Repair of a common corridor is the power of unity. Repair on the floor (in general corridor, elevator and landfill) Common corridor Two apartments Rules for use
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In apartment buildings, as a rule, there are large-scale common corridors in which owners would like to install partitions and use this space with benefits for themselves. BN prepared tips how to do it legally.
In most cases, residents want to extinguish and use in their own interests that part of the total hall or corridor, which directly adjoins the apartment. We note immediately, the right to such actions is available only by the owners of the housing. It is enshrined in Articles 36 and 37 of the Housing Code of the Russian Federation. However, even the owners take advantage of their legal right is not as simple: there are many legal nuances.
Where to begin?
Although in Articles 36 and 37 of the LCD of the Russian Federation, it is argued that generalic property belongs to all owners of housing, the first thing is to carefully examine the charter of the HOA, the HCC or the contract with the management company. From these documents, it may be found out that stairs, halls, attics, basements, house territory and other property transferred from the consent of residents to the operational management of the serving organization. That is, it has the right to extract income such objects. In such a situation, it will be necessary to apply to the Board of the HOA, the ECCR or the Criminal Code. Their representatives will determine, under what conditions you can install the partition and "Cut" additional area. But, most likely, for use, it will have to pay a monthly rent.
If the management organization is not enshrined the right of operational disposal of general awareness, then take payments from the owner for its use (in contrast to its maintenance) no one has the right. But in the event that the HOA, the HSSCs or the Criminal Code considers that the area of \u200b\u200bthe corridor, which you want to disperse, exceeds you by the law in the law in the general purpose property, will have to pay. How many meters it is assumed to you, we will tell in the second council.
And, of course, after studying the Charter of HOA, the HSSC, or the management agreement with the Criminal Code, it is desirable to contact these organizations and report its intention to establish a partition.
Tip №1
Often, the HOA, the HSSC, the Criminal Code refuse to install the door in the general corridor under the pretext of the fact that the allocation of a share in the total ownership of the MKD is prohibited by the Civil Code of the Russian Federation. So, extinguishing part of the corridor, you do not become the owner of this area, and get it to use
We die appetites or negotiate with the neighbors
If the hall is large enough, then most citizens have a temptation to exist to the maximum spaces and use it for their own purposes - to place there old furniture, equipment, bicycle, moped, etc. But you must take into account the interests of other residents who also have the right to use the corridor. According to Article 247 of the Civil Code of the Russian Federation, the owner has the right to provide on the use of a part of the common property of the house proportional to the area of \u200b\u200bthe apartment. And if you "captured" other square meters, then the rest of the owners of housing can make claims and demand a monetary compensation or a monthly rental fee of "Exceptions". Some fundamental citizens, especially if they are supported by the leadership of the HOA, the ECC, CK, and can make a lawsuit for you at all.
So be sure to negotiate with the owners of the closest apartments and try to make your neighbors with our like-minded people. If you are able to convince them, then they will agree to take over the cost of installing the door, and the territory will be able to extinglerate.
Help BN
How many square meters in the corridor can be distressed
Calculate this figure by non-specialists is extremely difficult, which is why conflicts arise. In practice, in a number of HOA and the HCD, it is proposed to use the following formula. The total area of \u200b\u200bthe corridor is multiplied by the area of \u200b\u200byour housing. Then the resulting digit is divided into the total area of \u200b\u200ball apartments on your floor. This will be the size of your "corridor" lobe. Specific data on all areas can be found in the board of the HOA, the ECC, the Criminal Code. However, as the consultant of the Commission on Real Estate Society of Consumers of St. Petersburg and the Leningrad Region Anna Gorbenko, this formula, if consent to the neighbors is not achieved, can be easily challenged in court.
Tip №2.
As a rule, the inhabitants of two or three extreme apartments are negotiated about the installation of the door at the end of the common corridor on the same floor. It can significantly increase the size of the area you want to disappear
We inspect the corridor: Caution, counters!
Quite often conflicts with neighbors arise in the event that you are going to upset part of the corridor, where the electrical protection for all apartments is located on the floor (without metering devices). In this case, the residents can disagree with your plans can refer to the lack of access to public equipment. But their claims are unreasonable: from the point of view of the law, only a certified electrician can only be serviced. And in case of emergency situations, he only needs to provide access to equipment.
