Most Russian citizens are very responsible about paying utility bills. And every time they wait for a response from the management company in the hope that it will finally resolve the issue with the broken elevator in the entrance and cold radiators in the apartments. But the most pressing issue is the quality of yard roads.
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Often, it is normal for residents of a high-rise building not to walk to their entrance, since the road is simply broken. And when it rains, people will not be able to get to the entrance dry at all, since all the potholes and pits are filled with water.
Many residents, unable to withstand such living conditions, simply fix the problem on their own, but why then charge people a monthly fee? Let's try to figure out this sensitive issue!
Government program
ATTENTION! In the period from 2021 to 2022, a program is in effect that provides for the improvement of local areas.
It will improve living conditions in an apartment building, change the appearance of courtyards for the better, and create a large number of children's and sports grounds inside the courtyard.
The government is allocating a huge amount of money, 20 billion, to implement the program. They are divided between regions, and at the local level management will plan their further targeted use.
In this way, the government helps residents of apartment buildings quickly and at a modern level to landscape their yards, but then the owners of the apartments will have to pay for their maintenance. If residents of apartment buildings have already accepted courtyards into common property, they have already transferred funds under the column “house maintenance.”
The allocation of funds under the program also implies the development of regional programs; residents can already participate in this process.
When developing the municipal program, those courtyards that are most in need of repair and improvement of the local area will be identified. From 2022, at the end of the program, those areas that will be renovated will become the property of the residents of the apartment complex.
They will have to pay for their maintenance and repairs. If further repairs are needed, at the general meeting of the owners of the apartment building, a list of works that are planned to be carried out in the area near the house is approved; the apartment owners can make their own additions and express their opinions.
A representative from the house will monitor those who are repairing the yard and the quality of all work. Residents decide how much personal money they are willing to spend on improvements.
Taking care of the road area in winter
In order for roads to be in proper condition in winter, and at the same time to be safe, it is necessary to use salt reagents for snow. This contributes to the formation of non-freezing brine on the road. But for greater safety, it is better to sprinkle the snowy road with salt and sand to minimize slipping. The second method, at first glance, is highly cost-effective and does not harm the environment. Today, reagents cost tens of thousands of rubles, when more than a ton of sand can be purchased for 1-2 thousand rubles.
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Unfortunately, a more environmentally friendly method requires considerable funds to collect snow from the roads. Unlike reagents, sand does not dissolve snow cover, so you will need to pay more than ten million rubles for its transportation, disposal and storage.
In America, snow solution ends up in sewer drains after the use of reagents. Therefore, in winter, traffic there is minimized, and there is no need to clean storm drains. The government saves a lot on snow disposal and removal, and all thanks to modern reagents.
Where to contact
If residents of an apartment building want to become a participant in the government program, they must first create an initiative group for this:
- This group discusses the list of works, assesses the condition of the yard, and draws up its diagram.
- Then a general meeting of apartment owners is held, at which all issues regarding repairs are discussed and a protocol is drawn up.
- After the OS, the initiative group submits an application to participate in the program. You can find a sample for such an application on housing and communal services resources, on the municipality website
The yard drawing should include the various structures present, as well as an indication of those that would be desired as a result of the landscaping work. But it is important that all planned work meets the parameters and capabilities of the municipal program.
The application submitted to the municipality will be considered by a special commission, then the residents of the house (or it may be several houses with a territory uniting them) are presented with design projects to choose from. Contractors are being selected for landscaping work, and the initiative group will be able to control them.
According to the program, it is possible not only to pave the local area, but also to build sports and children's playgrounds on it, carry out lighting, landscaping, and other important processes.
After completing the work according to the program, as required by law, maintenance of courtyards and access roads to an apartment building can be carried out both by the residents themselves and by the management company or HOA that maintains the building itself.
Road repair
Almost every year, at the end of the winter period, the pressing issue of repairing the access road to a residential building arises. Snow and ice have a destructive effect on the road surface, especially if it was laid poorly, not in accordance with GOST; by spring, huge holes are exposed, due to which cars are damaged and sometimes people are injured.
