of fifty percent, eighty years - in the amount of one hundred percent.
(Part 2.1 introduced by Federal Law dated December 29, 2015 N 399-FZ)
3. The obligation to pay contributions for capital repairs arises for the owners of premises in an apartment building after eight calendar months, unless an earlier period is established by law of the constituent entity of the Russian Federation, starting from the month following the month in which the approved regional capital program was officially published renovation, which includes this apartment building, except for the case established by part 5.1 of Article 170 of this Code.
(as amended by Federal Laws dated December 28, 2013 N 417-FZ, dated June 29, 2015 N 176-FZ)
4. Income from the transfer for use of common property in an apartment building, funds from a homeowners’ association, housing cooperative, including income from the economic activities of a homeowners’ association, housing cooperative, may be allocated by decision of the owners of premises in an apartment building, or by the decision of members of the owners’ association housing, a decision of members of a housing cooperative, adopted in accordance with this Code, the charter of a homeowners’ association, the charter of a housing cooperative, to form a capital repair fund to fulfill the obligation of the owners of premises in an apartment building to pay contributions for major repairs and (or) to form part of capital repair fund in excess of that formed on the basis of the established minimum contribution for capital repairs, which can be used to finance any services and (or) work on major repairs of common property in an apartment building.
(Part 4 as amended by Federal Law dated June 29, 2015 N 176-FZ)
On what grounds can they refuse and what should they do then?
The court does not always side with consumers. If there are grounds to find the regional operator innocent or his actions are legal, the plaintiff will be denied the claim. In this case, it is necessary to file an appeal to a higher court within ten days after the decision is made. Therefore, it is recommended to collect as much evidence as possible of the Capital Repair Fund’s guilt and add an expert opinion to the claim.
The Capital Repair Fund is a kind of piggy bank where owners set aside money for capital work as needed. A non-profit organization has been created in each region to manage this Fund. If the owners of an apartment building decide to entrust their funds to her, then they can demand high-quality repairs in a timely manner.
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