It is quite another thing if there are accounting devices in the distribution shield. Then ensure access to the meters is a completely legal requirement of owners. But here there is a way out here, although it will be wrapped with additional trips for you, the metering devices can be reinstalled in apartments. There is a cheaper option - make duplicates from the input keys and transfer them to neighbors whose counters were behind your door.
The most difficult situation is when the fire crane is located in the corridor. Representatives of the fire inspection usually categorically forbid such objects. But here there is a way out. For example, you can install a door with a glass insert, which is easy to smash in case of danger and provide access to the fire crane.
The problem is allowed to be easier if you have a concierge in your entrance. Then he is transferred to storage spare keys from the door.
Tip number 3.
Carefully inspect the corridor, pay attention to the distribution shield, counters and fire crane. Try to find a compromise with your neighbors to turn on these objects into the covered territory.
Organize correspondence assembly of owners
If you do not want in the future legal proceedings with the HOA, the ECC, the Criminal Code or other owners who consider the installation of the door illegal, then before its installation it is necessary to organize the general meeting of the owners of an apartment building. This, of course, will turn to the loss of time and nerves for you. But if the meeting decision will come into force, no one will continue to present you complaints.
It is necessary to conduct a general meeting in absentia, since with a full-time version you are unlikely to collect quorum (two thirds of the total number of owners should be present).
In the agenda, you can include not only specifically your question, but also other problems that worry the tenants. You should notify all apartment owners for ten days. You can do this by a custom letter with the delivery notice (which will fly into a penny), or post information on the stand on the first floor. Then, on a certain day, send documents with the text of questions to other residents, pointing to what date (usually, it is several days) they can express their opinions. After that, it is worth walking around apartments and collect paper. "For" a positive solution to your question must be given more than 50% of the vote.
Tip number 4.
According to the Housing Code, the issue of using common property is solved exclusively at the general meeting of the owners of an apartment building. Otherwise, you violate the law and should be prepared for the relevant consequences.
According to the Company of Consumers of St. Petersburg and the Leningrad Region, about 90% of partitions in general corridors of houses are now established with those or other violations of legislation. In 30% of cases, their installation was challenged or now disputed in court.
So, if you act on your own risk and did not enlist the decision of the General Meeting of the residents, be prepared for the fact that at any time you may receive notification from the partition of the HOA, the ECC or the MC with the requirement to dismantle the installed door. If you do not do this, then organizations engaged in the house may apply to the court. And if he falls on their side, then you will be lifted at your own expense to eliminate the partition. Serious problems may arise in the event that you suddenly want to sell an apartment. The door will have to either dismantle or still carry out a general meeting of residents and receive permission to install post-non-phactum partition.
In most cases, residents want to extinguish and use in their own interests that part of the total hall or corridor, which directly adjoins the apartment. We note immediately, the right to such actions is available only by the owners of the housing. It is enshrined in Articles 36 and 37 of the Housing Code of the Russian Federation. However, even the owners take advantage of their legal right is not as simple: there are many legal nuances.
Where to begin?
Although in Articles 36 and 37 of the LCD of the Russian Federation, it is argued that generalic property belongs to all owners of housing, the first thing is to carefully examine the charter of the HOA, the HCC or the contract with the management company. From these documents, it may be found out that stairs, halls, attics, basements, house territory and other property transferred from the consent of residents to the operational management of the serving organization. That is, it has the right to extract income such objects. In such a situation, it will be necessary to apply to the Board of the HOA, the ECCR or the Criminal Code. Their representatives will determine, under what conditions you can install the partition and "Cut" additional area. But, most likely, for use, it will have to pay a monthly rent.
If the management organization is not enshrined the right of operational disposal of general awareness, then take payments from the owner for its use (in contrast to its maintenance) no one has the right. But in the event that the HOA, the HSSCs or the Criminal Code considers that the area of \u200b\u200bthe corridor, which you want to disperse, exceeds you by the law in the law in the general purpose property, will have to pay. How many meters it is assumed to you, we will tell in the second council.
And, of course, after studying the Charter of HOA, the HSSC, or the management agreement with the Criminal Code, it is desirable to contact these organizations and report its intention to establish a partition.
