Sample application for refusal to pay for major repairs

Refusal to carry out major repairs by one resident in a house creates collective responsibility for it for all residents in the house. Due to the fault of one resident who refuses major repairs in his apartment, for example, refusing to change pipes, all residents in the house will suffer.

As the Department of Housing, Communal Services and Improvement of Moscow said, the main stages of repairs without evicting residents look something like this:

1. To begin with, representatives of the DEZ must go around the house with news of major repairs and obtain the consent of the residents for the upcoming work. If some apartment owners are against it, for example, they recently spent a lot of money on European-quality renovations or, due to poor health, cannot even endure wallpapering, they will not be forced. It’s just that when replacing communications they will bypass it. That is, if you are completely satisfied with your new windows, then no one will touch them. If the whole house rebels against the renovation, then those in charge of the house and the entrances collect signatures from all residents to refuse. Then DEZ officially excludes the building from the list of major repairs.

2. If there is consent for repairs, utility workers draw up a so-called “defect sheet” for each apartment: at the request of the resident, problems that occurred through no fault of his own, which the family would like to get rid of during the overhaul, are recorded here. For example, cracks in the walls.

3. Based on a competition, DEZ selects a company to carry out repairs and enters into an agreement with it. The same agreement is drawn up with each tenant. It must clearly state the timing, type of work and penalties for construction violations. Usually their amount is a certain percentage of the cost of the apartment according to the BTI certificate. The owner of the property will receive part of the money as compensation, the other part will be received by the DEZ. Residents can discuss the clauses of the agreement at a general meeting.

4. A month before the start of work, DEZ posts notices in the house indicating the start and finish of repairs. Residents will not have to guard their apartments for days on end. The agreed work schedule is attached to the contract. It should indicate that in apartment No. 99, for example, the glazing of the loggia will take place from 11 a.m. to 4 p.m. on the 10th of this month. This is how every movement of strangers around the house is recorded. At the same time, workers can make noise only on weekdays, no earlier than nine in the morning and no later than seven in the evening.

5. Work on weekends is specified separately. But it may also happen that on holidays and weekends both residents and workers will rest. Of course, you need to cover the furniture, cover the floors with newspapers and hide household valuables away. But workers must clean up “their” garbage themselves. Repairing a separate apartment takes about a month. Overhaul of the entire house lasts on average about a year. The period may extend if money is not received from the city budget on time. Or, conversely, the builders will complete the project within six months if there are no problems with finances. In addition, the duration of the repair torment depends on the number of apartments, entrances and floors. Reconstruction will not cost residents a penny.

6. Perhaps they will move out one apartment on the first floor to accommodate security guards. The evicted downstairs will discuss whether they will leave their home temporarily or permanently. In other apartments, renovations often do not affect kitchens and living rooms.

7. Acceptance of work takes place in the presence of the tenant, representatives of the construction company and DEZ. Defects are eliminated free of charge within a pre-agreed period.

Comment: The timing of major repairs depends on the scope of work, and can be no more than six months. Replacing the elevators in the building is included in the overhaul.

It is advisable to protect yourself before major repairs, go to the DEZ with an application to create a commission to record the condition of the apartment before repairs, and draw up an act about it. Based on this document, you have the right to sue the repair organization in court if the apartment is not restored to its original condition and damages are not compensated.

It should be remembered that the heating, water supply and sewerage risers passing through the apartment are common property. And a resident of even a privatized apartment has no right to interfere with their inspection, repair and maintenance. Representatives of DEZ, GU IS or a construction organization can go to court and enter the apartment with the help of bailiffs.

There are a lot of apartments for rent, and tenants do not need major repairs. Tenants often ignore major repairs. But, for example, to replace a riser, you need to carry out work in three apartments at once.

By giving the opportunity to simply, without explanation, sign a waiver of major repairs, this creates a false impression among people that their apartment will somehow be heated through old pipes in a fabulous way. In reality this is not the case. Technically, it is not possible to supply heating both through the new heating pipes laid in the apartments of the neighbors who are co-owners of the housing cooperative, and through the old pipe at the “refusenik”.

The communal heating system is a single network.

From a legal point of view:

until you give official consent, no one has the right, without a court decision, to break down the door to your apartment and change communications;

if you are confident in your communications, you can refuse to replace communications if you sign an act of refusal of major repairs and a guarantee to fully compensate for the damage to anyone who may suffer because of you, for example, in the event of any accidents with communications;

Note: think about how you can convince tenants below and above that you are solvent now and will be solvent in a few years.

