What is collective property?
The facilities used by all residents of an apartment building are collective. These include:
- entrances, corridors;
- stairs and elevators;
- attics, roofs;
- basements;
- land plots related to the local area;
- engineering systems and equipment.
The full list is specified in paragraph 1 of Article 36 of the RF Housing Code[1]. Another legal act regulating these legal relations is the Decree of the Government of the Russian Federation No. 354[2].
Residents and housing and communal services must maintain apartment buildings in proper condition. The owners enter into an agreement with the management company, which defines a list of works to ensure the safety of the facility and the operability of equipment in the apartment building.
The service company must:
- Clean up the local area.
- Remove garbage and other waste.
- Carry out major and current repairs.
- Carry out testing activities to prevent network breakdowns.
- Monitor compliance with fire safety rules.
- Supply resources consumed for lighting and heating of entrances and elevators.
- Improve the area, etc.
Some of the work can be carried out by another company with which the users have agreed. And the management company will provide a minimum list of works.
Guidelines for approving the amount of payment for the maintenance of residential premises
According to Part 1 of Article 156 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), payment for the maintenance of residential premises is set in an amount that ensures the maintenance of common property in an apartment building in accordance with the requirements of the law.
Next, the legislator defines two options for legal regulation depending on the method of managing an apartment building:
Option 1: management of the apartment building is carried out by the homeowners association/residential complex/housing cooperative
The amount of mandatory payments and (or) contributions of members of a homeowners association or a housing cooperative or other specialized consumer cooperative associated with the payment of expenses for the maintenance and repair of common property in an apartment building is determined by the management bodies of the homeowners association or the management bodies of the housing cooperative or the management bodies of another a specialized consumer cooperative in accordance with the charter of a homeowners’ association or the charter of a housing cooperative or the charter of another specialized consumer cooperative (Part 8 of Article 156 of the Housing Code of the Russian Federation).
Thus, making a decision on approving the amount of payment for the maintenance of residential premises falls within the competence of the general meeting of members of the HOA/housing complex/housing cooperative.
According to clause 33 of the Rules for the maintenance of common property in an apartment building and the rules for changing the amount of payment for the maintenance of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration , approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491 (hereinafter referred to as Rules No. 491), the amount of mandatory payments and (or) contributions related to the payment of expenses for the maintenance of common property for owners of premises who are members of a homeowners’ association, housing, housing -a construction or other specialized consumer cooperative, as well as the amount of payment for the maintenance of residential premises for owners of premises who are not members of these organizations, are determined by the governing bodies of the homeowners’ association or by the governing bodies of the housing, housing-construction or other specialized consumer cooperative on the basis approved by the governing bodies estimates of income and expenses for the maintenance of common property for the corresponding year.
Thus, HOAs/residential complexes/housing cooperatives must have an annual estimate of income and expenses, from which the amount of payment for the maintenance of residential premises is determined.
Option 2: management of the apartment building is carried out by the management organization
The amount of payment for the maintenance of residential premises in an apartment building in which a homeowners' association or a housing cooperative or other specialized consumer cooperative has not been established is determined at a general meeting of owners of premises in such a building, which is held in the manner established by Articles 45 - 48 of the Housing Code of the Russian Federation. The amount of payment for the maintenance of residential premises in an apartment building is determined taking into account the proposals of the management organization and is set for a period of at least one year.
Thus, the decision to approve the amount of payment for the maintenance of residential premises falls within the competence of the general meeting of owners. The validity period of such a decision is at least 1 year.
According to paragraph 31 of Rules No. 491, when determining the amount of payment for the maintenance of residential premises in an apartment building in which a homeowners association or a housing cooperative or other specialized consumer cooperative has not been created, the decision of the general meeting of owners of premises in such a building is adopted for a period of at least one year, taking into account the proposals of the management organization.
The management organization is obliged to submit to the owners of premises in such a building a proposal on the amount of payment for the maintenance of residential premises in an apartment building no later than 30 days before the date of the general meeting of owners of premises in this building in order to make a decision on the issue of determining the amount of payment for the maintenance of residential premises in an apartment building by posting such an offer on bulletin boards located in all entrances of the apartment building or within the land plot on which the apartment building is located.
The management organization’s proposal on the amount of payment for the maintenance of residential premises in an apartment building must contain:
- calculation (estimate) and justification of the amount of payment for the maintenance of residential premises, and if the amount of such payment exceeds the amount of payment for the maintenance of residential premises for owners of residential premises who have not decided on the choice of method of managing an apartment building, established by a local government body, including the justification for such excess,
— detailing the amount of the fee, indicating the calculation of the annual cost of each type of work and services for the maintenance and repair of common property in an apartment building, indicating the frequency of their implementation.
