Penalty for overhaul - legal or not? Contributions for overhaul. Facade repair

According to current laws, people who own residential real estate, which is part of apartment buildings, must pay considerable amounts from month to month for major repairs of the area that is considered to be common property. In particular, the money should be used to regularly repair the facade, roof, and porches. In practice, such work has to wait for years. This encourages many to ignore overhaul contributions. Each new payment in this case comes more than the previous one, since the management companies accrue special interest on late payments. They are called "penalties for overhaul."

Disputes and laws

And to this day, the overhaul of the territories that are in the common possession of all the owners of the house causes a lot of disagreement. How legitimate is it mandatory to collect money from all those who own property in a high-rise building? How correct is it - to levy additional amounts from those who are not ready or cannot pay on time for major repairs? And in general: over the past few years, many of the management companies in our country have accumulated decent millions sent to the bank and bringing profit in the form of interest that each “manager” puts in her pocket without benefit for the residents who paid the money.

But not to pay on time is fraught. According to a special formula, the penalty for overhaul is calculated. From month to month, accounts grow and grow until the numbers in them begin to scare even those who are used to dealing with debts. In this situation, people are trying to figure out whether the penalty for capital repairs has been correctly calculated, whether a court can help them, and how to reduce debt without parting with a huge amount of money. Unfortunately, the legislation has not yet been thoroughly worked out, so certain difficulties arise regularly.

Contributions: how it works

The law, according to which it is necessary to create a special account for the overhaul of the house, to collect owners' money for it every month, and then spend it on major events to maintain the building in good condition, was adopted in 2012. From the document it follows that from this moment the owners are responsible for maintaining the structure and repair as necessary. The legislative act entered into force on the first day of 2014. And immediately, from all other accounts for housing and communal services, overhaul stood out in large amounts.

According to the law, such repairs are carried out according to the following scheme:

• every month, owners pay some amount that the fund responsible for this collects;
• the fund carries out repair work on the money raised.

The organization of work is carried out through a regional tender, during which any organizations with suitable capacities and qualifications express a desire to participate in the contract.

How to spend money?

The company that wins the auction draws up a major overhaul project, as it is approved, it implements all the indicated communications work inside the house and in the territory related to this house. Thus, it is possible to supply, for example, metering devices for the expenditure of resources on a building. The fund withdraws money from the amount paid by the owners and settles with the contractor.

Contributions for overhaul paid by the owners of the territories in the residential building are accumulated in the fund of the name of the region where the building is being built. There are regional funds that work with contractors, organize tenders and create lists of organizations that can handle the work.They have the right to function only in their region.

How to pay?

The money collected for the overhaul is paid through the operator of a particular region. Terms of payment are regulated by normative acts adopted at the territorial formation. The documentation also tells you exactly how to pay. At the same time, money is paid “month to month”. This means that in January the accounts for January will come, in February - for February, and so on.

In some regions, authorities have established that the due date is before the 10th day of the next month. This scheme is familiar to everyone, since it has long been customary to pay on other utility bills. As a result, the bills received, for example, in January, must be repaid by the owner no later than February 10. If this does not happen, there is a debt for overhaul.

What to pay and how much?

To pay the money, which will then be used to repair the facade, roof, communications, you must first receive a receipt. It indicates how much money should be given. In a word, the system is similar to that for which the usual services are paid: water, gas, heat. You can pay both through special cash desks, and through a bank or post office. The easiest option is to use your personal account online version of your bank. True, you need to carefully enter the details so that the payment arrives where it is needed.

The following factors determine how much the owner sees in the receipt, the following factors:

• area of ​​housing owned;
• regional tariff;
• the presence of debt.

In many regions, the tariff is about five rubles per square meter. Accurate information at any time can provide the FCR of the region. Specialists are obliged to clearly explain to everyone what the basic rate is, what factors play a role, how you can pay and how long it will have to be done, as well as the answer to questions about why this money is paid and what the owner will benefit from.

And when to pay less?

Some categories of citizens can rely on benefits, which allows them to spend on overhaul is not such a "space" amount. Exemptions are as follows:

• reduced rate;
• compensation of part paid;
• exemption from payments.

It is engaged in establishing the categories of residents to whom it is supposed, the local municipality. Officials also determine how great relief will be for individuals.

And if you do not pay?

If a citizen owning property in a multi-storey building does not want to or cannot pay for capital repairs on time, then he will be fined. The 155th article of the Housing Code in force in our country governs this issue. It follows from it that a person who has delayed payments must pay off his debt in full, and in addition to it, also pay penalties for overhaul. The fact that interest is high is established by the 14th part of this article. Penalty and interest are different concepts, which in this particular case are often equated with each other, since we are talking about charges applied to a person in debt.

But from the official point of view, penalties for overhaul do not exist at all, as well as penalties associated with late payments. FKR call this money reserves taken to replenish the fund. That is, this extra money, as well as the statutory contributions, goes to the "common boiler" for use in major repairs. Such complexity of terminology leads to the fact that many are convinced that the penalty for overhaul is illegal and that they do not need to be paid. In practice, the difficulty of applying official terms precludes the possibility of avoiding debt settlement: you still have to pay, whatever you call it, because additional charges are called “penalties” only in the people and the law fully complies.

How much to pay a fine?

How big can the penalties for overhaul be? It depends on a number of factors. Arrears occur when the owner:

• Did not pay the full amount on bills;
• paid the full amount, but not on time;
• paid nothing for the overhaul bills.

