For whose account is the replacement of elevators in a multi-storey building.

For whose account is the replacement of elevators in a multi-storey building.

  1. As a worker in the housing sector, I can explain the following.
    Elevator, elevator equipment, elevator shafts, etc. are common property in an apartment building (Article 36 of the RF Housing Code). Carrying out expenses for its maintenance and repair is the responsibility of ALL apartment owners in your apartment building (so now - with 01 / 03 / 2005 all houses with more than 1 apartments are called) are not residents of the upper floors, such an answer contradicts legislation. In this regard, there is a practice of courts and explanations of the Ministry of Regional Development that the payment for the maintenance and repair of the elevator is not a payment for its use, but is a special case of the owner carrying expenses related to the maintenance of his property (article 201 of the Civil Code of the Russian Federation, Article 249 GC, art. 39 LCD, paragraph 28 of the Rules for the maintenance of common property in the apartment building, approved by the Government Resolution of 13 / 08 / 2006, 491).
    In general, all those who own apartments in your home should keep it.
    If you want to replace the elevator in your home - then your management company (or whoever you are there servicing at home) will produce this work EXCLUSIVELY FOR DECISION OF THE GENERAL MEETING OF OWNERS OF THE ROOMS OF YOUR HOME - AND NOT BY APPLICATION, and not because the elevator is not repaired a long time or broke down. This is a new LCD: all the work on repairing common property, which is an elevator - only by the decision of the general meeting, without it you can not dispose of the money that you pay for the article "repair of housing." Without such a decision of the owners, only money can be spent on the article "housing maintenance". The replacement of the elevator - this is not the content of the elevator, that's for sure, it's REPAIR, and the replacement - in general overhaul.
    Those. You need to apply to your Criminal Code, where you will be prompted by who is your senior in the house (if there is one), and how to give a general meeting (most often in absentia form - on flats go with leaflets). When 2 / 3% votes of owners (who own about 67% of the area of ​​the house, exactly from the AREA of the house, rather than the number of people) are typed, - then send this decision to the UK with the entry. number. If repairs on the house were not carried out and the money you pay all together, nowhere, respectively, was not spent - then hire a contractor, the estimate will be agreed with the senior or other owners, and repaired. - this procedure applies to ANY REPAIR OF THE PROPERTY OF YOUR HOME - be it roofing, seams, entrance, road, etc. Without a solution, a violation.
    But there is another way: You can collect documents for joining the program of major repairs under the Federal Law from 21 July 2007 185-FZ "About the Foundation for Assistance to Reforming Housing and Communal Services." The sense is this: 5% of the cost of capital repairs is paid by the owners of the apartments (and not by 100%, as in the first case - by decision), approximately by 15% are paid by your regional (budget of the subject of the Russian Federation) and local (city) budgets, the remaining 65% the federal budget from a specially created fund. Condition: the house must be older than 20-25 years. If you want to FZ-185 - contact your UK. There, for sure you will be prompted as to how and what to do, they will make an estimate, you will all vote (at the general meeting on the issue, do the owners of your house agree to pay 5% of the cost of the repair). Also, note that according to 185-FZ, you need to act smartly, because Soon the money in the Fund will end.
    185-FZ really works, and it's really being repaired at home, you just need to issue the documents.
    3-th way: to sue the administration of your city as a former owner with a demand to produce a cap. repair of the elevator (replacement). It is better to choose a person who has privatized an apartment for the last 3 years (the limitation period is such that the administration will not open it). Examination of the elevator and equipment in this case will be very handy. The minus of this method is to wait until the turn to execution of your decision comes due to the insufficiency of money in the budget for the execution of all the works on the execution sheets at once. plus - Owners do not pay anything at all.
  2. The burden of maintaining the common property of the house rests with the owners of the premises in this house. each owner pays part of the cost of maintaining the common property in proportion to the share of the area, belonging to him premises in the total area of ​​the house. as a rule, the fee for the maintenance and repair of the premises (or the price of the contract for the management of the apartment building) includes a fee for the current and capital repairs of the common property. in recent years, management companies to reduce the amount of rent do not include in its composition the deductions for major repairs. and as a rule, these expenses are taken from those who live in addition. since overhaul is always very expensive, it is beyond the power of many management companies. in accordance with the Federal Law 185-FZ, it is possible to allocate costs for carrying out major repair works. Under this law, the owner pays 5% of the cost of work, the remaining costs are recovered from the budget
  3. At the expense of UK at home, you paid for "maintenance of the common property," and the elevator refers to the common property.

    Uk should replace the lifts.

  4. At the expense of tenants of the last floors!

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