The legality of charging for the intercom. Is there a legitimate charge of a monthly charge for the intercom? Many months have been working in my house for many months. Should I pay

Hello! Tell me, please, whether there are legal confirmations that the monthly charge charge for the intercom is illegal for providing in court. Thank you.

Who charges the intercom fee? Specialized organization established intercom in your home and with which you have a contract or management organization?

But, in any case, you need to pay either into a specialized organization - when you have a contract or in the Criminal Code - when the service of the DomoFon is engaged in the Criminal Code.

Hello! Part 1 Art. 36 LCD of the Russian Federation establishes that the owners of the premises in an apartment building belong to the right of the overall ownership of the premises in this house that are not parts of the apartments and intended for servicing more than one premises in this house, including inter-weltering staircases, stairs, elevators, elevator and elevators and Other mines, corridors, technical floors, attics, basements in which there are engineering communications, other maintenance of more than one room in this house equipment (technical basements), as well as roofs that enhance the carrying and non-relaxing structures of this house, mechanical, electrical, sanitary technical and other equipment located in this house outside or indoors and maintain more than one premises; The land plot on which this house is located, with elements of landscaping and improvement and other purposes intended for service, operation and improvement of this house, objects located on the specified land plot.

The boundaries and the size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning activities. According to Art. 158 LCD RF, - the owner of the premises in an apartment building is obliged to carry the costs of the maintenance of the premises belonging to him, as well as participate in the cost of maintaining a common property in an apartment building proportionally to its share in the right of a common ownership of this property by making fees for the maintenance of residential premises, contributions on overhaul.

Intercom as equipment located in an apartment building and servicing more than one room (apartments) fully meets the signs of common property in the apartment building specified in paragraph 1 of Article 36 of the Housing Code of the Russian Federation, in subparagraph d, paragraph 2 and paragraph 7 (automatically locked Devices of the entrances of an apartment building) Rules.

The overwhelming majority of apartment buildings located in Russia and built before the introduction of the new Housing Code of the Russian Federation, during construction did not provide for the presence of intercoms in project documentation.

In this regard, at present there was a situation in which in homes serviced by managerial organizations, citizens living in one entrance, on their own initiative, establish an intercom on the doors of this entrance and on the basis of direct contracts with the service organization at their own expense Repair of this device.

These actions generate a situation in which in one apartment building, intercoms are not installed in all entrances or intercoms are served by various serving organizations.

At the same time, the conclusion of direct contracts with the owners of the apartment building for the service of the general property of an apartment building illegally.

By virtue of paragraph 2 of Article 162 of the Housing Code of the Russian Federation (hereinafter referred to as the LCD of the Russian Federation) under the management agreement, an apartment building, a management organization undertakes to provide services and fulfill the work on the proper maintenance and repair of common property in such a house.

Consequently, the obligation to conclude an agreement on the maintenance of the DomoFon, as a common property assigned to the managing organization. Maintenance of the intercom should be included in the list and cost of work on the content of common property.

Therefore, if the intercom is not provided for by the project of an apartment building, and later, it is necessary to charge for its service, as a common property, first, it should be officially introduced to the general property of an apartment building, and secondly, the management organization must conclude Treaty for serving this property with a specialized organization or carry out this type of work independently.

The management organization, as a professional organization operating in the housing and communal services market, in accordance with the terms of the concluded contract of administration of the apartment building and in accordance with Part 2 of Article 162 of the Housing Code of the Russian Federation, must provide services and fulfill the work on the proper maintenance and repair of common property in the multi-unit house.

In this regard, the obligations of the Management Organization, in the presence of the above-mentioned situations in apartment buildings, which serves the organization of the mainstate of the apartment building in accordance with the requirements established by the housing legislation of the Russian Federation.

Director of the Department of Housing and Communal Services I.A. Bullhakova

The charge for the intercom is illegal.

Recently, the problem of intercoms and payments for them became one of the most common in the field of utilities. On the one hand, the exclamations are helling that the subscription fee is absolutely legal and necessary, others assure that they are illegally paying for the intercom and require recalculation of funds paid for intercom.

