the receipt for payment of housing and communal services directed to citizens of the Russian Federation, there is a line - "Repair".What are the legal grounds for its application to the relevant payment document?What structures are responsible for the collection of revenues from the citizens for this purpose, as well as for the practical conduct of overhaul?
Do I have to pay for major repairs?
Yes, in accordance with Russian legislation, mandatory.Appropriate adjustments to legislation have been introduced in 2014.Apartment owners undertake to pay cash in the amount that is determined by the tariffs approved by the legislative bodies of the particular subject of the Russian Federation and shall be calculated based on the area of the premises.That is, the corresponding value set by the authorities, multiplied by the number of square meters of housing.
So, if we were concerned about such phenomena as the overhaul of apartment buildings (or not pay), we answered.Matching contributions are necessary.This LCD RF contains provisions under which property owners of the apartments retain the right to make money.If a citizen sells a dwelling, for which he made contributions to the overhaul, the right to use the respective asset to the buyer.
Overhaul of houses: Understanding
There are two basic schemes, under which the possible overhaul of apartment buildings.The law assumes that they are legally equivalent - it is the choice of citizens.
first scheme - using the services of specialized regional funds - institutions in the status of NGOs.The second - the creation of a separate account in which to accumulate money to carry out major repairs.
In the first case, the terms and the procedure for repair are recorded in a special regional program.In the second scenario, the source is also important, but citizens within the established criteria may be appropriate to adjust the conditions of implementation of the necessary work.
Typically, each house has a service life in accordance with the regulations.If at the time when the building in accordance with the marked criterion should be repaired, the citizens have not created a special account, it falls under the jurisdiction of the regional operator.
costs for the repair of the municipal housing fund bears the relevant local authority.Contributions to overhaul the owner does.In this case, the Municipality.But in the private residential apartment fund this obligation rests with the owners of apartments.
How will receipt
way the owners will be delivered a receipt for payment of capital repairs, depending on the option selected accumulation of funds.Their legislation provides, as we noted above, two: in a separate account or on account of the regional operator.In the first case the receipts often sends HOA, in the second - the state institutions dealing with the overhaul of apartment buildings.If the apartment building is managed by a management company, the corresponding obligations to deliver bills to citizens are assigned to it.
procedure for capital repairs of apartment buildings provided by the legislation, is carried out within the time limits which depend, first, on the reserve maintenance period for certain elements of the design of a residential building, and secondly, bythe method of forming the respective capital.
If money accumulates regional operator, the overhaul carried out by the approved program.Typically, the first home repaired with a considerable degree of wear.Regarding the scenario in which monetary fund capital repairs of apartment buildings in the possession of the HOA, it should be noted that the period prescribed in the regional program, indicate the time to which the relevant work in any case, must be carried out.It is expected, therefore, that the HOA will be able to implement them even faster than it could do a regional operator.
If the issues involved in the overhaul public institution, an important factor in the formation of the sequence of houses for repairs - is the payment discipline of the apartment owners.If citizens are not too eager to timely payment of bills for utilities, this may influence the timing of major repairs in their homes.But if you wear a residential building obviously making it difficult to operate, then regardless of the value of debt on utility bills repairs can be carried out at the facility at the earliest possible time.Help
Regardless of the form of the accumulation of capital for capital repairs, assistance to citizens, to transfer funds for the maintenance of the house, can provide state.So, in the budgets of many regions includes funds to offset the corresponding amounts to 50-100%, depending on the social category of citizens.
specifics of regional operators
consider in detail the specifics of the most regional operators, which we have said above.What kind of institution?In most cases, a non-profit organization under the jurisdiction of the executive authority of the region, which is responsible for capital repairs of apartment buildings.Typically, government structure, establishing the regional operators, referred to as the Ministry of Housing or other similar ways.
The main function of the operators in question, - full control of a procedure such as major home repairs, sending receipts from citizens and finishing procedures, acceptance of construction work related to the development of buildings.Financial responsibility for the activities of these structures often lies with the Government of the Federation.
activities of regional operators assumed to be very clear: for example, information reflecting the results of the activities of these organizations are usually posted on their sites.Every owner is thus able to see how increased monetary fund capital repairs of apartment buildings that he himself is regularly updated, to get acquainted with the list of works to be carried out at home, or with information about the performance of contractors.
Such transparency of the regional operators connected with the desire of the authorities to increase the trust of citizens.To no one to ask questions about whether to hold overhaul of apartment buildings, to pay or not for the respective services.People need to understand that the operator - a stable structure, and it will not disappear from the amount paid.
specifics of regional programs
What are the characteristics of regional programs, according to which the NGOs responsible for carrying out the overhaul of houses, implement appropriate procedures?
In fact, they are a list of apartment buildings built in the regions, and aware of their need to repair roofs, facades, foundations, and other items that show signs of wear.The program does not include the house, recognized as emergency, as well as buildings which do not contain in its structure elements of the common property.
most important component of the program, the regulatory overhaul of apartment buildings - a timetable for the relevant works.It formed the basis of a variety of factors such as the degree of deterioration of buildings, their useful life, in some cases - the size of the debt of citizens for public utilities, as we noted above.
What a way to choose the accumulation of capital?
So, we learned that there are two ways of accumulation of capital, which can then be spent on major repairs of residential homes: through regional operator or by the HOA or with the assistance of the management company.Which way is better?Perhaps between them and did not make much difference?
main advantage of treatment for regional operator - time saving.Citizens will not have to spend time on formalities connected with the solution of financial and other organizational matters relating to the implementation of the law on carrying out major repairs of residential buildings.Services NGO respective free.However, this format is characterized by a clear lack of activities - major repairs can be carried out only at the time provided a regional program, as we have noted above.
