Who can avoid paying for major repairs? Are residents required to pay fees for major repairs in new buildings? Benefits for paying fees

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.

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 of retirement age and (or) non-working disabled people of groups I and (or) II, 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.

(see text in the previous edition)

3. The obligation to pay contributions for major repairs arises for the owners of premises in an apartment building after the expiration of the period established by the law of the constituent entity of the Russian Federation, which is no less than three and no more than eight calendar months, starting from the month following the month in which the approved document was officially published regional capital repair program in which this apartment building is included, except for the case established by part 5.1 of Article 170 of this Code.

(see text in the previous edition)

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.

(see text in the previous edition)

Since 2012, a law on independent payment by apartment owners for major repairs of residential buildings came into force. Many people did not approve of the new line in the rent bill. In this regard, citizens have a question: do they need to pay for major repairs of an apartment building, and is it possible to legally refuse monthly contributions? You need to pay for major repairs, but there are several ways you can avoid these payments.

Should contributions for major repairs be made voluntarily?

According to the amendment to the Housing Code, the population of the country is obliged to make contributions for major repairs to their regional operators or to the “common pot”. It is worth noting that if the decision of the general meeting regarding the latter case was not made, then contributions for the “common pot” are charged by default.

Since apartment owners also have common property in the building, they are obliged to maintain such property, including paying for its major repairs.

The share of expenses paid for maintaining the house is determined by the size of the common property area - the larger it is, the larger the payments will be.

Why doesn’t the responsibility for major repairs lie with the state?

Every apartment owner tries to maintain order in it, but the house itself also requires care. The responsibility for routine repairs of apartment buildings lies with management companies - they must maintain entrances, basements and other premises that are in common use in proper condition.

However, to replace worn-out pipes or an old elevator, serious investments are required. It is quite difficult to collect a substantial amount at one time, so money for major repairs needs to be saved, just as owners of private houses renovate their houses at their own expense, setting aside some of the money for carrying out particularly costly capital work in the future.

According to the Ministry of Construction, more than 1 million m² of apartment buildings in Russia currently require repairs. To update the current roof in a standard five-story building, approximately 1.5 million rubles are required, and to replace an elevator - 2 million. It is irrational to pay for such repairs with budgetary funds.

In Russia, approximately 30% of the population has private houses, and to repair the same roof, their owners use their own money rather than budget money. Likewise, owners of apartment buildings must repair their property not at the expense of the budget, but at their own expense.

Who can avoid paying for major repairs?

Substantial social support is provided for vulnerable categories of the population and older people. Certain categories of citizens have the opportunity to benefit from compensation, which can be 50 or 100% of the contribution for major repairs.

The article of the law provides for exemption from payment of contributions in the following cases:

if there are 4 or fewer apartments in a residential building, subject to independent maintenance of the house by the residents, it should be noted that, if desired, the owners of apartments in such buildings also have the opportunity to use the overhaul program after writing a corresponding application to their management company;
persons living in public housing;
persons living in new houses that were put into operation no earlier than 5 years ago;
persons living in emergency apartments;
residents of houses whose apartments exit directly to the street due to the lack of entrances; accordingly, the total area in such houses is also absent.

In addition, a separate co-financing program is provided for dormitory residents. For disabled people of groups 1 and 2 and families with disabled children, the state will also compensate half of the cost of contributions.

Exemption from payment of contributions is provided for pensioners over 80 years of age, labor and WWII veterans. Elderly people over 70 years of age will have to pay only half of the established amount.

Determining the amount of the contribution and the queue for major repairs

Each subject of the federation determines the amount of contributions separately:

the tariff in Moscow is 15 rubles. for 1 m²;
in Voronezh - 6.6 rubles;
in St. Petersburg - 2.5 rubles;
in Tyumen - 20 rubles.

Residents of different houses may see different bill amounts on their receipts. They are calculated according to the following data:

Age of the house. If the building was completed just a year ago, then a large amount of money is not required to repair it. And on the contrary, pre-revolutionary buildings require significantly more funds for repairs, so the contribution amount for such houses will be larger.
Elevators. Elevator maintenance and repairs require additional funds, so residents of buildings equipped with elevators will also have to pay more.

The queue for repair work is determined depending on the following criteria:

statute of limitations for putting the house into operation;
statute of limitations for the last repair;
the ratio between the amount of money collected for repairs and the amount required for it.