The specified fee amount is set the same for all owners of premises.
Thus, in order to take into account the opinion of the management organization, the latter must send the owners its detailed proposals on the amount of payment for the maintenance of residential premises.
Further, regardless of the method of management of the apartment building and the initiator of the general meeting to approve the amount of payment for the maintenance of residential premises, the legislator has established uniform requirements, namely that:
- firstly, the payment for the maintenance of residential premises includes payment 1) for services, work on managing an apartment building, 2) for the maintenance and current repairs of common property in an apartment building, and also 3) for cold water, hot water, electrical energy , consumed during the use and maintenance of common property in an apartment building, for the disposal of wastewater for the purpose of maintaining common property in an apartment building
- secondly, the amount of payment for the maintenance of residential premises must ensure the proper maintenance of common property in an apartment building in accordance with legal requirements.
In this connection, the Control Department of the Administration of Petropavlovsk-Kamchatsky Urban District, when approving the amount of payment for the maintenance of residential premises, recommends using the following form:
| p.p. | Type of work and services | frequency of work | monthly cost / annual cost | not required |
| Work necessary for the proper maintenance of load-bearing structures (foundations, walls, columns and pillars, floors and coverings, beams, crossbars, stairs, load-bearing elements of roofs) and non-load-bearing structures (partitions, interior decoration, floors) of apartment buildings | ||||
| 1 | Work carried out on foundations | |||
| 2 | Work performed in buildings with basements | |||
| 3 | Work performed for the proper maintenance of the walls of apartment buildings | |||
| 4 | Work performed for the purpose of proper maintenance of floors and coverings of apartment buildings | |||
| 5 | Work performed for the proper maintenance of columns and pillars of apartment buildings | |||
| 6 | Work performed for the purpose of proper maintenance of beams (crossbars) of floors and coverings of apartment buildings | |||
| 7 | Work performed for the proper maintenance of roofs of apartment buildings | |||
| 8 | Work performed for the proper maintenance of stairs in apartment buildings | |||
| 9 | Work carried out for the purpose of proper maintenance of the facades of apartment buildings | |||
| 10 | Work performed for the proper maintenance of partitions in apartment buildings | |||
| 11 | Work carried out for the purpose of proper maintenance of the interior decoration of apartment buildings - checking the condition of the interior decoration. | |||
| 12 | Work performed for the purpose of proper maintenance of the floors of premises belonging to common property in an apartment building | |||
| 13 | Work performed for the purpose of proper maintenance of window and door fillings of premises belonging to common property in an apartment building | |||
| Work required for proper maintenance equipment and engineering support systems, included in the common property in an apartment building | ||||
| 14 | Work performed for the proper maintenance of garbage chutes in apartment buildings | |||
| 15 | Work performed for the purpose of proper maintenance of ventilation and smoke removal systems of apartment buildings | |||
| 16 | Work performed for the proper maintenance of stoves, fireplaces and hearths in apartment buildings | v | ||
| 17 | Work performed for the proper maintenance of individual heating points and water pumps in apartment buildings | |||
| 18 | General work performed for the proper maintenance of water supply (cold and hot), heating and drainage systems in apartment buildings | |||
| 19 | Work performed for the proper maintenance of heat supply systems (heating, hot water supply) in apartment buildings | |||
| 20 | Work carried out for the purpose of proper maintenance of electrical equipment, radio and telecommunications equipment in an apartment building | |||
| 21 | Work performed for the purpose of proper maintenance of in-house gas equipment systems in an apartment building | v | ||
| 22 | Work carried out for the purpose of proper maintenance and repair of the elevator(s) in an apartment building | |||
| Works and services for the maintenance of other common property in an apartment building | ||||
| 23 | Work on the maintenance of premises that are part of the common property in an apartment building | |||
| 24 | Work on the maintenance of the land plot on which the apartment building is located, with elements of landscaping and landscaping, and other objects intended for the maintenance and operation of this house (hereinafter referred to as the local area), during the cold season | |||
| 25 | Work on maintaining the local area during the warm season | |||
| 26 | Work to ensure the removal, including pumping, of liquid household waste | |||
| 26.1 | Work on the maintenance of areas where municipal solid waste accumulates | |||
| 27 | Work to ensure fire safety requirements - inspections and ensuring the operational condition of fire escapes, manholes, passages, exits, emergency lighting systems, fire extinguishing, alarm systems, fire water supply, fire protection equipment, smoke protection | |||
| 28 | Ensuring the elimination of accidents in accordance with established deadlines on intra-building engineering systems in an apartment building, fulfilling requests from the population | |||
| 29 | Checking the condition and, if necessary, performing work to restore structures and (or) other equipment intended to ensure accessibility conditions for the disabled in the premises of an apartment building | |||