So if tenants are counting on to be able to carry out overhaul of the house is not on the schedule, and if necessary, they need to initiate the opening of a special account, which will accumulate the necessary funds.Of course, in this case, have to spend time on the decision of a large number of organizational issues.However, in the structure of the HOA, as a rule, are competent to resolve such difficulties people.Of course, it is unlikely that they will agree to do the work for free, but citizens of the expected results justify the associated costs usually.Therefore, such a scenario is approved by many homeowners, plans to hold regular overhaul of apartment buildings.To pay or not employees of the HOA, and if so, how much - issues relating to the relevant meetings.
So, we list the main advantages of the option that cash manages regional operator:
- corresponding structure solves all the necessary arrangements;
- activities of regional operators are not payable;
- appropriate type of NGOs should be publicly accountable for their work.
The main disadvantage of this scheme: the timing of the actual overhaul may differ from those that are desirable for the apartment owners.
Consider the main benefits of opening their own accounts to manage funds for repairs:
- can set any deadlines related to the order of necessary works and services;
- can choose profitable and ensure the quality of the contractors;
- have the opportunity to provide flexible control of the value of contributions for the repair.
The main disadvantage of this scheme: it takes time to organize interaction between the HOA with different contractors and supervisors.But, as we noted above, in the structure of homeowners are usually enterprising citizens who are ready to contribute to the solution of relevant issues.
How to organize independent management of capital?
It is possible that citizens will decide to do on their own, without resorting to the services of a regional operator.Thus, the financing of capital repairs of apartment buildings will be fully managed by the residents themselves.How can self-organize in terms of solving problems related to the overhaul?
First of all, the house should function HOA.At the same time it can serve only a specific residential building.If several houses, it is assumed that the total number of units does not exceed 30, provided that they are placed on one plot.
At a meeting of the owners of property should be determined the size of the corresponding fee for capital repairs charged to each apartment.Its minimum value can not be less than the rate set in the regional legal acts regulating the sphere of housing and communal services.Overhaul - is, in essence, a set of services provided by construction companies.It is necessary to adopt a list of relevant services.At the same time it should not involve less work than that specified in the regional program.Citizens also need to decide on the timing of the overhaul.They can not be later than that prescribed in the regional program.
Owners may also decide to increase or decrease the amount of contributions for the repair.However, the corresponding values must be within the limits established by law.The funds already collected for the repair, will not be cashed without a number of important documents, namely the minutes of the general meeting at which the agenda - the overhaul, the contract with the contractors, and the act of acceptance of the final protocol, which reflects the work performed.
Above we noted that the key performance indicators, based on which are formed the cost of owners associated with the formation of the financial fund - the tariff overhaul of apartment buildings, approved in the region, the area of the apartment, as well as the amount of compensation of the costs of citizens frombudget.
first component of the "formula" is determined by the regional authorities.For example, installed in the Rostov region fare overhaul of apartment buildings is 6.60 rubles.for the quarter.m. The corresponding figure recorded in the decision of the regional government.In the Voronezh region are other figures, which are calculated on the basis of contributions for capital repairs of apartment buildings, Moscow has the right to establish their own.
calculated rate before approval by the regional government based on the methodology, which was developed Ministry of Regional Development of the Russian Federation, that is, at the federal level.It is assumed that the size of the relevant contributions shall be calculated on the basis of objective assessment of the total amount of cash needs to pay for the works and services that are most likely to be held in order to bring the average residential building in order after years of continuous operation.
Sanctions for failure to comply with the law
Are there any sanctions if a citizen decides he does not want to contribute to the repair of apartment buildings?To pay or not for it - a question to which he is not given.Yes, there are sanctions.The payments in question are provided at the level of federal legislation.And if a person does not pay them, it is - a legitimate reason for the formation of the debt and the subsequent accrual of penalties in case of non-payment.Approximately the same as in the case of failure to transfer funds to other public services.If a citizen refuses to essentially make the appropriate amounts and compensation arising from late payments, the funds can be recovered from him by the court.
Who controls the turnover?
If homeowners decide that give competence relating to the implementation of the overhaul, the regional operator, who will exercise control over the spending of the relevant funds?We have noted that the full financial responsibility for the results of the relevant NGOs often carries regional government.
Additional safeguard funds - in the barriers to their cashing off regional operators.Thus, payment of capital repairs of apartment buildings contractors will be held by the bank only if the NGO is responsible for major repairs, provide the protocol, reflecting the meeting details on the repairs, as well as a contract for the provision of the relevant services and an acceptance.You will also need a final protocol concerning the approval of the work performed by the contractor.The same requirements, by the way, we have listed above, describing the specifics of financial management for the repair by the HOA.
Regional operators are obliged to submit information regarding their work to the statistical authorities in the Federal Tax Service and other agencies if required by law.In some regions, approved by legal acts for which a regional operator must each month send in a housing inspection figures on cash accruals for major repairs.This information can also familiarize citizens - through the site.
in the work of NGOs formed by the governments of the regions of the Russian Federation, is not expected to directly participate as subjects of legal individuals.All contracts signed by a legal entity, reporting to the authorities of the subject.Appropriate governance structures in the regions formed board of trustees, headed by officials - for example, this may be the first deputy head of the region.The Board of Trustees at the NCO in charge of the overhaul may also include representatives of trade union structures, legislative entity.