Payment of contributions for major overhaul of the house is the responsibility of the owners of residential premises. This obligation is spelled out in clause 1 of article 169 of the Housing Code of the Russian Federation. But there are a number of exceptions.
Who can not pay the dues
The law provides for certain categories of citizens who are exempt from paying fees for capital repairs.
The owners of premises are completely exempted from paying contributions in the following cases:
- if the house is recognized as emergency or subject to demolition;
- if an apartment building with all living quarters and the land plot on which it stands is withdrawn for state or municipal needs.
Also, the regions can at the legislative level approve compensation for the costs of paying contributions:
- owners of residential premises who do not work, live alone and are 70 years old - in the amount of 50%; 80 years - at the rate of 100%;
- to owners of residential premises who live together as part of a family, do not work and have reached the age of 70 - in the amount of 50%; 80 years - at the rate of 100%.
In addition, the costs of paying contributions for capital repairs in an amount not exceeding 50% of the amount of the contribution are obligatory compensated for the following categories of citizens:
- disabled people of groups I and II;
- disabled children;
- citizens with disabled children.
When the obligation to pay contributions arises
The obligation to pay the costs of capital repairs of common property in an apartment building arises from the moment of registration of ownership of a residential premises in this building. When the ownership of the apartment is transferred to the new owner, the obligation to pay the costs of capital repairs of the common property, including the contributions not paid by the previous owner, also passes.
If the previous owner of the premises was the Russian Federation, a constituent entity of the Russian Federation or a municipality, then the fully or partially repaid debt on the payment of contributions for capital repairs can be returned or offset against future payments.
How much and where to pay for a thorough repair
The regions independently determine the minimum amount of contributions for major repairs. In this case, the owners of the premises can decide to increase the amount of the contribution.
Also, the owners of the premises at the general meeting have the right to choose one of the methods of forming the capital repair fund:
- Transfer of contributions to the account of a regional operator.
- Transfer of contributions to a special account.
In the first case, a regional operator is created on the basis of a regulatory legal act of a constituent entity of the Russian Federation.
In the second case, in the decision of the general meeting of owners, the following should be determined:
- the amount of the contribution (not less than the minimum amount established in the constituent entity of the Russian Federation);
- account holder (for example, HOA);
- the credit institution in which the account will be opened.
At the same time, the constituent entities of the Russian Federation at the legislative level determine the minimum size of the capital repair fund for such houses. However, it cannot exceed 50% of the estimated cost of the home overhaul. The owners have the right to set the size of the fund in excess of the minimum established by the law of the subject of the Russian Federation.
As soon as the size of the fund reaches the minimum value, the owners have the right at the general meeting to decide on the suspension of the obligation to pay contributions, except for those owners who are in arrears in payment.