| 30 | Works and services that may affect the provision of accessibility conditions for people with disabilities in the premises of an apartment building are carried out taking into account the provision of such access | |||
| 31 | reception, storage and transfer of technical documentation for an apartment building and other documents related to the management of such a house, provided for by the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491, in the manner established by these Rules, and also their updating and restoration (if necessary) | |||
| 32 | collection, updating and storage of information about the owners and tenants of premises in an apartment building, as well as about persons using common property in an apartment building on the basis of contracts (by decision of the general meeting of owners of premises in an apartment building), including maintaining up-to-date lists in electronic form and ( or) on paper, taking into account the requirements of the legislation of the Russian Federation on the protection of personal data | |||
| 33 | preparation of proposals on the maintenance and repair of common property of owners of premises in an apartment building for their consideration by the general meeting of owners of premises in an apartment building, including | |||
| 33.1 | development, taking into account the minimum list of services and works for the maintenance and repair of common property in an apartment building (hereinafter referred to as the list of services and works), and in the case of management of an apartment building by a partnership or cooperative - the formation of an annual plan for the maintenance and repair of common property in an apartment building | |||
| 33.2 | calculation and justification of the financial needs necessary to provide services and perform work included in the list of services and work, indicating the sources of covering such needs (including taking into account the consideration of price offers on the market for services and work, estimates for the performance of certain types of work) | |||
| 33.3 | preparation of proposals on the issues of carrying out major repairs (reconstruction) of an apartment building, as well as taking actions aimed at reducing the amount of energy resources used in an apartment building and increasing its energy efficiency | |||
| 33.4 | preparation of proposals for the transfer of common property of the owners of premises in an apartment building for the use of other persons on a reimbursable basis on conditions most favorable to the owners of premises in this building, including using competitive selection mechanisms | |||
| 33.5 | ensuring that the owners of premises in an apartment building are familiarized with draft prepared documents on the maintenance and repair of the common property of the owners of premises in an apartment building and the use of this property, as well as organizing a preliminary discussion of these projects | |||
| 34 | organization by the owners of premises in an apartment building, the management bodies of the partnership and cooperative, and in cases provided for by the management agreement of the apartment building, the management organization of consideration by the general meeting of owners of premises in the apartment building, the general meeting of members of the partnership or cooperative (hereinafter referred to as the meeting) of issues related to management apartment building, including: | |||
| 34.1 | notification, including using the state information system for housing and communal services, owners of premises in an apartment building, members of a partnership or cooperative about the holding of a meeting | |||
| 34.2 | ensuring that the owners of premises in an apartment building, members of a partnership or cooperative are familiar with the information and (or) materials that will be considered at the meeting; | |||
| 34.3 | preparation of document forms required for registration of meeting participants; | |||
| 34.5 | preparation of premises for holding a meeting, registration of meeting participants; | |||
| 34.6 | documenting decisions made by the meeting; | |||
| bringing to the attention of the owners of premises in an apartment building, members of a partnership or cooperative of decisions made at the meeting; | ||||
| 35 | organizing the provision of services and performance of work provided for by the list of services and work approved by the decision of the meeting, including | |||
| 35.1 | determining the method of providing services and performing work; | |||
| 35.2 | preparation of tasks for performers of services and works; | |||
| 35.3 | selection, including on a competitive basis, of providers of services and works for the maintenance and repair of common property in an apartment building on terms that are most beneficial for the owners of premises in the apartment building; | |||
| 35.4 | concluding agreements for the provision of services and (or) performance of work for the maintenance and repair of common property of premises owners in an apartment building; | |||
| 35.5 | concluding agreements with the owners and users of premises in an apartment building containing the conditions for the provision of utility services; | |||
| 35.6 | conclusion of energy supply contracts (purchase and sale, supply of electrical energy (power), heat supply and (or) hot water supply, cold water supply, sanitation, gas supply (including supply of domestic gas in cylinders) with resource supply organizations in order to ensure the provision of premises in an apartment building for public utilities of the corresponding type, as well as contracts for maintenance and repair of in-house engineering systems (in cases provided for by the legislation of the Russian Federation); | |||
| 35.7 | concluding other agreements aimed at achieving the goals of managing an apartment building, ensuring the safety and comfort of living in this building; | |||