Pay for light, gas, water, elevator and more. The charge for the intercom system is added to all these payments. Are such actions of companies that have established an intercom in your home? What is the legal aspect of this issue and how to "jump from the hook" of the fraudulent actions of the communal services?

Legislation

Payment for the intercom, as well as maintenance of intercoms is governed by the following laws and acts:

resolution of the Government of the Russian Federation No. 491 "Rules for the content of common property in an apartment building";
decree of the Government of the Russian Federation No. 354;
the law "On the Protection of Consumer Rights";
Housing Code of the Russian Federation.

According to these legal acts, the entrance door intercom is part of the general property of an apartment building. According to the law, the payment of the intercom should be part of the account for the mainstream content.

However, in practice, it is often an additional graph in utility bills, that is, a certain amount of money is held monthly from each apartment.

At the same time, often the owners themselves are to blame for the fact that they are charged for the service of the intercom. The situation is distributed when the owners when installing the intercom enter into a separate agreement providing for a monthly subscription fee for maintenance of the intercom.

That is, if there is a service agreement between the owners and the company established the intercom, the subscription fee is taken into account in a separate article of utility bills.

The terms of the contract must be respected by both parties, therefore invalidation of payment for the service of the device is absolutely legitimate.

Thus, the legality of the charge for the intercom depends on the presence or absence of a contract concluded between tenants and a separate service organization.

Intercoms can:

considerate the balance sheet of residents in the form of an information device;
be on the balance sheet of management companies;
be able to separately enable and disable the subscriber from each apartment;
have integrated video surveillance systems and alarm.

First, if the intercom system is on the balance sheet of the collective or residential partnership, its installation residents are produced by communal organizations. Those in turn can pay for the implementation of this work by a firm providing such services.

Along with the television system, the intercom is a warning system in emergency situations. This means that when using this device, monthly contributions to technical and repair work should be carried out. And companies must carry out these works, and not just put money in his pocket.

Why do we pay for the intercom monthly?

If a monthly subscription fee for servicing the intercom is charged in accounts for utilities, then you will still have to pay to avoid penalties and fines. At the same time, the owners should be found out if such accrual legally.

If the contract is concluded, then paying the intercom will have to be paid in those cases when there is no tube in the apartment.

Intercom - This is not only a means of remote access to the entrance from the apartment (tube), but also a complex electron-mechanical device installed at the front door and used by residents and guests daily.

So, if there is an appropriate contract, you will have to pay for the intercom even in cases where the tube in the apartment is missing or "cut off".

Is the accrual in the absence of a contract?

Should we pay if the contract was concluded? If there is a contract for connection and maintenance between the owners and any organization serving the intercom, then such accrual is illegally.

Judicial practice in Russia shows that the courts are on the side of tenants in cases where payment for servicing the intercom from tenants is charged without the conclusion of the relevant contract.

Positive court decisions were adopted in Voronezh, Krasnoyarsk, Moscow and other cities.

Should I pay if I do not have a handset?

The presence of a tube or its absence is not the reason for avoiding payments. If the contract indicates that you need to pay, you will have to do this.

The intercom has not been working for many months, can I refuse to pay?

Do I need to pay for a broken intercom by a subscription fee? The answer is ambiguous. At the points of the Treaty - yes, but, in turn, the service company must carry out repair work in the terms established by the contract. If she did not do this, then you can apply for a lawsuit and demand compensation for the broken intercom.

Nobody lives in the apartment, is it legal?

In the event that no one lives in the apartment, but accounts are going, it is worth terminating the contract and abandon the services of this company that provides the maintenance of the intercom system.

Does the installation fee legal?

Do I need to pay for the installation of this device? No, it is illegal. Installation is included in the price of the apartment fee.

Are you still paying for the intercom? Lended?

You are not tired of feeding dams?.

Yes, for me. If in the house 100 apartments, 100 * 30 * 12 \u003d 36000 rub. in year only from one house NOT AT ALL. With us also for the overhaul going to take.

Does the entreprenestic fee legally take?

The question of the legality of charging the subscription fee for the door with the intercom has begun to ask residents of almost all Russian cities in the last couple of years. Previously, using universal legal illiteracy, businessmen mounted equipment made a service agreement so cunning that no one had any doubts - money every month is taken reasonable.