All work performed must be carried out according to a plan drawn up by local authorities. Such plans must contain dates for work to be carried out on each individual home. Anyone has the right to access this data.

Are fees for major repairs legal?

The requirement to pay for major repairs is not only legal, but also necessary in the current situation in the country. The condition of the old housing stock currently leaves much to be desired, which creates the threat of numerous emergency situations in the near future.

By paying fees in accordance with the law, apartment owners not only comply with the requirements of the law, but also ensure their own safety.

The money paid is not considered a tax, since it is spent only for its intended purpose. Regional budgets can allocate funds for building repairs.

Deferred payments

Residents often encounter problems regarding deadlines set by the state. For example, the regional law in the Tula region stipulates that 3 years after the commissioning of a new building, residents undertake to begin paying contributions for its major repairs.

However, in most cases, developers provide a five-year warranty on buildings, and in such cases, residents do not understand why they should waste their money. You should know that if there is no need for major work on the house, residents have the right to ask for a deferment. The decision on it is discussed by homeowners at a general meeting. If all apartment owners make a unanimous decision to postpone, then the administration should meet them.

To obtain such a deferment, it is necessary to submit a collective application to the administration, signed by all residents. The authorities will inspect the building, assess its condition, and then either refuse or issue a deferment.

Only those residents of buildings whose service life does not exceed five years have the right to a deferment.

Video about paying for major repairs

How can you avoid paying legally?

Those who do not want to pay for major repairs should be aware of the following nuances:

When renting out an apartment, the corresponding bills can be paid from the money paid by the tenants.
You can also carry out major repairs yourself, “throwing away” the entire house for repair work. The question of whether it will be possible to save money in this case depends on the amount of the estimate.
Residents can provide the façade of their building for those wishing to place advertisements, banners, etc. on it. This method frees residents from any investments on completely legal grounds.

What happens if you don't pay your dues? Ignoring an invoice for major repairs may result in penalties and debt collection in court. In this case, the debtor will be limited in the ability to use subsidies and benefits that may be due to their relatives.

According to current laws, people who own residential real estate that is part of apartment buildings must pay considerable sums from month to month for major repairs of the area that is considered common property. In particular, this money should be used to regularly repair the facade, roof, and entrances. In practice, such work has to wait for years. This encourages many to ignore contributions for major repairs. In this case, each new payment comes more than the previous one, since management companies charge special interest on late payments. They are called “penalties for major repairs”.

Disputes and laws

To this day, major renovations of areas that are in the common possession of all home owners cause a large number of disagreements. How legal is it to compulsorily collect money from all those who own property in a high-rise building? Is it right to charge additional amounts from those who are not ready or cannot pay on time for major repairs? And in general: over the past few years, many management companies in our country have accumulated decent millions, sent to the bank and bringing benefits in the form of interest, which each “manager” puts in her own pocket without benefit to the residents who paid the money.

But not paying what is due on time is fraught with danger. Penalties for major repairs are calculated using a special formula. From month to month, bills grow and grow until the numbers begin to frighten even those who are used to dealing with debts. In this situation, people are trying to figure out whether the penalty for major repairs was calculated correctly, whether the court can come to their aid, and also how to reduce the debt without parting with a huge amount of money. Unfortunately, the legislation has not yet been worked out thoroughly enough, so certain difficulties arise regularly.

Contributions: how it works

The law, according to which it is necessary to create a special account for major repairs of a house, collect money from the owners on a monthly basis, and then spend it on major events to maintain the building in good condition, was adopted back in 2012. It follows from the document that from this moment on the owners are responsible for maintaining the structure and making repairs as needed. The legislative act came into force on the first day of 2014. And immediately, out of all other bills for housing and communal services, major repairs stood out in large sums.

According to the law, such repairs are carried out according to the following scheme:

every month the owners pay certain amounts, which are collected by the fund responsible for this;
The fund uses the money raised to carry out repair work.

The organization of work is carried out through a regional tender, during which any organization with suitable capacity and qualifications expresses a desire to participate in the contract.

How to spend money?

The company that wins the auction draws up a major renovation project and, as soon as it is approved, implements all the specified work on communications inside the house and on the territory related to this house. In this way, it is possible to install, for example, devices for metering the consumption of resources in a building. The fund withdraws money from the amount paid by the owners and settles with the contractor.

Contributions for major repairs paid by the owners of territories in a residential building are accumulated in the fund of the registered region where the building is being built. There are regional funds that work with contractors, organize tenders and create lists of organizations capable of completing the work. They have the right to operate only in their region.