We die appetites or negotiate with the neighbors
If the hall is large enough, then most citizens have a temptation to exist to the maximum spaces and use it for their own purposes - to place there old furniture, equipment, bicycle, moped, etc. But you must take into account the interests of other residents who also have the right to use the corridor. According to Article 247 of the Civil Code of the Russian Federation, the owner has the right to provide on the use of a part of the common property of the house proportional to the area of \u200b\u200bthe apartment. And if you "captured" other square meters, then the rest of the owners of housing can make claims and demand a monetary compensation or a monthly rental fee of "Exceptions". Some fundamental citizens, especially if they are supported by the leadership of the HOA, the ECC, CK, and can make a lawsuit for you at all.
So be sure to negotiate with the owners of the closest apartments and try to make your neighbors with our like-minded people. If you are able to convince them, then they will agree to take on part of the costs of installing the door, and the heat will be able to extinguish the territory.
We inspect the corridor: Caution, counters!
Quite often conflicts with neighbors arise in the event that you are going to upset part of the corridor, where the electrical protection for all apartments is located on the floor (without metering devices). In this case, the residents can disagree with your plans can refer to the lack of access to public equipment. But their claims are unreasonable: from the point of view of the law, only a certified electrician can only be serviced. And in case of emergency situations, he only needs to provide access to equipment.
It is quite another thing if there are accounting devices in the distribution shield. Then ensure access to the meters is a completely legal requirement of owners. But here there is a way out here, although it will be wrapped with additional trips for you, the metering devices can be reinstalled in apartments. There is a cheaper option - make duplicates from the input keys and transfer them to neighbors whose counters were behind your door.
The most difficult situation is when the fire crane is located in the corridor. Representatives of the fire inspection usually categorically forbid such objects. But here there is a way out. For example, you can install a door with a glass insert, which is easy to smash in case of danger and provide access to the fire crane.
The problem is allowed to be easier if you have a concierge in your entrance. Then he is transferred to storage spare keys from the door.
Organize correspondence assembly of owners
If you do not want in the future legal proceedings with the HOA, the ECC, the Criminal Code or other owners who consider the installation of the door illegal, then before its installation it is necessary to organize the general meeting of the owners of an apartment building. This, of course, will turn to the loss of time and nerves for you. But if the meeting decision will come into force, no one will continue to present you complaints.
It is necessary to conduct a general meeting in absentia, since with a full-time version you are unlikely to collect quorum (two thirds of the total number of owners should be present).
In the agenda, you can include not only specifically your question, but also other problems that worry the tenants. You should notify all apartment owners for ten days. You can do this by a custom letter with the delivery notice (which will fly into a penny), or post information on the stand on the first floor. Then, on a certain day, send documents with the text of questions to other residents, pointing to what date (usually, it is several days) they can express their opinions. After that, it is worth walking around apartments and collect paper. "For" a positive solution to your question must be given more than 50% of the vote.
According to the Company of Consumers of St. Petersburg and the Leningrad Region, about 90% of partitions in general corridors of houses are now established with those or other violations of legislation. In 30% of cases, their installation was challenged or now disputed in court.
So, if you act on your own risk and did not enlist the decision of the General Meeting of the residents, be prepared for the fact that at any time you may receive notification from the partition of the HOA, the ECC or the MC with the requirement to dismantle the installed door. If you do not do this, then organizations engaged in the house may apply to the court. And if he falls on their side, then you will be lifted at your own expense to eliminate the partition. Serious problems may arise in the event that you suddenly want to sell an apartment. The door will have to either dismantle or still carry out a general meeting of residents and receive permission to install post-non-phactum partition.
Text: Svetlana Kovalenko photo: Alexey Alexandronok
September 9, 2017
What if the neighbors burned part of the common corridor?
Residents of apartment buildings often face situations when one of the tenants arbitrarily roam off part of the territory to their needs than block access to other owners to the use of common share owners, such as passage to a common corridor.
Such disputes are extremely rarely resolved by negotiation, and therefore the question arises: what to do next if the violation does not eliminate voluntarily and the violator behaves aggressively, not wanting to comply with the law.