You don’t have to sign any liability papers, and no one can force you. In this case, all the same, an act will be drawn up stating that you refused to sign.

Even if all the residents of the house unanimously became refuseniks, they would still not supply heating through the old pipes. Their service life has long expired, and the repair and maintenance organization simply does not have the right to accept unrepaired communications for maintenance and will naturally refuse.

Thus, just as we will violate the law on major repairs by preventing the installation of new heating pipes, our rights to supply heating will be violated.

The organization operating the house accepts the house as a whole, and not in parts. and is responsible for the house as a whole, and not in parts.

Arbitrariness should be considered the desire of the tenant to violate the requirements of building codes and regulations, and not the actions of the workers who came to work to carry out major repairs. Metal pipes through which gas flows are also susceptible to corrosion and only due to the low excess pressure allow their use for such a long time. Replacement of gas pipes is carried out on the basis of their examination; the fragility of welded joints should also be taken into account.

Legislation

Part 1 of Article 169 of the Housing Code of the Russian Federation obliges owners to pay contributions to a specialized organization.

Part 2 of Article 169 of the Housing Code of the Russian Federation records cases when owners are exempt from paying assessments.

The article also contains information that regional authorities can, by their resolution, determine the categories of beneficiaries who will partially participate in fundraising.

Paragraph 8 of Article 170 of the Housing Code of the Russian Federation stipulates that owners have the right to suspend the collection of funds when a minimum amount has accumulated in a special account. Only if the owners of premises in an apartment building, as a method of forming a capital repair fund, chose to form it on a special account, and not from a regional operator.

The entry into force of the Federal Law of December 25, 2012 No. 271-FZ “On Amendments to the Housing Code of the Russian Federation” established the rules for carrying out major repair work in residential apartment buildings. At the same time, it acts not as an independent legislative act, but as a kind of annex to the Housing Code of the Russian Federation, clarifying its postulates.

What should be included with the documents?

The article also contains information that regional authorities can, by their resolution, determine the categories of beneficiaries who will partially participate in fundraising. At the same time, it acts not as an independent legislative act, but as a kind of annex to the Housing Code of the Russian Federation, clarifying its postulates.

Taking into account the fact that the monthly fee for major repairs is quite large, in 5-10 years the amount of contributions can reach colossal amounts, so residents have doubts that they will be provided with services for the specified amount in the future.

Can I refuse contributions for major repairs divided into 2 amounts in the receipt, because... Am I disabled, group 3? House from 1966. The house is poorly cleaned, garbage is rarely taken out, there are no major repairs and there are unlikely to be any. The only thing is that the elevators have finally been changed.

Is it legal to not pay?

Owners of meters in apartment buildings are required to make payments monthly based on receipts received. The money is accepted by a specialized regional operator, who will subsequently transfer it to contractors. Or at the expense of major repairs of your home, the funds of which, if necessary, are spent on paying for materials and work of performers.

Refusal without legal grounds is impossible. Payment for maintenance of common property is the responsibility of apartment owners, not a right; the voluntariness of contributions is a fallacy.

The law clearly defines the list of grounds for refusal to participate in the formation of the amount. Moreover, in order for receipts to stop appearing in the mailbox, you need to write a corresponding application and prove the status of the house or citizen.

How to avoid paying for major repairs legally

Even if you regularly pay for the overhaul service, which is included in your receipt, and are not at all worried about whether or not you need to contribute funds to a special fund, then you may probably be interested in the list of work performed for your money. This list includes the following:

Send out additional receipts and notifications about the need to pay the debt.
Charge interest on the amount of the debt.
Resolve the issue through the court, where the apartment owner will have to explain in detail the reason for refusing to pay for the overhaul service, providing strong evidence in his favor. If you fail to properly justify the refusal, the amount of your debt will likely increase by the amount of legal fees.

How to refuse contributions for major repairs

It is important that citizens understand that when privatizing or purchasing living space, they are obliged to maintain the common property of the apartment building.

In fact, the practice has developed that owners of living space that is not subject to such repairs are exempt from paying for major repairs. The Housing Code, Article 169, established legal cases when it is possible not to pay for repairs:

if the residential building is recognized as unsafe and is subject to demolition;
if the land under the house is withdrawn for state or municipal needs.