| 35.8 | monitoring the provision of services and the performance of work on the maintenance and repair of common property in an apartment building by the performers of these services and work, including documentation of the acceptance of such services and work, as well as the facts of the performance of services and work of inadequate quality; | |||
| 35.9 | conducting claims and lawsuits when identifying violations by service and work providers of obligations arising from contracts for the provision of services and (or) performance of work on the maintenance and repair of the common property of the owners of premises in an apartment building; | |||
| 36 | interaction with state authorities and local governments on issues related to the management of an apartment building | |||
| 37 | organization and implementation of payments for services and work on the maintenance and repair of common property in an apartment building, including services and work on managing an apartment building, and utilities, including: | |||
| 37.1 | accrual of mandatory payments and contributions related to the payment of expenses for the maintenance and repair of common property in an apartment building and utilities in accordance with the requirements of the legislation of the Russian Federation; | |||
| 37.2 | registration of payment documents and sending them to owners and users of premises in an apartment building; | |||
| 37.3 | implementation by management organizations, partnerships and cooperatives of settlements with resource supplying organizations for utility resources supplied under resource supply agreements in order to ensure the provision of utility services of the appropriate type to the owners and users of premises in an apartment building in the prescribed manner; | |||
| 37.4 | conducting claims and lawsuits against persons who have not fulfilled the obligation to pay for housing and utilities provided for by the housing legislation of the Russian Federation; | |||
| 38 | ensuring that the owners of premises in an apartment building, the management bodies of the partnership and cooperative control the implementation of the decisions of the meeting, the implementation of lists of services and works, increasing the safety and comfort of living, as well as achieving the goals of the management of the apartment building, including: | |||
| 38.1 | providing owners of premises in an apartment building with reports on the fulfillment of obligations to manage the apartment building with the frequency and to the extent established by the decision of the meeting and the management agreement for the apartment building; | |||
| 38.2 | disclosure of information about the activities of managing an apartment building in accordance with the standard for disclosure of information by organizations operating in the field of management of apartment buildings, approved by Decree of the Government of the Russian Federation of September 23, 2010 N 731; | |||
| 38.3 | receiving and considering applications, proposals and appeals from owners and users of premises in an apartment building; | |||
| 38.4 | ensuring the participation of representatives of the owners of premises in an apartment building in monitoring the quality of services and work, including during their acceptance. | |||
| Total, cost per year = ___________ rub., cost per month per 1 sq.m. __________________ rub. | ||||
Who should pay for it
Maintenance of collective property is the responsibility of the residents. This obligation is specified in the Rules for the maintenance of collective property, approved by Government Resolution No. 491[3].
Thus, they must transfer a certain amount monthly, and also make additional contributions for capital repairs in order to cover the expenses of the management company in carrying out its activities. At the same time, consumers are obliged to pay only for what they themselves have chosen.
Additional services introduced without the consent of the owners may not be paid for, except in cases provided for by law or the terms of the agreement. Any changes must be agreed with payers. The list of services is approved at a meeting of owners, and the cost of the service is immediately determined during the process. The price should not exceed the established standard. If the service costs more than expected, the supplier pays the difference.
How is the cost calculated?
According to housing legislation, the amount of payment for securing premises depends on the owner’s share in the house. The share is determined according to the rules established by Art. 37 Housing Code of the Russian Federation[4].
Thus, in order to calculate the amount of payment for work performed to ensure OI, the owner simply needs to multiply the standard by the square meters of the apartment. The tariff is set by all residents at a meeting, it is valid for a year, after which a new one is calculated. This method is used by housing and communal services when calculating rent.
CALCULATION OF FEE for content maintenance. Unusual (as required by law)
FEE for the maintenance of COMMON PROPERTY.
How to calculate it?
1. Regulatory framework
By virtue of Part 1 of Art. 35 of the Constitution of the Russian Federation, the right to private property is protected by law. Part 2 Art. 35 of the Constitution of the Russian Federation establishes that everyone has the right to own property, own, use and dispose of it, both individually and jointly with other persons.
Article 249 of the Civil Code of the Russian Federation reproduces this principle, establishing that each participant in shared ownership is obliged, in proportion to his share, to participate in the payment of taxes, fees and other payments on common property, as well as in the costs of its maintenance and preservation. This general rule is enshrined in paragraph 1 of Art. 158 of the Housing Code of the Russian Federation, according to which the owner of premises in an apartment building is obliged to participate in the costs of maintaining common property in an apartment building in proportion to his share in the right of common ownership of this property by paying a fee.