How to pay?

Money collected for major repairs is paid through the operator of a particular region. Payment deadlines are regulated by regulations adopted by the territorial formation. The documentation also tells you exactly how to pay. In this case, the money is paid “month by month.” This means that in January bills for January will arrive, in February - for February, and so on.

In some regions, authorities have established that the payment deadline is until the 10th of the next month. This scheme is familiar to everyone, since it has long been customary to pay other housing and communal services bills using it. As a result, bills received, for example, for January, the owner must pay off no later than February 10. If this does not happen, a debt for major repairs arises.

What to pay and how much?

In order to pay money, which will then be used to repair the facade, roof, communications, you must first receive a receipt. It tells you how much money should be given away. In short, the system is similar to the one by which usual services are paid: water, gas, heat. You can pay either through special cash desks or through a bank or post office. The easiest option is to use your personal account in the online version of your bank. However, you need to carefully enter the details so that the payment goes where it is needed.

How large a figure the owner will see on the receipt is determined by the following factors:

area of housing owned;
regional tariff;
presence of debt.

In many regions the tariff is about five rubles per square meter. The region's Federal Financial Markets Service can provide accurate information at any time. Specialists are obliged to clearly explain to everyone what the base rate is, what factors play a role, how you can pay and by what time it will have to be done, as well as the answer to questions about why this money is paid and what benefit it will bring to the owner.

When should you pay less?

reduced tariff;
compensation for part of what was paid;
exemption from payments.

The local municipality is in charge of establishing the categories of residents who are entitled to it. Officials also determine how much relief will be for certain individuals.

What if you don't pay?

If a citizen who owns property in a multi-storey building is unwilling or unable to pay for major repairs on time, then he is issued a fine. This issue is regulated by Article 155 of the Housing Code in force in our country. It follows from it that a person who is late in payments must repay his debt in full, and in addition to it, also pay penalties for major repairs. How large the interest is is established by the 14th part of this article. Penalty and interest are different concepts, which in this particular case are often equated to each other, since we are talking about charges applied to a person in debt.

But from the official point of view, there are no penalties for major repairs at all, as well as penalties associated with late payments. The FCR calls this money reserves, taken to replenish the fund's reserves. That is, this additional money, as well as the contributions required by law, goes into the “common pot” to be used for major repairs. Such complexity of terminologies leads to the fact that many are convinced that penalties for major repairs are illegal and there is no need to pay them. In practice, the complexity of using official terms excludes the possibility of avoiding debt settlement: you will still have to pay, no matter what you call it, because additional charges are called “penalties” only among the people and are fully consistent with the law.

How much penalty should I pay?

How large can the penalties for major repairs be? This depends on a number of factors. Arrears occur when the owner:

did not pay the entire amount of bills;
paid the amount in full, but not on time;
paid nothing on the bills for major repairs.

Any of the options involves a violation of the order established by law and leads to the collection of additional money. The fine is calculated using the formula:

P = Wk x StRef: 300

Ned is the amount that the fund did not receive from the owner. StRef is the refinancing rate introduced by the Central Bank of the country. There is a possibility that the rate has changed during the period for which calculations are being made. In this case, take the indicator valid on the date of issue of the current account.

What to do?

If a certain owner has received a notice and it follows from an official document that he has violated the procedure for paying contributions for major repairs, which leads to the collection of additional amounts, he can calculate for himself how much he will have to pay. In order not to miss anything, it is recommended to collect as much information as possible and check whether you really broke the law or whether the paper arrived in error.

It all starts with finding out the standards that are fair for a particular region. So, contact the regional fund to find out what the deadlines for payment are. Next, check on what specific day you redeemed the receipts received. This information can be found in payment documents: bank statement, receipt or check.

If it is determined that payment occurred after the due date, you need to calculate how large the time difference is in days. In this case, the first is not the day on which the amount must be paid, but the next one. For example, if the region has a payment deadline of the 10th of the next month, then the first day of delay is the 11th. The last day is the one when the money was actually sent to the recipient, that is, to the fund or management company.

If the entire amount was paid late, then it is all considered arrears and takes the place of the “Wed” variable in the above formula. If part of the amount on the account was sent to the recipient before the required day, and part - after, then the second amount is used as arrears, that is, sent with a delay.