Then some citizens began to think: after all, the same window companies do not take money for better opening windows. And the breakdown or malfunction is eliminated by the law on the warranty service life.

In Krasnoyarsk, there was a precedent when residents of one left-bank house decided to abandon the imposed services. The Chairman of the Krasnoyarsk Society for the Protection of Consumer Rights Mikhail Shevtsov, helped to make a lawsuit in court, reasoned as follows: if the residents paid out the door and a negotiation device (wires, pipes in the apartment), then everything should work without additional monthly investments. If, as they like to write in the contract in the contract, the residents gave to the property only the door, and all the electronics remained in the company's property, then it is not clear why consumers should pay for someone else's property.

By law, the service provided by a citizen, a priori must be useful and suitable for use. And the intercom system without an electronic filling is not suitable for use. In addition, all technical documentation should be transferred to the device so that the repair can produce any selected specialist, and not the one who installed the intercom. Do not forget that the firm after the installation is not exempt from the fulfillment of obligations.

In art. The 29 Consumer Protection Act is clearly written that the warranty period for immovable property to which the door with a domain belongs is five years. At this time, all the breakdowns, unless they arranged vandals, should be removed for free.

The claims of residents about the charge for the intercom court satisfied partially, obliging the intercom file to convey the act of acceptance of equipment to citizens. Until this happens, they may not pay for the use of the system.

But when the equipment becomes the property of citizens, they will already decide, attract this company to service or use the services of other specialists. At the same time, to disconnect the apartment tubes, the company will not be able - it will already be criminally punished attemption to the property of citizens.

"I read an article where the subscription fee was told. Understand me correctly, the monthly fee is 30 rubles in general, one is insignificant, no one will be sued for her. And who will help us to defend their rights? " - Valery Seakin is indignant. Revarov N. G. with a letter on the same topic joins him.

Lawyers are responsible for such issues: the contract with unprofitable conditions, the residents sign voluntarily and must fulfill them. To recognize the items of the contract illegal can also only residents, preferably collecting and performing a collective claim. Assist in this they can lawyers of Rospotrebnadzor, society for the protection of consumer rights. But to defend its rights in the court on their own.

By the way, at the end of last year, activists from the Moscow region wrote a letter to the Ministry of Regional Development of Russia, everything with the same question of the legality of charging the subscription fee by the management companies and HOA. The official answer came from the Ministry of Regional State University: the intercom applies to the general property of the house, and its service is included in the list of works on the main property. Separate charging for service service does not comply with legislation.

It's time to speak out loud on the streets, and not quietly in the queues in the bank, which communal services goat. For example, I didn't even see the contract and could hardly see.

Is the monthly subscription fee for the intercom and how can you refuse? 2018 year

Alexey Navalny considered that DEZ in the area of \u200b\u200bMarino violates his civil rights. The oppositionist is convinced that the inhabitants of his native district are unreasonably paying a lot for utilities, in particular, a single payment document (END) includes the cost of servicing the intercom.

"I received a settlement receipt for the intercom. Last year, the newspaper "City News" was a big article, where they explained that the population should not have a companion company. However, I warn me if I don't pay, then the intercom will be disconnected, and then charge 12 rubles a month before connecting the apartment apparatus. Does the subscription fee cost or not? Zoya Alekseevna Tarasova, pensioner. "

Comrades from intercom companies sometight act as bad public utilities. I liked some of the receipt for anything, so the market is mastering.

Look carefully your contract you entered into with the intercom company. It is possible that the entrance door in the entrance and the intercom is the property of the intercom company, although you remember exactly what we paid the replacement of the door and the intercom.

Consider the amount of the subscription fee, which monthly collected from your entrance. Count how much spending (if it spends at all) the intercom company for maintenance and repair of your door and intercom. Remember, when was the last time something broke, repaired?

If your conscience and common sense tell you: not for what, and experience confirms this, here's a scheme of action.

Services for maintenance and repair of intercoms, as well as television antennas relate not to housing and communal, but to household services. Their provision is regulated by non-housing code, but civil, and the contract between the parties.

