The section of the personal account is faced by everyone who lives in an apartment occupied by several families or members of the same family who cannot find a common language.
Apartment service
Utilities and house maintenance cost residents of high-rise apartments a serious amount. Every year the price of services is growing. Everyone knows that the accumulation of debts for housing and communal services leads to unpleasant consequences. But what if one of the tenants of the apartment does not want to pay his share of the costs? In this regard, you have to think about the section of the personal account.
Owners or users of municipal (state) housing have the right to conclude an agreement on the division of accounts between themselves. If one of them refuses or the utility service company refuses to split, one way remains - to go to court. Nobody wants to pay money for a neighbor, especially for a careless one.
Legislative regulation
The list of regulatory documents:
- Housing Code - Housing Code - the main law in the field of housing and utilities.
- The rules for the provision of utility services, approved by the Decree of the Government of the Russian Federation of 2011.
- Rules for the provision of water supply, heat supply and gas supply.
- Regulation on the regulation of the electricity market.
- Code of Civil Procedure - a regulatory act regulating the filing of a claim and the consideration of a dispute in court.
- Regional legislation on the principles of housing policy.
The clarifications of the Armed Forces of the Russian Federation on the application of the LCD and the rest of the legislation on utilities make their contribution. They do not have the status of normative acts, but in court the reference to them matters.
Each region has its own administrative and judicial practice of dividing personal accounts, which cannot be ignored.
Plus, even enterprises operating within the same region operate differently. Some without problems agree with such a request of citizens, others flatly refuse, bringing the matter to court.
There is some difference between sharing an account with an apartment owned by the state or municipality or private owners.
Personal account
To understand all the procedures, you need to understand what a personal account is. As soon as an object of real estate, an apartment or a house arises - it does not matter - the relevant companies open an account. It is a set of numbers or letters and numbers. A database of serviced objects is built on the system of accounts.
Therefore, owners change, and the number remains the same, which is convenient for accounting.
Data changes are made on the basis of ownership documents. It is the owner who is obliged to pay for services, and is responsible for the maintenance of the common property. In this regard, the legislation provides for situations in which companies do not produce a personal account section.
Who, in the eyes of the service company, is the person in charge? With whom an agreement is made. It is renegotiated every time the owner or owner changes.
If the apartment is jointly owned, there are no formally allocated shares. Then it remains either to turn to the notary, and he will draw up the appropriate transaction or to the court with a lawsuit to determine the shares. Then, after entering information on shares in the Rosreestr database, continue to act according to the described algorithm.
Where to go
Those wishing to formalize obligations should contact the companies providing the relevant services. The management company is one of them.But to solve all the issues through it will not work. It provides only part of the services. Owners build relationships with other organizations on their own. The organization managing the house is only responsible for the common property of the owners.
In many regions, uniform centers for accounting for utility services and payment for them are organized. And the application for the personal account section is submitted both to the management company and to such a center.
In other places, the application is filed directly with utility companies.
The legislation does not stipulate any time limits. Owners or users are entitled to tackle this issue at any time. Section is primarily their right, and no one can restrict them in it, unless, of course, there are legal grounds.
How to make a statement about the account section
The application is drawn up according to the standard version.
- name of organization or full name of the recipient official;
- information about the sender (full name, address, residence);
- a request for a section with reasons;
- signature and date.
Attached are copies of documents of ownership, copies of a social contract of employment, other papers of importance in the opinion of the applicants.
It is advisable to ask the clerk to mark the acceptance of the document on the second copy. Where to get the application or its sample to the personal account section? in the office or on the Internet.
Legal grounds for refusal
In what situation is the resource organization entitled to refuse the applicant in the account section?
- a dwelling or apartment is owned by one person;
- person filing an application - a tenant who has only registration in a disputed apartment, and not the owner, with the exception of a municipal or state property;
- the apartment has been seized during enforcement proceedings or other restrictions that impede any operations with the apartment;
- split accounts should be technically feasible.