The late payment notice contains a date. On the Central Bank website, check how high the refinancing rate was at that moment. So, all the information is available, so the numbers can be substituted into the previously specified formula. The calculation results must be compared with the figure in the notification. If there is a discrepancy, you must contact the regional fund and demand an explanation.

To pay or not to pay?

Major repairs, contributions for them, penalties associated with late payment of amounts are the topic of a huge number of conflicts between individuals and management companies. Obviously, many people turn to the courts in search of justice, so in just three years a decent amount of practice has already accumulated.

The main reasons for not paying receipts:

The Tax Code does not contain a requirement to pay contributions for capital repairs.
The Tax Code makes no mention of penalties, late payments, or additional charges associated with non-payment of bills for major repairs.
The country's laws make no mention of payment for outstanding utility bills.

Since management companies and funds collect money for major repairs just like that, but cannot provide either a certificate of completion or an estimate confirming that the repairs were carried out, people who do not want to pay on receipts refuse to contribute money.

And it's still unclear

Last year, deputies wrote an appeal to the country's Constitutional Court, where they demanded a clear explanation of the fact that fees for major repairs are justified, legal, and everyone is obliged to pay them. In April of the same year, the court confirmed the validity of collecting funds from the owners. Additionally, the supreme authority clarified that the owners are not obliged to donate money to special third-party funds; they can accumulate funds themselves and carry out repairs with them when it turns out to be necessary.

Residents of each apartment building are given a certain time period during which they must decide whether they will raise funds themselves or entrust this to a centralized organization responsible to the municipality. If the fund demands payment of money without first obtaining consent from the population, then it can go to court. The claim must come directly from the owners affected by such illegal practices. By court decision, residents can begin centralized collection of money among themselves without using the reserves of the regional fund. However, as it became clear from judicial practice in 2016-2017, it usually takes at least a year to exit the fund.

And what does it mean?

If we analyze the decision of the Constitutional Court, regulations, legal papers currently valid in the country, it becomes clear that contributions for major repairs must be paid without fail. This, in turn, means that collecting amounts in default is an absolutely legal process. If a willful defaulter has brought the situation to the point where he is taken to court on this issue, the owner will be found to be in the wrong and will be required to pay the full amount, including interest, as well as pay legal costs.

How can you pay less?

Since it is not possible to completely eliminate contributions for major repairs, another question arises: how can you save money? There are legal ways to reduce the amounts required from people to regional funds. We are talking about various benefits that apply in a particular region.

Regional laws precisely determine which categories of citizens can count on relaxations in the calculation of utility bills, including for major repairs. To find out who is eligible for concessions, you need to contact representatives of the local fund. As a rule, these categories of citizens are:

disabled people;
the poor;
large families;
raising disabled children;
single parents;
victims of man-made accidents.

Who else doesn't pay the full amount?

In some regions, special conditions have also been established for:

teachers;
military;
workers involved in agriculture.

If the owner has the right to concessions, but does not receive them, he needs to contact the specialists of the regional fund. As a rule, you will have to have with you a document indicating that the person actually belongs to the number of beneficiaries.

Special cases

Very often, contributions for major repairs are not round sums, since much depends on the area of the home. But in practice, people try to pay money by rounding it up. For example: 376 rubles are credited, but a person pays 380, and does not even think about whether this is correct. As ordinary people often say: “Just think, it’s not a pity.” Does the fund have the right to take such amounts?

The situation is as follows. At a meeting of residents of an apartment building, the amount that they will pay monthly to the management company and then to the regional fund is established. In the case when such a meeting decided that, with a regional standard of 376 rubles, people in their home would pay 380 rubles, which means that the fund has the right to collect such payments. If this does not happen, then utility companies can take exactly as much as is stated in the average for the region.

Federal benefits

In 2016, the legislation regarding contributions for capital repairs underwent changes affecting the category of beneficiaries. If previously it was possible to obtain relaxations only from regional authorities, now they are also provided by federal ones and apply to all regions. So, you can count on special conditions:

people who have confirmed disability of the first and second groups;
families raising disabled people;
owners who have crossed the 80-year mark may not pay anything at all;
Owners aged 70 or older pay only half of the premiums.

What awaits those who will not pay for major repairs?

In accordance with Article 154, 159-160 of the Housing Code of the Russian Federation, in case of non-payment of contributions for major repairs, liability is provided in the form of imposition of penalties, judicial collection of the resulting debt, suspension of the payment of benefits and subsidies due to the owners.

