More and more citizens are interested in how not to pay for major repairs legally. This obligation, introduced by legislation in 2014, hit many people's wallets, although many houses still remain unrepaired.
Citizens who believe that they have the right not to pay for major repairs on a legal basis are mistaken. According to article 153 of the Housing Code of the Russian Federation, both citizens and organizations are obliged to fully and timely pay for utilities and housing. The second part of Article 154 of the RF LC states that this obligation includes payment for the maintenance and repair of residential premises, utilities, as well as contributions for major repairs.
Some owners believe that if they did not start paying for major repairs from the receipt of the first receipt, they may continue not to do so and subsequently without any sanctions. Other persons who have already made contributions for the overhaul are actively writing claims and disclaimers to the fund, believing that they can legally terminate the contract with it. In fact, as practice shows, in both cases, representatives of the fund respond with a reference to the articles presented above and report that citizens are obliged to make these contributions according to the law, and evasion of these obligations is considered in court.
The possibility of not paying for major repairs on a legal basis is still there and is an exception provided for in Article 169 of the RF LC. According to it, the owners of premises in apartment buildings may not make contributions in several cases. For example, the owners of premises in houses recognized as emergency and subject to demolition are exempted from the obligation. The same applies to the seizure for municipal or state needs of the land plot on which the house is located.
Also an exception, in accordance with article 170 of the RF LC, are apartment buildings, the owners of the premises in which capital repair funds are formed on special accounts with the establishment of a certain size. At the general meeting, such owners have the right to stop paying for major repairs on a legal basis, if the established size of the fund in the capital repair house is greater than the minimum size of the capital repair fund established by the legislation of the subject. In addition, a new law is already being formed, on the basis of which citizens with low income and disabilities will be exempted from paying to the overhaul fund.
If you have debts to pay to the capital repair fund, they must be paid off before the living space is sold to another person. You can sell an apartment if you have a debt, but all debts will go to the new owner, so you need to pay them off in advance.