Often after winter it is necessary to repair sidewalks. Who is responsible for the roads in the yards and at whose expense should they be repaired?
To repair roads and sidewalks in your yard, you can contact the municipal authorities, but they often act slowly, sometimes even ignoring the request. What should residents do in this case? First you need to find out exactly who should repair roads in the courtyards of certain houses:
- If the road is a common property, its Management Company is responsible for repairs. She must know the boundaries of the local area of the apartment building being serviced; this must be indicated in the technical passport of the house.
- If the territory is urban and is not part of the common property of residents, the local city government is responsible for its repair and maintenance.
The responsibility of the municipality to monitor city property, including roads, is determined by Federal Law No. 196 (Article 12, paragraph 2).
In order for the municipality to begin repairing its property in the courtyard of the house, that is, the road, you need to draw up an application and submit it to the local authorities. Such a collective appeal is drawn up in two copies, its receipt must be registered. Municipal authorities must consider the application within a month.
ATTENTION! If local authorities refuse to repair their access roads leading to residential buildings, residents have the right to go to court.
Actions in case of an accident due to poor road conditions
Below are detailed instructions for the actions of a citizen who is involved in an accident due to poor road conditions:
- Call the traffic police. Do not touch or move the vehicle until the inspection arrives. It is necessary to find witnesses and write down their contact details with their residential address and passport details (witnesses can be passengers, including relatives);
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- When drawing up a protocol by the inspector, it is necessary to double-check the presence of holes and their sizes, as well as the absence of fences and necessary signs. If this information is not included in the protocol, it is necessary to request that the necessary information be entered in the presence of witnesses. After filling out all the documentation, you must request a copy of the protocol.
- It is necessary to record traffic violations using video and photographs, preferably indicating the date of recording and time.
- When drawing up the act, you will need to attach available photo and video evidence.
Important to remember! The legislation of the Russian Federation normalizes the examination of the authenticity of photos and videos. Do not forget to record the testimony and data of witnesses in the act. The act must be signed by the victim and all declared witnesses.
- In case of discomfort due to the health of the driver and passengers after the incident, it is necessary to contact the clinic to establish the fact of the current state of health in a documented form.
- Traffic police inspectors must provide the victim with information about whose responsibility the road section is (the organization will be the defendant in the event of litigation). If the inspectorate refuses to provide data, it is possible to request it through the local prosecutor's office.
- It makes sense to make an official written proposal to the organization responsible for compensating for the harm through a voluntary settlement (indicate time for reflection). The amount of damage in this case is calculated by a specialized appraisal company.
- If there is no response to the proposal to voluntarily resolve the problem, it is necessary to write an application to the court attaching all available documents.
Important! Do not forget to record the violation of the road company, because After the traffic police informs the person responsible about the violation, the culprit can try to quickly “patch up” everything.
Housing cooperative
Members of the housing construction cooperative at the general meeting also jointly decide all issues related to the improvement of the house and its territory.
Residents must decide how much money they can allocate for road repairs and how it will be carried out - on their own or with the help of contractors.
If apartment owners in housing cooperatives themselves carry out repair work to improve access roads and sidewalks, they must comply with the requirements of Articles 153, 154,158 of the Housing Code.
When a house is serviced by a management company, she is obliged to carry out repair work in the local area, because the owners of the apartments transfer her a certain amount on monthly payments for improvement.
Kinds
Current and major repairs can be carried out in the local area:
- The current one involves repair work aimed at eliminating damage and partially restoring the territory. It is usually performed once a year. Residents can decide for themselves (if the territory is in common property) what processes will be performed during routine repairs.
- Partial restoration of sidewalks, access roads, and alleys can be carried out. Children's playgrounds and sports grounds are being restored, fences are being repaired, areas for garbage containers and the containers themselves are being restored.