The material was prepared based on commentsDeputy Minister of Construction and Housing and Communal Services Andrei Chibis, member of the board of the AKON association Nikita Chulochnikov, lawyer of the Malov and Partners bar association Larisa Maltseva.

Can the owner refuse to pay contributions for major repairs and on what grounds?

No, he can not. But there are certain categories of residents who are exempt from paying such fees: residents of municipal housing stock and owners of premises in apartment buildings recognized as unsafe and subject to demolition, as well as in apartment buildings in respect of which a decision has been made by state authorities or local governments to seize for state or municipal needs of the land plot on which this apartment building is located, and on the seizure of each residential premises in this building (for example, for the construction of transport infrastructure facilities).

However, the laws of the constituent entities of the Russian Federation may also provide benefits for older citizens in paying contributions for major repairs. Since January 1, 2016, the Housing Code gives regions the right to exempt single non-working Russians aged 80 years and older from paying contributions for major repairs and the right to provide a 50% discount for single non-working citizens over 70 years of age. For example, this right has already been implemented at the level of Moscow and a number of other constituent entities of the Russian Federation.

In addition, the Housing Code establishes that disabled people of groups I and II, disabled children, and citizens with disabled children are provided with compensation for the costs of paying a contribution for major repairs in the amount of no more than 50% of this contribution.

Are fees for major repairs a violation of the Constitution of the Russian Federation?

No, they are not. The provision of Part 1 of Article 169 of the Housing Code of the Russian Federation, which establishes as a general rule the obligation of owners of premises in apartment buildings to pay monthly contributions for major repairs of common property in these buildings (except for cases established by law), in its constitutional and legal meaning implies joint and equal participation of all owners of premises in such buildings - regardless of the date of origin of ownership of specific premises, the basis for its acquisition and form of ownership - in the formation of capital repair funds for common property in apartment buildings and as such does not contradict the Constitution of the Russian Federation. This was recently pointed out by the Constitutional Court in its ruling in connection with a request from State Duma deputies (Resolution No. 10-P of April 12, 2016).

The Constitutional Court of the Russian Federation recognized contributions for major repairs of residential buildings as complying with the basic law of the country and noted that the right of ownership of residential premises entails the obligation to take care of the common property and the safety of the apartment building.

Contributions for capital repairs are not a tax, since the funds collected must be spent exclusively for the intended purpose. This fact, however, does not cancel the state’s obligations to residents of houses requiring major repairs. Funds from regional budgets can be used to repair such buildings.

Shouldn't the state be involved in major renovations of houses?

Each of us keeps our apartment in order, but the house itself also needs care. The management company is responsible for the current repairs of an apartment building - it is obliged to monitor the condition of entrances, basements and other premises in common use. But replacing old pipes or an old elevator requires serious investments, so it is necessary to save money for major repairs and this is the task of the owners. Just as the owners of private houses (and there are about a third of them in the country) independently pay for the repairs of their houses, setting aside money for capital, especially costly work.

Now in Russia, according to the Ministry of Construction, of the 2.5 billion square meters in apartment buildings, about half need major repairs. At the same time, even a new house will have to be repaired sooner or later. To update the current roof of a standard five-story building, you will have to spend about 1.5 million rubles. Replacing the elevator costs about 2 million. It is irrational to take these funds from the budget. In our country, about 30% of the population lives in private houses (the repair of the roof of which no one even thinks of paying for from the budget) - so why should their taxes be used to repair apartment buildings?

Vulnerable categories of the population and the older generation receive significant social support - the country spent 32.6 billion rubles for these purposes in 2015 alone. Certain categories of citizens are provided with compensation in the amount of 50% or 100% of the contribution for major repairs.

Shouldn't contributions for major repairs be voluntary?

No, contributions for major repairs are not voluntary. This is due to the fact that the owners of premises in an apartment building also own the common property in the house on the right of common shared ownership and, accordingly, bear the burden of maintaining such property, including the obligation to repair it. The share of expenses for such maintenance depends on the share in the common property right (that is, the larger the area, the larger the payment).

Thus, paying contributions for major repairs is the responsibility of the owners. Article 154 Part 3 of the Civil Code of the Russian Federation (as amended by Federal Law No. 263-FZ of July 21, 2014) stipulates that the owners of residential buildings bear the costs of their maintenance and repairs.