Comments from lawyers highlight several more grounds for refusal:

Owners of housing can suspend collection if the minimum allowable amount has been collected in the Fund’s account - half of the regional standard. This rule applies only to MKDs in which funds are collected in a special account.
The Fund may count funds for services already provided against a future period.
Residents of new buildings have a special situation. Their contributions can be calculated no earlier than 5 years after the house is put into operation.
Residents of apartment complexes not included in the regional modernization and restoration program are also not liable. If the house is not a new building, then the accrual will be made 8 months after inclusion in the program.
Benefit categories are partially exempt from expenses: disabled people of groups I and II, low-income people, people with many children, veterans and participants of the Second World War, single pensioners.

IMPORTANT! Even if collection is suspended, debtors are required to pay the debt.

It is impossible to refuse to pay without complying with the law. Instructions that can be obtained from neighbors in this regard are unlawful. The law on major repairs does not violate the rights and freedoms of citizens, as evidenced by the decision of the Constitutional Court made in 2016.

Law on capital repairs of apartment buildings

For example, it was unclear what fate awaited the money contributed by residents: whether they would be put into a separate bank account and only a specific house would be repaired, or whether the authorities would create a “common pot”, funds from which would be spent as needed.

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This is one of the most difficult issues today. According to the law, from the day the house is recognized as unsafe, residents will be exempt from contributions for major repairs. However, the funds collected into the general pot of the overhaul program cannot be used to resettle the house. Meanwhile, the program for relocating dilapidated houses with funds from the federal budget is so far designed only until 2020.

How can you avoid payment?

By the decision of the HOA, participants can independently raise money for major repairs of their home or look for alternative ways of earning money to renovate the facade, etc.:

In the case of renting out living space, you can reach a personal agreement with the tenants that they themselves will contribute the money. It is important to remember that it is impossible to obtain contributions from them through legal methods.
If enterprising people live in the house, you can organize the repairs yourself. Some of the work can be undertaken by the residents themselves, while others can be undertaken by a contractor. The collection of money falls on the initiative group.
Earnings from the use of common areas can cover the costs of major repairs. For example, you can rent out space for advertising banners.
File a lawsuit while litigation continues, all payments are suspended.

IMPORTANT! You can only make money from common property legally.

Contributions for major repairs of municipal housing

The peculiarity of non-privatized apartments is that they are owned by the municipality. The local administration is responsible for paying for utilities. To get rid of such costs, the municipality rents out living space under a social rental agreement to citizens who need a roof over their heads.

Persons entering into a social tenancy agreement must understand that they will be given the responsibility for the ongoing maintenance of the apartment, that is, utility payments for electricity, water supply, heating, and maintenance. But they are exempt from paying fees, since they are not the owners of square meters. This responsibility remains with local governments.

Who doesn't pay for major repairs in 2020

In accordance with paragraph 2 of Art. 169 of the Housing Code of the Russian Federation, owners who are exempt from paying for major repairs include:

owners of real estate located in houses recognized as unsafe and subject to demolition;
residents of houses with less than 3 apartments;
tenants of housing under a social tenancy agreement;
citizens who have received social benefits - pensioners, disabled people, large families.

In some regions of the Russian Federation, residents of new houses less than 3-5 years have passed since the building was put into operation . The grace period is set separately by each region.

After the deferment period ends and the house is included in the regional capital repair program, residents will be required to begin making contributions.

Receive a discount on cap payments. low-income families can make repairs . To do this, citizens must apply for a subsidy to pay contributions for major repairs and housing and communal services, if payments for utilities exceed a certain share in the total family income . The size of the income share is established separately in each subject of the Russian Federation. Compensation issued in this way will cover only part of the costs; the rest must be paid by citizens themselves.

Should a pensioner pay for major repairs?

A subject of the Russian Federation has the right to establish for pensioners who have reached the age of 70 years , compensation for paying contributions for major repairs in the amount of 50% (clause 2.1 of Article 169 of the Housing Code of the Russian Federation). A citizen will receive a benefit if:

he is a non-working pensioner who has reached the age of 70;
registered in the apartment and lives in it alone ;
is a non-working owner of the premises and lives as part of a family consisting of non-working citizens who have reached retirement age.

Compensation is provided only for one apartment , which is owned by a pensioner - if he is the owner of several real estate properties, the benefit can only be used to pay for major repairs of one of the apartments.

A pensioner under 70 years of age can also receive a benefit in paying contributions if:

He is a disabled person of groups I and II or has a disabled person in his care.
Received or suffered radiation sickness or another disease as a result of the disaster at the Chernobyl nuclear power plant or work to eliminate the consequences of radiation exposure.
Applies to veterans and disabled combatants, disabled people and participants of the Second World War, as well as members of their families.
He is a Hero of the USSR or the Russian Federation, a full holder of the Order of Glory.