Simply put, an apartment can be divided into two parts and converted so that everyone will have their own kitchen or bathroom, that is, we are talking about rooms that are isolated from each other.
The only exception is the maintenance of the house and the surrounding area. In this case, a sample application for the division of a personal account is submitted exclusively to the management company. And re-equipment of the apartment is not necessary in this situation.
Where to complain
The legislation provides for two ways of dividing a personal account between owners. Carry it out by mutual agreement or through court. However, it cannot be said that the tenant has a choice. The initiator should try to negotiate with another owner or tenant or company, and only then go to court if the attempt was unsuccessful.
Along the way (before the trial), you can write a complaint to the housing inspectorate - the regional body responsible for supervision in the field of housing and communal services. A statement makes sense if a dispute arises with a utility.
A complaint is filed with the prosecutor's office if the housing inspectorate ignores the application or the response does not comply with the law. At first it does not make sense to write it to the prosecutor, the documents will be forwarded to the inspection.
Does it make sense to go with your complaint to supervisory agencies? It all depends on the situation in the region.
The appeals are confirmed by copies of statements with a mark of acceptance and answers to them. The judge should see that the plaintiff attempted to resolve the problem.
Some companies ignore applications for the separation of the personal account, delaying with a response. The grounds for alleging ignoring the application appear after a month period of time according to the legislation on the treatment of citizens.
Others respond on time, refusing to satisfy the request of citizens. The arguments are sometimes fantastic, but it is known in advance what arguments will be provided by the defendant in court.
Statement of claim, its structure
The lawsuit on the division of the personal account is made according to the general scheme.
- name of court;
- information about the plaintiff;
- information about the defendants;
- information about third parties;
- statement of circumstances, reference to legislation;
- requirements;
- inventory of attached documents or just an application;
- signature, date.
Below is explained how to paint each item, the very sample of the claim for the personal accounts section is presented in the photo above.
Which court to apply to
Claims on the division of the personal account are disassembled in the district courts, magistrates do not deal with them. The primary rule of jurisdiction is that the claim is submitted to the court at the place of residence or location of the defendant. In the case of the organization we are talking about the address of the official office.
The dispute of the described category affects the rights of consumers, therefore, the right is given to choose a court at the place of residence of the plaintiff whose rights are affected.
The claim is sufficient to refer to the name of the court, no other data is necessary.
Party Information
The section of personal accounts for utility bills includes three groups of participants:
- plaintiffs;
- defendants;
- third parties.
If the participant is an individual, the full name of the claim falls into the lawsuit. without abbreviations and the address of the actual residence. The plaintiff in the case of a privatized apartment is considered the owner.
If the participant is an organization, the full name (it appears in quotation marks on documents or official resources on the Internet) and the organizational form (LLC, State Unitary Enterprise, etc.), as well as the office address, are entered in the lawsuit.
Indication of the index simplifies the work of the court and post office staff and reduces the risk of sending a letter to the wrong address.
When filing a lawsuit directly with the court, it is proposed to fill out a consent form for notification of the trial by SMS.
It also happens when the subject of a lawsuit on the division of personal accounts is the performance by the utilities of their duties. Therefore, in this case, the defendants will be utilities or enterprises responsible for this work.
Statement of circumstances
It is standard:
- reference to a share in the property right;
- the second or other owners, if there are several of them, refuse to properly pay utility bills;
- reference to the results of attempts to negotiate with neighbors, with utilities;
- from the norms of laws, reference is made in particular to Art. 155-156 LCD, Art. 249 GK.
The reasons for filing a claim are an integral part of the statement; do not neglect them.
How are court requirements formulated
In the described case, they are stated in two points:
- Determination of the order and size of participation of each of the owners in payment for (mentioned service) at (mentioned apartment address). The size of the share of payments is determined by the share in the ownership of the object.
- To oblige the enterprise (the full name of the company is mentioned in the clause) to issue new contracts for the provision of services (which ones are indicated).