By the way, transferring money to the “common pot” in the absence of a decision of the general meeting of owners is introduced by default.

Each subject of the Russian Federation adopts its own regulatory act that regulates the procedure for paying for capital repairs of an apartment building based on the requirements provided for by the Housing Code and Federal Law No. 185-FZ “On the Fund for Assistance to the Reform of Housing and Communal Services.”

For several years now, on the Internet, and especially on social networks, one of the greatest misconceptions has been spreading and being heatedly discussed: that payment for major repairs is not mandatory. I will quote the distributed text, preserving spelling and punctuation:

The Supreme Court ruling dated 06/04/2014 No. A-57-APG14-2 payment for major repairs for homeowners is NOT MANDATORY, this is a fund, and the fund is collected from voluntary Donations Further, the Constitution of the Russian Federation does not provide for payment for NON-EXISTENT SERVICES.

So. This statement is MIF. A monthly contribution from the owner of the premises for major repairs is required. Let's break this text down into its components.

Stage No. 1 of dispelling the myth that the Payment for major repairs IS NOT mandatory “Determination of the RF Armed Forces”

We turn to the announced Ruling of the Supreme Court of the Russian Federation on June 04, 2014, No. A-57-APG14-2. Indeed, such a definition exists, but before the author of the lines drew any conclusions, this definition had to be comprehended after reading and, moreover, not to take phrases out of context. We present the above-mentioned Determination of the RF Armed Forces to your attention:

As we see, by the decision of the Armed Forces of the Russian Federation, the complaint of citizen N.V. Bezugloy was refused. on recognizing the Law of the Belgorod Region of January 31, 2013 “On the creation of a system for financing capital repairs of common property in apartment buildings in the Belgorod Region” as contrary to federal legislation and invalid, based on the appeal of N.V. Bezugloy. on the decision of the Belgorod Regional Court of February 10, 2014.

The Supreme Court of the Russian Federation concluded that in refusing to satisfy the stated requirements, the regional court proceeded from the fact that the contested law was adopted by a subject of the Russian Federation within the limits of the powers granted to it in development of the provisions of Art. 167 of the Housing Code of the Russian Federation and is aimed at regulating the creation and activities of a regional operator. Thus, the court reasonably came to the conclusion that the contested law does not violate the rights and legitimate interests of the applicant, since it does not establish the obligation of the owners of apartment buildings to pay contributions for major repairs.

In other words, disputed by N.V. Bezuglov. the law did not establish the obligation of premises owners to pay contributions for capital repairs. The adoption of this law was not aimed at imposing any obligations on the owners of premises, but at regulating the creation and activities of a regional operator. And even more so, the Supreme Court of the Russian Federation in its ruling did not draw the conclusion that, in a general sense, payment for major repairs is not mandatory.

Stage No. 2 dispelling the myth that the payment for major repairs is NOT mandatory “Fund – voluntary donations”

Indeed, one of the forms of non-profit associations, in accordance with Part 1 of Art. 7 of the Federal Law of January 12, 1996 N 7-FZ “On Non-Profit Organizations” A foundation is recognized as a non-profit organization that does not have a membership, established by citizens and (or) legal entities on the basis of voluntary property contributions and pursuing social, charitable, cultural, educational or other socially beneficial goals.The property transferred to the foundation by its founders (founder) is the property of the foundation. The founders are not liable for the obligations of the fund they created, and the fund is not liable for the obligations of its founders .

But, turning to part 4 of the said article, we see that the legislator provides for the creation of separate funds, which is the Capital Repair Fund, the activities and legal status of which are no longer regulated by the Law on Non-Profit Organizations, but by Chapter 17 of the Housing Code of the Russian Federation. This chapter establishes a special procedure for the use of funds by the regional operator, as well as a number of restrictions not provided for by the Law on Non-Profit Organizations.

The obligation to pay contributions for major repairs is established by Part 1 of Article 169 of the Housing Code of the Russian Federation. That is, the voluntary nature of contributions is not provided for by law.

Additionally, it is worth noting that Resolution No. 10-P of April 12, 2016 The Constitutional Court of the Russian Federation, in connection with requests from groups of deputies of the State Duma of the Russian Federation, assessed the constitutionality of the provisions of Part 1 of Article 169, Parts 4 and 7 of Article 170 and Part 4 of Article 179 of the Housing Code of the Russian Federation. All the contested norms were recognized as not contradicting the Constitution of the Russian Federation.

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