According to the Civil Code, you have the right to give up unnecessary household services to you unilaterally. To do this, you just need to notify the organization-performer. There is no need to write "please", as is usually written in applications. Send to a regulator or hand to painting.

Approximate form of notification:

This is hereby informing the termination with the [Date] of the Treaty [Number] for the maintenance of an access door intercom, in accordance with the Civil Code of the Russian Federation.

Are residents at home pay for the intercom?

Head of the Public Control Center in the field of housing and communal services of the Public Chamber of the Kirov region Sergei Ulitit will help to understand this issue.

- On the Internet saw many rollers about how intercom companies are made on monthly service payments. At the same time, it seems like there is a letter of the government, in which it is written that the inclusion of the subscription fee for the intercom in the receipt for the communal illegally. It turns out that we should not pay for the service of the intercom?

Over the past few years, the problem of "intercom" payments has become increasingly climbing in society. At the same time, questions arise not only how to terminate the contract with the serving company, but also whether the monthly subscription fee is legally legally.

According to the letter of the Ministry of Regional Development of 08/23/2010 No. 30665-IB / 14 "On the procedure for establishing a domain", the intercom is a common property in an apartment building, and its service is included in the list and cost of working on the main property and is the responsibility of the management organization. The same letter states that the presentation of the owners to pay for the service "Maintenance of the DomoFon" is unreasonable and illegal.

However, as the head of the Public Control Center in the field of housing and communal services of the Public Chamber of the Kirov region, Sergey Ulitit, notes, the decision to install the DomoFon and payment for it should be taken at the general meeting of the owners of an apartment building (Art. 44 of the Housing Code of the Russian Federation), and if it was decided to include this fee In a common communal account, it is completely legal. But if the Criminal Code independently set the intercoms and subsequently presented to the owners of the fee for them, then such actions are illegal.

A similar answer was given in the management of Rospotrebnadzor in the Kirov region: the decision on how to pay for the service of the intercom is made exclusively at the meeting of owners of housing.

In addition, there are two more options for charges for the intercom: the inclusion of it in the line for the content of the common property (with an appropriate increase in the amount) or a separate receipt for maintenance of the intercom.

What is charged for a subscription fee?

All services that are obliged to perform the serving organization must be written in detail in the contract. If the company improperly executes registered duties, this may cause to refuse its services.

Unless otherwise provided by the contract, then usually in the subscription fee for maintenance of the intercom.

technical inspection of equipment (at the same time, the timing of it must be specified in the contract);
repair of the intercom tube;
repair of the intercom installation on the entrance door in the entrance;
departure to eliminate breakage;
restoring communication lines.

And here arises quite a logical question: does the right-to-service organization have a charge for repairing equipment in the event of its breakdown, if the tenants make a monthly fee?

According to Sergey Ulitina, if there was a breakdown of the intercom on the entrance door to the entrance, that is, the general property, then the additional fee should not be charged, since the owners are already paying for the content of the common property of the house. As for the repair of the intercom phone in the apartment, then everything depends on the terms of the contract: if such works are spelled out in this document, it is not necessary to pay extra for repair.

At the same time, as clarified in the Office of Rospotrebnadzor, the serving company may not provide special acts on carrying out maintenance: the order of the report is determined by the terms of the contract. That is, it can be both periodic acts on the provision of service (once a month, a quarter or a year, for example) and records in the book of accounting of serving companies or any other type of reporting.

- I bought an apartment, comes a receipt for some kind of service of the intercom, although the intercom is a general property, and I personally did not conclude any contracts. Well, it's okay ... I call to dissolve the contract (I did not come receitors), it is responsible for me that it is unrealistic that this entrance has concluded a contract and personally cannot terminate him with me. How to terminate with them an agreement?

How Sergey Ulitin emphasizes, for the intercom as a common property you need to pay, if there is a decision of the general meeting of owners. That is, even if you personally did not conclude an agreement with the serving company or were against, but such a decision was made at the meeting by a majority vote, it would still have to pay.