Order order of the property of general use of residents of an apartment building
If we talk about the eligibility of tenants with respect to property and premises intended for general use, then every vest has the right to use, possession and disposal of property in the amount of proportional to the area of \u200b\u200bthe apartment, and it is prohibited from the nature of its part or the refusal of it. This right is enshrined in Art. 289-290 of the Civil Code of the Russian Federation.
Owners of apartment buildings, as follows from Part 1 of Art. 36 LCD of the Russian Federation, on the right of common share ownership is owned by the ownership of the common property of the house, which is intended for sharing by residents - stair cells, corridors, platforms, tambura, entrances, etc. Any actions with this property are not unable to be allowed to be obtained permission of all owners by virtue of Art. 247 of the Civil Code of the Russian Federation, Part 3 of Art. 44 LCD RF.
Typical situations of violations of rights
Examples of unauthorized seizure of common property can be set. One of them - a neighbor stalled the overall pantry, dryer or other room in such a way that other residents have lost access to part of the room and the possibility of its full use.
None of the tenants have the right to selflessly seize part of the common property in an apartment building, except in cases where such a right is provided to one of the tenants on the basis of the decision of the General Assembly of the owners of the apartments in such a house.
Examples of unauthorized seizure of common property:
- restriction of access to the total pantry;
- installing the door and restrictions on the roof;
- restriction of access to basement rooms;
- installing the door or access restriction in the overall wheelchair / pre-training / general hallway.
As read Art. 304 of the Civil Code of the Russian Federation, the owner of the property has the right to demand eliminating any violation of his right even in cases where such a violation does not deprive his rights to property. In the case of the seizure of the part of the corridor or other common areas, the rights of the owner on its full use are violated.
If the reconstruction being conducted by the tenant concerns the common property of tenants, then for the reconstruction, it is necessary to obtain the permission of all housing owners in the house (part 1 of Art. 40 LCD RF). If there was no such permission, you can safely convene a collection and raise the question of eliminating the obstacle impairment.
What to do and where to start to prevent violation
First What is worth starting, this is how to try to hold a collective meeting of all residents and make it necessary to discuss the issue of eliminating obstacles in the use of common property. In practice, such meetings rarely give a positive result, but this is necessary for fixing the very fact of the violation, which the corresponding decision is made. According to the results of the meeting, it is better to make a document that should be sent at least several members of the General Assembly.
The next stage There will be a photo and video fixation of the violation, the materials of which will be used as a confirmation of the fact of unauthorized seizure of common property.
In the third stage It is necessary to work on the collection of information and information about the violating itself, in order to be able to display the collected data in a statement that will be prepared at the fourth stage.
At the fourth stage A statement is prepared and sent to the authorized body, considering such administrative violations. As a rule, this is a management company or a special commission under the municipality. This body can give the assignment of the tenant, who captured a part of the common room, but they cannot completely force him to eliminate the violations.
Fifth stage, If the tenant does not eliminate obstacles - appeal to court. If the owners of the common property have not reached a single opinion on the use and order of them, then it is possible to resolve this dispute only through the court (Art. 247 of the Civil Code of the Russian Federation).
The court must provide all available documents relating to the conflict: photo-materials, the conclusion of authorized bodies and the management company, collective decisions of housing owners, etc.
The claim is submitted to the District Court at the location of real estate.
When drawing up an application, it is important to comply with the requirements of Art. 131-132 Code of Civil Procedure of the Russian Federation in terms of the content of the claim and the list of documents attached to it.
The lawsuit is paid by the state duty in the amount of 300 rubles, as a non-property application.
In the aggregate, the activities carried out will allow the responsibility of responsibility, obliging objects to dismantle it through the court through the court.
Note: With the continuation of the execution of the decision of the Court, the bailiffs have the right to impose a serious penalty on the tenant and forcibly, with the participation of the Criminal Code, to eliminate violations.
Specialist help
The most optimal option will be an appeal to a lawyer or a lawyer with a request to hold a job aimed at eliminating obstacles in the use of common property, as well as bringing the perpetrator to administrative responsibility solely in the legal field and a legitimate method.
Lawyer Kochenkov V.V. It will help to save your personal time to save and ensure the preparation of all the necessary documents and evidence to protect your interests both in the judicial and extrajudicial order.