Any of the options implies a violation of the order established by laws and leads to the collection of additional money. The calculation of the fine occurs according to the formula:

P = Ned x STR: 300

Ned - this is the amount that the fund received less from the owner. StreF is the refinancing rate introduced by the Central Bank of the country. It is likely that the rate has changed over the period for which the calculations are carried out. In this case, take the indicator valid on the date of issuing the current account.

What to do?

If a certain owner has received a notice and it follows from the official paper that he has violated the procedure for paying contributions for major repairs, which leads to the collection of additional amounts, he can calculate how much he will have to pay. In order not to miss anything, it is recommended to collect as much information as possible and check whether you really violated the law, or if the paper came in by mistake.

It all starts with clarifying the standards that are valid for a particular region. So, contact the regional fund to find out what are the deadlines for payment. Next, specify on which specific day you received the receipts. This information can be found in payment documents: bank statement, receipt or check.

If it is revealed that the payment occurred later than the due date, you need to calculate how large the time difference is in days. In this case, the first is not the day when the amount should be paid, but the next one. For example, if a payment deadline is set in the region before the 10th day of the next month, then the first day of delay is the 11th day. The last day is the one when the money was actually sent to the recipient, that is, to the fund or management company.

If the entire amount was paid later than the time, then it is considered the entire arrears and in the above formula takes the place of the variable "Ned". If part of the invoice amount was sent to the recipient before the required day, and part after, then the second amount is used as arrears, that is, sent with a delay.

The late payment notice shows the date. On the website of the Central Bank specify, at this point, how high was the refinancing rate. So, all the information is available, so the numbers can be substituted in the above formula. The calculation results need to be compared with the figure that is in the notification. If there is a mismatch, you must contact the fund of the region and ask for an explanation.

To pay or not to pay?

Overhaul, contributions to it, penalties related to late payment of amounts - the topic of a huge number of conflicts between individuals and management companies. Obviously, many in search of justice turn to the courts, so decent practice has accumulated in just three years.

The main reasons for not paying on receipts:

• The Tax Code does not contain a requirement to pay capital repair fees.
• The Tax Code does not mention fines, arrears, additional charges related to non-payment of overhaul payments.
• The laws of the country do not contain mention of payment of outstanding public utilities.

Since the management companies and funds collect money for major repairs just like that, but they can’t provide either an act of work done or an estimate confirming that the repair was carried out, people who do not want to pay on receipts refuse to deposit money.

And still unclear

Last year, deputies wrote an appeal to the Constitutional Court of the country, where they demanded a clear explanation of the fact that the overhaul fees are justified, legitimate, everyone is required to pay them. In April of the same year, the court approved the fact that the collection of funds from owners was justified. Additionally, the supreme authority clarified that the owners are not obliged to give money to special third-party funds, they can accumulate funds themselves and carry out repairs on them when it turned out to be necessary.

The residents of each apartment building are given a certain time period for which they must decide whether they will raise funds or trust this centralized organization responsible to the municipality. If the fund requires payment of money without first obtaining consent from the population, then you can go to court. The lawsuit must come directly from owners who have suffered from such illegal practices. By a court decision, residents can begin a centralized collection of money among themselves without using the reserves of a regional fund. However, as it became clear from the judicial practice of 2016-2017, it usually takes at least a year to exit the fund.

And what does it mean?

If we analyze the decision of the Constitutional Court, normative acts, legal papers, which are currently valid in the country, it becomes clear that contributions for major repairs must be paid without fail. This, in turn, means that the collection of late arrears is an absolutely legal process. If a malicious defaulter has brought the situation to the point that he has been appealed to the court on this issue, the owner is recognized as unlawful and will be obligated to pay the full amount, including interest, as well as to pay legal costs.

How to pay less?

Since it is not possible to completely eliminate capital repairs, another question arises: how can one save? There are legal ways to reduce the amount required from people to regional funds. We are talking about various benefits in force in a particular region.

Regional laws precisely determine which categories of citizens can rely on exemptions when calculating utility bills, including for major repairs. To find out who is entitled to relief, you need to contact the representatives of the local fund. As a rule, these categories of citizens are:

• disabled people;
• the poor;
• large families;
• raising disabled children;
• single parents;
• victims of industrial accidents.

And who else does not pay the full amount?

In some regions, special conditions are also established for:

• educators;
• the military;
• workers involved in agriculture.

If the owner has the right to exemptions, but does not receive those, he needs to contact the specialists of the regional fund. As a rule, you will have to have with you a document proving that the person is actually one of the beneficiaries.

Special occasions

Very often, overhaul contributions are not round amounts, since a lot depends on the area of ​​the home. But in practice, people try to pay money by rounding them. For example: accrued 376 rubles, but a person pays 380, and does not even think about whether this is correct. How often the townsfolk respond: “You think, it’s not a pity.” Does the fund have the right to take such amounts?

The situation is as follows. At a meeting of residents of an apartment building, the amount that they will pay monthly to the management company and then to the regional fund is established. In the event that such a meeting decided that with a regional norm of 376 rubles, people would pay 380 rubles in their house, it means that the fund has the right to charge such payments. If this did not happen, then public utilities can take exactly as much as the average for the region is prescribed.

Federal benefits

In 2016, the legislation on capital repair contributions underwent amendments regarding the category of beneficiaries. If earlier it was possible to get exemptions only from regional authorities, now they are also provided by the federal authorities and apply to all regions. So, they can count on special conditions:

• people who have confirmed disabilities of the first, second group;
• families with disabilities;
• owners who have crossed the 80-year milestone can pay nothing at all;
• owners aged 70 and over pay only half the amount of the contributions.