However, if we are talking about an intercom phone in the apartment, then this service can be discarded unilaterally, and then the amount of the subscription fee will be reduced. How much - depends on the terms of the contract with the service organization. To do this, notify the organization-performer. At the same time, the company is not entitled to pick up the key from the intercom from you, because it provides an entrance to the entrance, and therefore access to housing, and this right cannot be limited. But it is worth it to highlight that for the use of common property, that is, the entrance door and the intercom set on it, they will still have to pay.

- The house is terribly the intercom, more precisely, it does not work at all in the cold: just below 13 - 15 degrees of frost - does not open the door. Housing children, coming home from school, can not get home, adults are usually absent at this time. There were many applications of the organization serving the intercom, but the maximum that they did - replaced the lining. Please tell me how to competently close the subscription service agreement and go to repair in fact.

In case the intercom does not work, and the fee is still charged, the tenants may require a recalculation from the service organization.

According to Sergey Ulitina, for this you need to submit an appropriate statement in writing about the breakdown of the Intercom and the defeatment of measures to eliminate it in the terms established by the contract. If the organization refuses to recalculate, the owners are entitled to challenge its actions in court. To do this, you can contact the Gospise of the Kirov region, the prosecutor's office or court.

If you want to change the terms of the contract or abandon the services of this service company at all and choose another, then such a decision should be taken at the general meeting of tenants by a majority of votes.

By the way, in many cities of Russia, lawsuits were repeatedly passed on "intercom" issues, and, as practice shows, the court often rises to the side of residents. For example, positive solutions were adopted in Moscow, Voronezh, Krasnoyarsk and other cities.

- There is a guarantee on any equipment, including the intercom, and during its period all malfunctions must be removed for free. That is, at this time you can not pay a subscription fee?

The warranty period is the time during which the company undertakes at its own expense to replace or repair the equipment if the factory marriage is revealed. It is usually equal to one year. As clarified in Rospotrebnadzor, according to the Law "On Consumer Protection", the organization is responsible for disadvantages of equipment only if their appearance is not proved due to violations of the rules of operation, actions of third parties or other circumstances of force majeure.

In other words, not all breakdowns can fall under the warranty case, and if your intercom is periodically exposed, for example, attacks of vandals, then the faults of the serving company are not.

However, as Sergey Ulitin notes, there is a broader concept - warranty service. In addition to repairing or replacing the goods, it implies the provision of services for additional configuration, adjustment, technical support of the installed system.

Depending on the terms of the contract, warranty service can be from three months to three years. And the charge service fee is beginning to charge immediately after the installation of the intercom system and signing the acceptance act. If the contract provides for the monthly payment, the first payment is carried out a month after the start of the use of equipment.

Thus, a monthly fee for servicing the intercom immediately after its installation does not contradict the legislation, and the assembled funds go for maintenance of the system and conducting other works, that is, warranty obligations are only part of subscriber services.

For some time, many are concerned about the rule of the calculation of the subsidiance for the intercom.

However, in many cases, such accrual is legitimate, if such an opportunity is spelled out in the contract.

Dear readers! Our articles talk about typical ways to solve legal issues. If you want to know how to solve exactly your problem - call by phone free consultation:

What do the laws say - how legal?

This question applies to the action of such legislative Acts, as:

Decisions Cabinet of Ministers №491 and №354;
Law "On the protection of consumer rights."

Intercom on the entrance door to the entrance by definition is part of the common property of the MKD, so the service fee need include At the expense of paying for generalic needs ().

In many cases, the owners of housing themselves are to blame for the fact that they are imposed on the monthly subscription.

All conditions should be prescribed in, and before signing it, never hurts read carefullyWhat you subscribe to.

BUT legacy The subscription fee directly depends on the availability of a separate contract of the company with housing owners.

Read also about what noise level is allowed in apartment buildings.

What takes into account the subscription tax, and what affects its size?

In good condition of the intercom there is no cost on its service.

Electricity-consumed by the device is made in charge by payment of one.

Celebrate every month somehow justifies ONLY ONLY DETAILED THE DEVICE, the elimination of which is performed at the expense of the serving company.

According to the contract, the company is obliged to draw up acts on maintenance, but this is a rather rare phenomenon.