According to Art. 39 of the Housing Code of the Russian Federation, the owner of the residential premises bears the burden of maintaining the common property in the part and his share in the right to the common property of the apartment building. The share of mandatory expenses for the maintenance of common property in an apartment building, the burden of which is borne by the owner of the premises in such a house, is determined by the share in the right of common ownership of the common property in such a house of the specified owner. The share in the right of common ownership of common property in an apartment building of the owner of the premises in this house is proportional to the size of the total area of the specified premises by virtue of clause 1 of Art. 37 Housing Code of the Russian Federation.
2. Calculation method
To correctly calculate the share in the right to the common property of an apartment building of the owner (residential or non-residential) premises in this building, it is necessary to establish: 1) the total area of the apartment building; 2) the total area of premises owned by the owners; 3) the total area of the premises belonging to a specific owner.
In the absence of a decision by the owners on a different determination of the share in the right to common property in an apartment building, one should be guided by the general rule according to which, in order to determine the share in the right to common property in an apartment building, the proportion should be calculated according to the rule of paragraph 1 of Article 37 of the Housing Code of the Russian Federation.
The Constitutional Court of Russia drew attention to this in paragraph 3 of its Resolution No. 5-P dated January 29, 2018, as well as the Supreme Court of Russia in its Decision No. 305-ES18-13931 dated September 25, 2018, according to which the amount of payment for the maintenance and repair of common property determined by the share in the right of common ownership of common property, which is proportional and not equal to the size of the apartment area.
Thus, when calculating fees for housing services, the tariff established in rubles per square meter should be multiplied not by the area of the premises in the property, but by another area - by the area of the payer's share in the common property, determined by multiplying the share (a dimensionless value, which is always less units) per area of common property.
3. Calculation example
Following the law, we come to the conclusion that the tariff factors must be two quantities: the share in the right and the area of the common property.
Let's take a typical five-story apartment building. Let the area of the property be 3000 square meters, the number of apartments will be 60, the area of each apartment will be 50 square meters (total 60 X 50 = 3000). We will take the area of the common premises of the apartment building to be 450 square meters. Let the housing maintenance tariff be 20 rubles per square meter.
Then the share in the common property: 50/3000 = 1/60. Multiplying the share by the area of common property (450) and the tariff (20), we get:
20 rub./sq.m x 1/60 x 450 sq.m = 150 rub.
For comparison, we will show the result of scammers using the area of an apartment (50 sq m) as a tariff factor:
20 rub./sq.m x 50 sq.m = 1000 rub.
How does this appear on the receipt?
Organizations charge a separate fee for housing services. It is separately registered in housing and communal services receipts. A new column in the payment bill appeared in 2021; previously, housing services were included in utilities.
If the service company lists any service to provide OI in a separate column, the payer should not have to pay for it. Since this is contrary to the norms of Housing Legislation. This is how the management company tries to get double profits by misleading users. If you find an additional column in the receipt, you must immediately contact the management of the management company with a request to eliminate the violation. If you ignore the application, you should write a complaint to the housing inspectorate.
Who is responsible for the MOP
Art. 210 and Art. 39 of the Housing Code, place responsibility for the maintenance of common property on the owners of residential premises. They are the ones who bear financial responsibilities.
The scope of each owner's responsibilities is proportional to his share in the common ownership, and it, we recall, is determined by the size of his home. That is, the larger the living space of a particular owner, the greater his share in the care of common property. Consequently, the maintenance of residential premises in the housing and communal services receipt is a value tied to the area of the apartment.
In accordance with the Rules for the maintenance of common property in apartment buildings, owners, by joint agreement, have the right, with some exceptions, to independently provide care and carry out repairs to common property.
Learn more about how an apartment building is directly managed.
In addition, the management, operation and maintenance of an apartment building are often entrusted to third parties, based on the chosen management method. By general decision of the owners, this can be:
- homeowners association (HOA);
- housing construction cooperative (HBC);
- other specialized association of owners.
There is another option: services for the maintenance and repair of common property are provided by a specially created management company. As a rule, these are old housing offices or their updated forms.
To ensure transparent cooperation with them, find out more about what the rights and responsibilities of an apartment building management company include.
What if you don't pay?
Many people think that they should pay only for what they have in their housing (water, electricity, gas), and refuse to pay for other activities of the management company. Refusal to pay is a violation and the person will be prosecuted. Since paying money for the service provided is the responsibility of users, which arises from the moment the contract is signed. For violation of the terms of the contract, the party is obliged to pay a fine and debt.
If the supplier refuses to voluntarily fulfill the obligation, it may stop supplying resources and contact law enforcement agencies. However, the payer’s actions will be legal if violations were committed by the organization (providing services of inadequate quality, making incorrect calculations).
