Legal issues

Legal issues

Question: Is it right to the action on charging management companies , condominiums , housing cooperatives for the sealing of energy metering ?

A: Actions of management companies , condominiums , housing cooperatives on charging for sealing of meters are illegal . The only exceptions are cases where the sealing of meters made ​​repeatedly in breach of the seal caused by the subscriber or third-party organizations that carry hot water , cold water and ( or) water disposal and with which the subscribers signed direct contracts .


Q: Who checks the financial activities of managing organizations ?

A: Control of financial and economic activities of the housing ( housing construction ) Cooperatives has been auditing commission (auditor ) of housing ( housing construction ), cooperatives , financial and economic activities of the homeowners association - auditing commission (auditor ) HOA . In addition, to conduct an independent audit of the financial and economic activities of the LCD , housing cooperatives, condominiums owners of premises in apartment buildings may engage an independent auditor.

Audit the financial activities of management companies shall be entitled to the auditors , attracted by the founders or owners of the Criminal Code MCD .

Question: Is it right to carry out calculation of payment for utility services with the total area of ​​the apartment , including the balcony area ?

Answer: When charging for public services is taken into account the total area of ​​the apartment , excluding balconies , loggias , verandas and terraces.


Q: At what point will be obligated to the payment for housing and communal services in participatory construction ?

Answer: In accordance with paragraph 2 of Art . 153 Housing Code responsibility for the payment for housing and communal services arises from the owner of the dwelling from the date when the right to own housing . In view of § 1 of Art. 16 of the Federal Law " On Participation in the shared construction of apartment buildings and other real estate and on Amendments to Certain Legislative Acts of the Russian Federation » № 214- FZ of ownership of shared construction participants on the subject of shared construction is subject to state registration in the manner provided by the Federal Law № 122 -FZ "On state registration of real estate rights and transactions ." According to paragraph 2 of this article the basis for the state registration of the participants of shared construction on the subject of shared construction are documents proving that its construction ( creation), - permit commissioning of an apartment building and ( or) other property , which include to share construction and the transfer deed or other instrument of transfer facility shared construction . Thus , the obligation to pay for the maintenance of housing and municipal services arises from the shared construction participants after the actual transfer of an apartment in the use and possession , which can be confirmed , in particular, the signing of the deed of transfer or other evidence .


Question: What steps , if the contractor refuses service to make changes to the contract , the consumer does not take into account the suggestions of services ?


Answer: If in the draft agreement have been violations of legal rights of consumers, citizens have the right to prepare a discrepancy report and send it to the executor service by mail , return receipt requested , or by courier with a note on the receipt. If within one month no response or a negative response , you must ask the court to coercion by the management company to enter into a contract in accordance with the requirements of the legislation .

According to Part 2 of the Administrative Code st.14.8 inclusion in the contract conditions that infringe upon the statutory rights of the consumer, punishable by an administrative fine on officials in the amount of from one thousand to two thousand rubles for legal entities - from ten thousand to twenty thousand.

Last updated: 18 May 2022, 15:47

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