At the same time, residents can raise the question of non-fulfillment The company of its contractual conditions in the event that they refuse to provide such acts.

Possible as fIGHT TARISTICSand depending on the area of \u200b\u200bhousing.

Do I need to pay monthly?

If you do not want to deal with penalties, you can avoid them only when timely payment.

If there are doubts about the legality of such accruals, do not delay With clarifying this issue.

If there is no hardware tube

Lack of tube in the apartment not a reason for non-paymentSince the use of the intercom is not limited to the use of the tube.

The contract may be provided for the need for payment, even if initially there was no tube or it is "cut off".

When breakdown in the intercom

When the device does not function long enough, the owners are wondering "Should we pay for the intercom, and why?".

Owners of apartments in this case they have a right Complete in case of charges of the subscription.

Read also in what to do if the intercom broke.

If the serving company refuses to recalculate, the likelihood of what will help appeal to the Court With the relevant lawsuit.

In such matters, the courts often get up to the side of residents.

If residents are in departure

Recalculation of payments not applicable By payment of one single high-rise buildings.

It turns out for the service connection to the intercom we must payEven if the tenants are missing at the place of residence.

Illegal accrual

If the contract with the company did not conclude, the accrual fee will be illegal and may be appealed by circulation in, prosecutor's office or judicial instances.

Arbitrage practice According to such cases, testifies in favor of the plaintiffs. The judgment of the court on illegal accruals was adopted in different cities.

What to do is not to pay, and how to give up the intercom?

If there are complaints, you can convene a collection of residents and abandon the intercom, adopting a joint decision on termination of the contract, for which it will be necessary 2/3 of the voting "For".

If your opinion does not share other tenants, you can abandon the intercom in your apartment, notifying this service company.

You will immediately turn off the intercom phone, while the company can continue charging plates, especially if such an opportunity is provided in the contract.

However, most often refusal go to the meeting, eliminating them from the need to pay. Otherwise, you can only vote through the court.

In a refusal statement must be specified Address, Full name Housing owner and please turn off the intercom. You can send it to the service company by registered by registered mail. Kolkovsky Yuri Sergeevich

Apartment, residential building, one entrance. The entrance door, once, together with the intercom installed the house. Compaction. Now the Criminal Code offers at the expense of the tenants to install a new door and pay monthly to the service of 30 rubles per month. Is that all...

Fee for intercom

Good evening, I am the owner of the apartment in an apartment building. Is the charge for the intercom with sq.m? Thank you

How to refuse the charge for the intercom in this case?

Hello. How to refuse the charge for the intercom? The tube is installed, but I don't use it for a long time, I often didn't work the intercom, after calling the wizard, it will work a little and again, they stopped calling the masters.

Is it possible to refuse the intercom service in this case?

Hello. Is it possible to abandon the service intercom? And not to pay for the intercom. Will writing a statement who is engaged in the service of the intercom?

Can I refuse to use the intercom if I do not have a contract with a serving company?

Can I refuse to use the Intercom if I do not have a contract with the serving company, and the charge for the intercom is indicated by a separate line in the receipt of payment of the LCA?

Is it necessary to pay for the debt for the intercom after the death of a relative?

The deceased relative did not pay for the intercom for several years. The company requires pay debt. The apartment is municipal, but we are also spelled out. Should we pay this debt? The contract with this company we did not see.

Is it legal to disconnect the intercom phone for non-payment?

Hello! The situation is this: the entrance was established by the door, we pay one for electricity so that this door worked. I did not pay for the intercom, since in the first treaty with them there is no one who concluded the contract died, no documents ...

Is it possible to challenge the accrual of penaltile debt for the non-payment of the intercom?

The Criminal Code is charged independently a penalty for the non-payment of the intercom from 01.08.2018 in referring to the correspondence at Part 1 of St155 LCD, The service for servicing the DomoFon is included in the Quartial receipt for the decision of the general correspondence assembly of 2/3 of the votes of the owners of the apartments in 2017. IN...

January 16, 2019, 03:31, Question №2225956 Irina Vitalevna, Moscow

Is the inclusion of the charge for the intercom in a single payment document, if there is no contract?

