Since 2012, residents of all apartment buildings in Russia have seen a new line in their receipts - payment for major repairs. This payment turned out to be mandatory. However, not everyone agreed with this state of affairs, so many opposed the extra payment and began to deliberately ignore it.
Several years have passed, and many residents of apartment buildings have not begun to pay the amount set according to the tariff, which the capital repair fund puts out every month in its receipts, sending them by mail to Russia. At the same time, especially attentive citizens noted that their share in this parameter is constantly growing, the fund charges decent penalties. The question itself arises: what measures will be taken in relation to those who do not pay for the service, and to what extent the collection of fees is legitimate in principle.
Pay or ignore
Referring to the Housing Code of the Russian Federation, in Article 210, you can read that the owner of the living space bears the burden of responsibility for the maintenance of the property belonging to him, unless otherwise provided by the current legislation or spelled out in the contract.
Why don't citizens want to pay for overhaul?
There are several categories of apartment building residents who ignore this payment. First of all, a wave of indignation gripped the residents of new buildings: the houses had just been commissioned, as it turned out that it was necessary to collect funds for their repair. The fears of people who are afraid of losing their funds are natural.
Secondly, citizens do not trust their management company, they are afraid of fraud and loss of funds.
However, deciding on such an action, citizens should understand that the payment for major repairs is regulated by Federal law, in particular, Article 271 of December 25, 2012. Payments are not collected from persons living in non-privatized apartments, because they are not their owners, their housing is departmental or municipal.
For those owners who do not want to pay, a punishment is imposed - to impose a punishment, the severity of which directly depends on the amount of debt, in the law of the magistrate or district courts.
As a rule, the scheme of influence on debtors is as follows. First, penalties are charged - two months after the start of the debt. If nothing changes within six months, the court can summon the defaulter with a subpoena to try the case. Upon consideration of the case, taking into account aggravating or mitigating circumstances, the court may order to pay a fine equal to the amount of several monthly payments.
The ban on leaving the state for citizens in debt is becoming a popular modern punishment. In rare cases, the court may decide to seize the property of the debtor in order to pay off the debt.
In addition, the inability to sell an apartment with debt becomes an indirect punishment, or rather an obstacle. More precisely, it is, of course, possible to sell it, but the BTI will issue a certificate of debt. So it can be a powerful argument against buying from prospective buyers.
Thus, the legislation obliges the owners of apartment buildings to make a monthly payment for major repairs at the established rate (varies depending on the city). This can be done either in favor of the capital repair fund, or to the current account of the house (created by the residents themselves). Otherwise, the state, with the help of judicial instruments, will be able to recover much larger amounts.