Compensation is paid to the beneficiary monthly , until the first day of the month following the month in which the obligation to pay the capital contribution is fulfilled. repair. The payment is transferred to a bank account or issued in cash.

Payment for major repairs by pensioners over 80 years of age (law)

Pensioners who have reached the age of 80 have the right not to pay for major repairs . By decision of the regional authority, they may be provided with a benefit of 100% . The conditions for receiving benefits are exactly the same as for pensioners under 80 years of age.

However, in order to receive the benefit and stop paying for major repairs, the pensioner owner registered in the apartment must live alone or together with a pensioner entitled to the same benefit. If this condition is not met, no compensation will be provided . For example, if a relative who has not reached retirement age is registered with a pensioner in an apartment.

Useful video

About savings accounts:

Replacing batteries during major repairs

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05/17/2020 at 11:27 question number No. 12539379 read 623 times In our house there should be replacement of batteries, etc.

By . I am the only owner of this privatized apartment and a group 2 disabled person. Please tell me at whose expense this will be done and do I have any benefits? Thank you in advance. Along with the topic “Capital repair program” they are also looking for: Urgent legal consultation free of charge Lawyer Russia,

Kazan Rating: Reviews: 05/17/2020 11:30 Batteries are changed at the expense of the owners, because this is personal property, not general, at the expense of, only general communications are changed.

Lawyer Anisimov Representation and defense in court

Contents In the four-story building No. 13 on Ilyich Street in Yekaterinburg, major renovations are in full swing. Workers are replacing water supply, heating and sewerage pipes.

However, as it turned out, the replacement of communications is not carried out in every apartment. “We were told that they wouldn’t do anything in our apartment, because the neighbor upstairs refused to do any repairs, and the neighbor downstairs simply doesn’t care, no one can reach him, he doesn’t open up to anyone. But we need new pipes,” complain the residents of one of the apartments.

To the question: “Why did you refuse a major overhaul?” - Those living on the floor above answered: - We changed the pipes four years ago at our own expense. They deliberately did this when they were doing expensive renovations in the apartment.

It turns out that the situation is deadlocked? Heating, sewerage, hot and cold water supply pipes are common and run through all floors of the building.

But someone did not want to carry out repairs in his home and did not allow him to replace the communications that were laid through his apartment.

Is it possible to refuse major home renovations?

This event is characterized by similar types of work:

Checking and strengthening the strength of the main structures of the house.
Restoration of the foundation and its strengthening.
Identification of individual sections of walls for repairs.
Replacement of partitions using the latest fireproof materials.
Complete replacement of water supply and heating systems.
Other repair work that will be required in relation to a particular building where major repairs are being carried out.

The authorized organization carries out its professional activities on the basis of an agreement concluded with residents. Previously, each apartment owner signs an official consent to carry out all required procedures. Until this consent has been signed, everyone has the legal right to refuse major repairs of an apartment building.

It should be remembered that no one can force the owner to refuse major repairs of an apartment building, nor can they force him to give his consent. All sorts of threats and mention of fines, in the event that someone wants to refuse, will constitute a gross violation of current norms and legislative standards.

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In the event that one or more owners wish to refuse, this fact must be recorded. As a rule, a representative of the management company offers to sign an official document expressing the resident’s desire to refuse. Before signing, you need to study it as carefully as possible.

You can refuse to overhaul an apartment building in free form by writing your own statement, which will have full legal force. It is not at all necessary to indicate the reason; this is the personal right of each resident.

By signing all the necessary documents, the interested party confirms his official desire to refuse major repairs of the apartment building.

However, after this it cannot in any way prevent the full implementation of all required work in the house. He also does not have the right to make claims related to a temporary deterioration in the conditions of his residence, for example, a water shutoff, daytime noise from work involving major repairs, etc.

Those residents who decide to refuse a major renovation of an apartment building should also be aware that after carrying out all the necessary measures, they may encounter technical problems. As a rule, they are associated with the incompatibility of new and old equipment or with other nuances. At the same time, it will not be possible to file a claim, because the owner voluntarily decided to refuse major repairs of the apartment building. Therefore, before signing the paper, you still need to think seriously and calculate the possibility of negative consequences.

Application for refusal of major home repairs

Drawing up an official document gives each owner a legitimate opportunity to formally refuse major repairs of an apartment building. At the same time, absolutely anyone interested in this can make such a decision and refuse to overhaul the house.