Total: two points for each defendant.
What they write in the application
This is the final part of the lawsuit. It lists the documents referred to by the plaintiff or that are relevant to the case and confirm the circumstances of the dispute.
This includes:
- certificate of ownership or extract from the register of real estate rights;
- an agreement or other document on the basis of which the apartment was received into ownership;
- cadastral passport for an apartment;
- contracts with utility providers;
- statements addressed to these enterprises;
- receipts for payment of services or statements from the bank, if the money was transferred to accounts through the use of Internet services.
In such cases, a large amount of correspondence with the authorities and utilities. Letters and other documents of the same type should be indicated by dates and numbers so that there is no confusion. Make copies should be according to the inventory.Applying these simple rules, the plaintiff will facilitate the work of court employees and reduce the risks of losing papers.
In disputes about the division of personal accounts for utilities, such circumstances can delay the consideration of the dispute.
The originals are presented to the judge at the meeting, he checks them with copies, which are then certified by his own signature. Originals are returned to the owner.
Power of attorney representative
It confirms the authority of the representative to conduct the trial. Some, such as filing a claim, the right to sign, appeal, must be directly indicated in the power of attorney. Otherwise, it turns out that the lawsuit was filed by a person formally not having such a right.
It is executed by a notary or certified at the place of work or residence of the plaintiff.
If the power of attorney is issued at work, you need to take a certificate stating that at the time of its certification the person represented really works in the relevant organization.
In the third version, a seal or signature will be put on paper at the management company or HOA.
How a statement is signed
At the end of the claim, under the application, the name, initials, and then the signature and date of delivery of the materials to the court or their sending by mail are written by hand. Some judges still ask that the surname and initials should be marked that it is the plaintiff or representative of the plaintiff. If you forget about this "trifle", the judge may well leave the lawsuit without motion and demand that appropriate changes be made to it.
In the Code of Civil Procedure there is no provision that would justify such a practice, all the more so in the heading of the document the status of signers is indicated. However, this happens.
How many copies
The statement of claim on the division of the personal account is filed in an amount corresponding to the estimated number of participants in the process. One set is left to another judge.
If they are not enough, the judge leaves the lawsuit without motion, by the way, this happens regularly and with experienced lawyers.
Section of the personal account in municipal apartments
The legislation does not mention the division of the personal account in a non-privatized apartment. The law does not directly allow, but does not prohibit. The latter is important in disputes with utilities officials.
When does the need arise? If the residents, for example, who previously were married are now not together and have ceased to conduct a common household.
The division of the personal account in the municipal apartment is carried out through a single settlement center. However, the management or the enterprise representing the authorities or the city with which the residents are in direct contact will not pass.
If the tenant wants separation, he will have to conclude a separate social contract of employment. Only having him in hand will it be possible to re-arrange relations with utilities. The consent of the original tenant facilitates the procedure.
And as described above, it still depends on whether it is realistic to provide the second tenant with an isolated room. Partial isolation of the premises may be an unsuitable option: housing policy is aimed at preventing the emergence of new communal apartments. The same apartments that already exist are handed over to people from the same family so that the rooms are occupied by relatives, not outsiders. According to officials, this will reduce the number of disputes over the use of common property.
Features of the lawsuit
The lawsuit on the division of the personal account in the municipal apartment is different:
- the application is written in relation to the management of property relations or the enterprise performing its functions, refusing to conclude a new agreement on social employment;
- the lawfulness of the introduction is proved (warrant and contract of employment);
- foundations of a new procedure for the use of residential premises
The requirements for the court are adjusted:
- the court must determine the procedure for using the premises;
- terminate previously concluded contracts;
- oblige new social employment agreements to be concluded;
- oblige utility companies that are sued to enter into new contracts.
Needing separation of accounts, it is worth contacting a lawyer at least for advice. Failure to comply with formalities can lead to loss, even in cases where the claim is justified.