For what house advice is necessary?
who solves problems of tenants?
In what terms proprietors are obliged to choose apartment house advice? A leah it will possess the real power? What are provided sanctions if advice is not chosen when due hereunder?
Nadezhda Pavlovna, the doctor.
- According to amendments to the Housing code of the Russian Federation in each apartment house which service is carried out by a management company, by July, 2012 should be chosen house advice. The contract conclusion enters into its functions on management of the house with UK or on granting of separate services in the maintenance and repair of the general property in the house. Only by means of this structure proprietors can: to demand the report of the executed works, to spend general meetings, to make changes to the list of services, to form a payment for the habitation maintenance.
From among councillors proprietors should choose the chairman. This person will possess the right to carry on negotiations with contract organisations, to conclude contracts and to supervise performance of their conditions, to sign certificates of acceptance of services and the executed works under the maintenance and repair obshchedomovogo property.
house Advice should be re-elected each two years if other term is not established by the general meeting decision. If house advice does not consult with the duties, it is possible to re-elect it ahead of schedule.
in authorities it is not required to Check in of advice, however process of their creation is under municipality control. If till July, 2012 house advice does not appear, the regional administration has the right to select independently its members and the chairman.
Who will pay « a communal flat » for uninhabited premises and the tenant of habitation?
In our house there are some the uninhabited premises which proprietors refuse to bear obshchedomovye expenses, referring that at them individual contracts with resursosnabzhajushchimi the organisations are concluded. A leah is obliged a management company to force businessmen for payment housing services?
Dmitry Vladimirovich, the engineer.
- Proprietors of premises in an apartment house on the right of the share property posess the general property of a building, its bearing designs, mechanical, electric, sanitary - technical and other equipment, and also the ground area on which the house, with gardening and accomplishment elements is located. The proprietor both inhabited, and an uninhabited premise is equally obliged to incur expenses on the maintenance both a premise belonging to it, and the general property. Even if the separate input, own technicians for service of the engineering equipment has an uninhabited premise, direct contracts with resursosnabzhajushchimi the organisations on granting of utilities and actually do not use the general property of the house (staircases, lifts and etc.) Its proprietor is obliged to bring a payment for the maintenance and repair of the general property in the size confirmed by meeting of proprietors of the house.
the Supreme Arbitration Court of the Russian Federation has defined for the operating organisations possibility to collect from proprietors of uninhabited premises a payment for the maintenance and repair of the general property irrespective of presence of the concluded contract of management. However, the legislator has not provided ways of compulsion of the proprietor of an uninhabited premise to the conclusion of the contract of management. Unfortunately, procedure of collecting of debts from legal bodies in arbitration court long - from two months about one year and more. For comparison, in world court the order on non-payment collection for housing and communal services from the physical person stands out within several weeks.
I the employer of habitation. For what housing and utilities to me unlike the proprietor should not expose the bill?
Alexander Konstantinovich, the pensioner.
- As the employer of premises you are released from a payment for major repairs. It is a duty of the proprietor, that is municipality. And here to support an appropriate status of premises and to spend operating repair is your direct duty.