I do not pay for the intercom. I have no tube in the apartment and I did not enter the service contract. But the payment for housing and communal services constantly included fee and arranged arrears. The notification has come demanding to pay off the debt and threat of appeal to the court. Legally ...

December 06, 2018, 16:33, question №2190393 Nadezhda, Nevinnomyssk

How can you abandon the subscription fee for the intercom?

Good day! 3 years ago I bought an apartment, concluded contracts with service providers (light, gas, etc.) in their name, with the intercom organization did not conclude. Approximately a year ago began to send separate receipts for the intercom. Can I refuse ...

Is it legally demanding a charge for the intercom if I do not have it?

Hello! I was sent a receipt for the maintenance of the intercom and video security with a 50% discount, because the apartment there is no intercom and did not conclude a contract. Is it concluded?

How to organize the installation of an intercom tube in the apartment?

Good afternoon, dear experts, I have a question regarding the maintenance of the intercom. The situation is as follows: I purchased an apartment in the property. There is no intercom phone in the apartment, but the intercom itself is installed and functions. In the management company ...

Hello! Tell me, please, whether there are legal confirmations that the monthly charge charge for the intercom is illegal for providing in court. Thank you.

Who charges the intercom fee? Specialized organization established intercom in your home and with which you have a contract or management organization?

But, in any case, you need to pay either into a specialized organization - when you have a contract or in the Criminal Code - when the service of the DomoFon is engaged in the Criminal Code.

These actions generate a situation in which in one apartment building, intercoms are not installed in all entrances or intercoms are served by various serving organizations.

At the same time, the conclusion of direct contracts with the owners of the apartment building for the service of the general property of an apartment building illegally.

Director of the Department of Housing and Communal Services I.A. Bullhakova

The charge for the intercom is illegal.

Legislation

Payment for the intercom, as well as maintenance of intercoms is governed by the following laws and acts:

resolution of the Government of the Russian Federation No. 491 "Rules for the content of common property in an apartment building";
decree of the Government of the Russian Federation No. 354;
the law "On the Protection of Consumer Rights";
Housing Code of the Russian Federation.

However, in practice, it is often an additional graph in utility bills, that is, a certain amount of money is held monthly from each apartment.

That is, if there is a service agreement between the owners and the company established the intercom, the subscription fee is taken into account in a separate article of utility bills.

The terms of the contract must be respected by both parties, therefore invalidation of payment for the service of the device is absolutely legitimate.

Thus, the legality of the charge for the intercom depends on the presence or absence of a contract concluded between tenants and a separate service organization.

Intercoms can:

considerate the balance sheet of residents in the form of an information device;
be on the balance sheet of management companies;
be able to separately enable and disable the subscriber from each apartment;
have integrated video surveillance systems and alarm.

Why do we pay for the intercom monthly?

If the contract is concluded, then paying the intercom will have to be paid in those cases when there is no tube in the apartment.

So, if there is an appropriate contract, you will have to pay for the intercom even in cases where the tube in the apartment is missing or "cut off".

Is the accrual in the absence of a contract?

Should we pay if the contract was concluded? If there is a contract for connection and maintenance between the owners and any organization serving the intercom, then such accrual is illegally.

Judicial practice in Russia shows that the courts are on the side of tenants in cases where payment for servicing the intercom from tenants is charged without the conclusion of the relevant contract.

Positive court decisions were adopted in Voronezh, Krasnoyarsk, Moscow and other cities.

Should I pay if I do not have a handset?

The presence of a tube or its absence is not the reason for avoiding payments. If the contract indicates that you need to pay, you will have to do this.

The intercom has not been working for many months, can I refuse to pay?

Nobody lives in the apartment, is it legal?

Does the installation fee legal?

Do I need to pay for the installation of this device? No, it is illegal. Installation is included in the price of the apartment fee.

Are you still paying for the intercom? Lended?

You are not tired of feeding dams?.

Yes, for me. If in the house 100 apartments, 100 * 30 * 12 \u003d 36000 rub. in year only from one house NOT AT ALL. With us also for the overhaul going to take.