- Major repairs involve the complete replacement of the road surface and various elements of the local area. Access roads are being restored, fences are being replaced or properly restored, and new playgrounds and sports grounds can be built.
Statement
An application with a request to repair the local area, access roads and sidewalks in the yard is submitted to the management of the Management Company, which under the contract maintains the house. At least half of the apartment owners must sign such a statement.
It must be registered and provided with the number of incoming documents. One copy of such a petition is kept by the applicants:
- The letter indicates the name of the management company, information about the manager to whom the application is sent, information about the applicant, and his address.
- The reasons why repairs are required are indicated, and the technical condition of the yard, roads, and sidewalks is described.
- A set of works is listed that, in the opinion of residents, need to be performed for the high-quality improvement of the local area and the creation of safe conditions for its use.
- The application must be accompanied by an inspection and inspection report of the territory and an expert’s opinion.
- At the end there must be signatures of residents, in an amount of at least 50%.
You can also submit an application on the State Services website. It also indicates the grounds for repair work, the desired timing, and information about the applicant. This portal has a Capital Repair Fund tab, where you can leave your application in the form provided.
Who is responsible for the roads in the city?
For all the road problems and the long absence of reconstruction of the condition of the roadways, everyone unanimously blames the departments of the traffic police, housing and communal services or the administrative and technical inspection. Local authorities are accused of lack of knowledge about who exactly is responsible for problems of this kind.
Important to remember! In accordance with the law, responsibility for the condition and damage of roads lies entirely with officials of specialized road organizations. They, in turn, carry out repair work and reconstruction of certain sections of roads under one-time or long-term contracts.
There is a Federal Law “On Road Funds” (No. 1759 - 1 of 10/18/1991), which states that all vehicle owners are required to pay transport tax. The money collected by local authorities is used for the maintenance, reconstruction or construction of new roads. This provision states that the car owner has both an obligation to pay and the right to carry out motor transport activities on the relevant roads.
In 2007, the Federal Law “On highways and road activities in the Russian Federation” came into force (No. 257 - Federal Law dated November 8, 2007). The law provides for the liability of road services for road traffic accidents due to poor quality or untimely repair of roads. Thus, all road users who have paid transport tax have the full right to receive compensation for damage caused to health, life and property. Failure to comply with technical regulations by those responsible for reconstruction, repair, overhaul or construction leads to problematic situations on the roads.
Read on topic: Construction control of roads
If the management company is inactive
Residents of apartment buildings should not be indifferent to the territory of their residence. It can be landscaped and landscaped with high quality and at a modern level. When carrying out repair work, not only the surface of sidewalks and roads is restored, but also cozy recreation areas are created, garbage areas and parking spaces for residents of the house are repaired.
IMPORTANT! If the Management Company receives funds for the maintenance and improvement of the building, it must fulfill its obligations and carry out repairs in full and without delay.
When the management company does not want to respond to the demands of residents and finds constant reasons for postponing yard repairs, its clients can first complain to the head of this organization. The complaint should provide arguments for repairs and legal provisions regarding the responsibilities of the Management Company. The management of the management company also does not take any measures?
The next authority for complaints is the Housing Inspectorate. This body issues operating licenses to Management Companies and therefore has a strong instrument of influence on them. The last step is to go to court and file a claim against the management company and its management.
The condition of the local area is not only a matter of aesthetics and comfort, but also of safety. Poor coverage of roads and sidewalks, poor-quality lighting, lack of landscaping - all these factors can negatively affect the health of apartment building residents, so it is imperative to seek repairs to create the best living conditions.
When should repairs be completed?
Depending on the complexity and scope of work, replacing old asphalt pavement can take from several days to a week.
However, depending on the complexity of the work performed and the equipment used, the duration of the work may take a little longer.
Simultaneously with the removal of the old asphalt surface, the removal of construction waste is organized. These works must be completed no later than the second day when the asphalt was removed.
Watch the video. Broken roads in the yard: who should be responsible for them?