As a rule, a representative of the management company already has several statements with him, in case one of the residents wants to refuse major repairs of an apartment building. In this case, the presented copy should be examined as carefully as possible before signing.

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The fact is that the management company often includes clauses stating that from the moment the owner decides not to agree to the start of work, he assumes all responsibilities for paying for emergencies that occur in his home. This means that by signing such a document, the tenant literally relieves the management company of its responsibilities for troubleshooting problems that have arisen.

If the document also contains other very dubious provisions, you should postpone signing it or request that you provide another application form. In the event that not one owner, but several, decided to refuse major repairs of an apartment building, separate copies should be allocated for each of them. It is not allowed to place several signatures of residents on one official paper.

The application itself must contain all the necessary information. First of all, you should check the information about the management company. The document must indicate its exact address, full name, contact numbers, full name of the manager, etc.

Next, you should check the address of the premises, as well as all additional information about it, if any was provided. Then you need to enter all the necessary information about yourself and express your desire to refuse major renovations of an apartment building.

Few people know that it is possible to refuse the overhaul of an apartment building both in relation to the full set of procedures, and only from some activities that are included in the general list of future work.

For example, if the owner does not need to replace the pipes of an apartment building, but needs to carry out other work, he can express his desire in the appropriate document. At the same time, the paper must accurately indicate the nature of the activities that he wants to refuse, their essence and name.

If the management company insists on issuing a complete refusal, the resident of the apartment building has the legal opportunity to appeal to a judicial institution. In this case, it will be important to correctly formulate the claim. All available papers should be presented as evidence, including the contract for the restoration of the apartment building.

If the court agrees with the plaintiff’s position, the contractor will be obliged to carry out selective work in the specified premises of the apartment building, observing the established deadlines.

Any resident can refuse to overhaul an apartment building if he believes that he does not need such services from the management company. It should always be remembered that coercion is a gross violation.

What happens if you refuse major repairs?

But the decision to refuse to carry out capital work on the improvement of an apartment building entails consequences. The decision on the need for major repairs is made at a general meeting; if you do not agree with it and want to refuse, you will be asked to sign the appropriate papers.

According to Article 169 of the Housing Code of the Russian Federation, the owner cannot refuse major repairs without compelling reasons. This concerns contributions; he has every right not to allow workers into his personal territory.

Most likely, repairs will be carried out without your consent and your contributions, but you should not interfere with the work. Traditionally, this procedure involves replacing water or gas risers, so workers may need access to your apartment. If you refuse to provide access, the equipment in the entire apartment building will be replaced with new equipment, but the old equipment will remain in your apartment - there is a risk of being left without water or heat. The management company's employees may even sue you to force you to give them access.

Refusal can also lead to more unpleasant consequences. If you refuse to change the pipes, while they are being changed throughout the entire apartment building, and then an accident occurs, it is you, as the owner of the refused apartment, who is obliged to compensate the damage to your neighbors. That is, when talking about whether it is possible to refuse a major home renovation , you need to take into account that you can refuse, but the consequences can be serious.

In the text of contracts with some companies there is a clause according to which, if an accident does occur, then the owner of the apartment, who refused capital work on the multi-apartment building, must not only compensate for the damage, but also eliminate the breakdown at his own expense. Therefore, this issue should be approached responsibly and carefully.

How to write a refusal letter

Refusal from major repairs of an apartment building must be carried out officially, notifying the authorities. To do this, you need to write an application in two copies - one for the administration, the other for the management company.

This act indicates the name of the recipient, as well as the sender - a tenant or a meeting of tenants, and the reason for refusing the work. It is better to back up the reason with facts and references to legislation.

The date and signature must be placed at the end of the application.

You can submit such an application at any time, regardless of whether contributions have already been made. If a person deposited amounts into an account and then discovered grounds for refusal, he can submit a corresponding request to the authorities. Usually, a person can even count on a return of the deposited funds, upon a preliminary request addressed to the manager.

But it is best to refuse such a service immediately after receiving the first payment. This will make the procedure easier and faster; in addition, you will not arouse the suspicion of law enforcement agencies, so you don’t have to worry about accruing penalties and fines.

Any homeowner in an apartment building can put forward a proposal at a general meeting about the unnecessaryness of major repairs to the house. If this proposal is supported by all residents, no work will be carried out. To do this, a collective statement is drawn up to refuse major home repairs . It must be drawn up in a form that can be found on the Internet. Only a correctly written application will be considered by the inspector.