Does the entreprenestic fee legally take?

It's time to speak out loud on the streets, and not quietly in the queues in the bank, which communal services goat. For example, I didn't even see the contract and could hardly see.

Is the monthly subscription fee for the intercom and how can you refuse? 2018 year

Comrades from intercom companies sometight act as bad public utilities. I liked some of the receipt for anything, so the market is mastering.

If your conscience and common sense tell you: not for what, and experience confirms this, here's a scheme of action.

Approximate form of notification:

This is hereby informing the termination with the [Date] of the Treaty [Number] for the maintenance of an access door intercom, in accordance with the Civil Code of the Russian Federation.

Are residents at home pay for the intercom?

Head of the Public Control Center in the field of housing and communal services of the Public Chamber of the Kirov region Sergei Ulitit will help to understand this issue.

What is charged for a subscription fee?

Unless otherwise provided by the contract, then usually in the subscription fee for maintenance of the intercom.

technical inspection of equipment (at the same time, the timing of it must be specified in the contract);
repair of the intercom tube;
repair of the intercom installation on the entrance door in the entrance;
departure to eliminate breakage;
restoring communication lines.

And here arises quite a logical question: does the right-to-service organization have a charge for repairing equipment in the event of its breakdown, if the tenants make a monthly fee?

In case the intercom does not work, and the fee is still charged, the tenants may require a recalculation from the service organization.

- There is a guarantee on any equipment, including the intercom, and during its period all malfunctions must be removed for free. That is, at this time you can not pay a subscription fee?

In other words, not all breakdowns can fall under the warranty case, and if your intercom is periodically exposed, for example, attacks of vandals, then the faults of the serving company are not.

QUESTION:

Edited:

ANSWER:
Comrades from intercom companies sometight act as bad public utilities. I liked some of the receipt for anything, so the market is mastering.

Calculate the amount monthly collected from your entrance. Count how much spending (if it spends at all) the intercom company for maintenance and repair of your door and intercom. Remember, when was the last time something broke, repaired?

If your conscience and common sense tell you: not for what, and experience confirms this, here's a scheme of action.

According to the Civil Code, you have the right to refuse unnecessary household services to you unilaterally. To do this, you just need to notify the organization-performer. There is no need to write "Please", as is usually written in applications. Send to a regulator or hand to painting.

Approximate form of notification:

[To whom]

notification

This is hereby informing the termination with the [Date] of the Treaty [Number] for the maintenance of an access door intercom, in accordance with the Civil Code of the Russian Federation.

[Signature, date]

Extra. Information on the topic of the Intercom:
(as answers to questions).
1. No one has the right to restrict the access of the owner in the room belonging to it.
Similarly, and housing housing under the contract of social. hiring.
Exceptions, of course, will be in extraordinary cases (for example, when the apartment is sealing the state. Services for the reasons set forth in federal laws), but the intercom companies are among such exceptions unambiguously enter! The one who installed the entrance door into the entrance cannot prevent the inhabitants of the entrance to enter their entrance. If you are limited to - refer to the Civil Code of the Russian Federation and demand to eliminate obstacles to your property, and if the lock is standing on the door - require you to provide a key (with one-time payment you can agree on the key).

2. If you refuse to the intercom, then be prepared to failure to use the tube.
Just ensuring communication through the tube is that the intercom company can consider its "necessary" service, which, in her opinion, should be paid monthly.
According to the terms of the contract, it may well be that with the termination of payment for the intercom the intercom company has the right to disconnect the subscriber's tube from the base, that is, you will not have connections. But the lock on the entrance door will still work, unlock with the key or code, use them to enter the entrance you can (see paragraph 1).

3. Check your counterpart.
The organization, which was the contract for the provision of services N years ago, and the organization that today sends you bills for payment - is it the same organization (name, TIN, OGRN)? If organizations are different, then if the need to pay for the services "left" company? It will be legal only in the case of a properly decorated succession of legal entities, and if you are notified and agree on this.

4. To abandon the intercom, send the above application by registered letter with a receipt notice. This is the correct procedure in which the organization will receive a statement, and you will have confirmation of this fact.