Also, a housing cooperative can act as a customer of the work (Article 740 of the Civil Code).

If there is no repair

The dishonesty of repairmen and the topic of offended residents has long become the talk of the town. To deal with the troubles and solve the repair problem, residents need to take the following actions:

• Contact directly management company– its representative is obliged to draw up an appropriate act, on the basis of which work should be carried out (or defects eliminated).
• If repairs are not carried out, residents file a complaint first with the company itself, and then with the municipality (the housing and communal services department of the city administration). The highest authority for appeal is the Main Directorate of Housing Inspection.
• Residents can demand that all problems be corrected or that complex repair in accordance with the agreement with the management company, and in case of refusal, go to court.
• Residents also have the right to unilaterally change a management company that has failed to fulfill its responsibilities.

The decision is made at the general meeting of owners at the end current year(Article 162 of the Housing Code). All documents must be transferred to the new management company or one of the owners (if direct management is chosen).

For supporting normal condition Any real estate requires maintenance and repair work.

In case of serious damage to property, it is required. In other cases, current work will be sufficient. Next, we will understand the concept of routine repairs and what it is according to the law.

What applies to current repairs? Maintenance apartments - what is this according to the law?

What is repair? Any property must be maintained by its owners (owners) in proper condition.

The provisions of the Civil and Housing Codes indicate that the owners of premises bear the burden of its maintenance. Therefore, if necessary, they must carry out the required repair work on them.

In addition, they participate in the costs of maintaining common property in multi-storey building(hereinafter referred to as MKD).

These include fees for those made by service organizations. Persons occupying the premises are given the responsibility to carry out ongoing repairs.

More serious capital work is carried out by the owner. Due to this great importance has a distinction between these activities.

When assigning responsibilities for repairing premises, it is important to determine which actions belong to which type of repair. Civil and housing legislation does not answer this question.

Relevant information can be obtained from regulatory documents Gosstroy of the Russian Federation:

1. Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170 “On approval of the Rules and Standards technical operation housing stock."
2. Methodological manual on content and MDK 2-04.2004.

List of works related to current repairs of the premises

What is current residential renovation?

It should be noted that there is no specific list of current (other residential premises). By definition, such actions are associated with eliminating problems that have arisen and improving the condition of the premises.

Such work should not make major changes to the premises or affect bearing structures, assume complete replacement engineering equipment.

In-line work includes painting floors, walls, wallpapering, whitewashing ceilings, replacing plumbing fixtures, replacing windows, radiators, replacing pipes, repairing wiring and sockets. Regarding repairs common areas and other property in the apartment building, then an approximate list of such work is established here.

According to the Rules approved by the State Construction Committee on September 27, 2003, the following types of work are considered continuous:

• plastering and painting walls and ceilings;
• restoration of floor coverings;
• repair of stairs, fences, railings;
• replacement and repair of door and window fillings;
• filling potholes, cracks and crevices;
• insulation individual parts premises during freezing;
• repair and partial replacement pipes, taps, mixers, pumps;
• restoration of gas equipment;
• repair of waste chute elements;
• strengthening existing partitions;
• replacement and repair of fans and other ventilation equipment;
• replacement of lamps in entrances and common areas;
• repair of faults in electrical networks.

And this is not all of the work provided for by these rules. Their full list can be seen in Appendix No. 7 of these Rules, Appendix No. 2 MDK 2-04.2004.

At the same time, owners of apartments in apartment buildings, when concluding agreements with the management company, can determine specific types works

Frequency of work

How often should routine repairs be carried out in an apartment building?

For the satisfactory condition of the premises, it is important to periodically assess it and timely carry out work to maintain it.

Most of the actions are carried out as planned for preventive purposes. Their volume and list are determined during inspections of specific premises based on the condition existing at the time of inspection.

By Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170, the frequency of continuous repair work is determined within 3-5 years.

It is important to consider technical characteristics the premises (buildings) themselves and the external conditions affecting their condition.

As a rule, a plan for carrying out such actions is drawn up in advance based on information obtained as a result of inspections. Residents of the apartment building should be familiar with this plan, as well as the estimate of the proposed work.

However, the need to conduct such events may arise earlier than the date stipulated in the plan. This need may arise when emergency situations, upon receipt of statements from residents of apartment buildings about any malfunctions.

Who should carry out routine repairs?

As for routine work inside apartments (other premises), their owners (tenants) must independently carry out such work. For these purposes, they can also involve third-party organizations, but the repairs will still be carried out at their expense.

Repairs of apartment building property should be carried out by service organizations and (or) contractors attracted by them.

Depending on the chosen management method, HOA or management company:

• develop a plan for ongoing repair work;
• determine the procedure for their implementation;
• conclude contracts for their implementation;
• notify owners about the cost and scope of work.

Answers to the most frequently asked questions

Answers on questions

The actions of service organizations for routine repairs of property common to apartment buildings always raise many questions. Next, we will look at the most frequently asked questions.

What ongoing work should be carried out by management companies? It should be repeated that approximate lists of works in MKD related to current ones are contained in Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170, MKD 2-04.2004. In addition, a specific list of works is included in the contract with the management company. Therefore, first you should study the agreement concluded with the management company, and then other regulatory documents.

Can residents of apartment buildings request information from the management company about the costs of ongoing repairs and the organizations that carried them out? This is possible due to the provisions of Article 161 of the RF Housing Code. It provides for the openness of information about the activities of the management company, including the repair of common property. Owners have the right to receive information about the cost, contractor and other characteristics of the work performed.

What is the difference between capital and routine repair work? Current work is aimed at maintaining a satisfactory condition of the premises and preventing their premature wear. They include the restoration or repair of individual elements of the premises and the elimination of minor damage. Capital work affects load-bearing structures and involves a complete replacement engineering systems, equipment, other basic elements.

What to do if the management company does not carry out in-line repairs? If the management company does not produce the required current work, you shouldn’t ignore this. Nobody wants to pay for services that are not actually performed. If such a fact is discovered, you should first write a complaint to the Criminal Code itself. If this does not help, then you can complain to the housing inspectorate or Rospotrebnadzor. The final authority in resolving this issue may be the court. You can try to resolve this issue through the Prosecutor's Office.

As a rule, the management company refuses to carry out repairs in the entrance of an apartment building, citing the fact that the implementation of these works, according to the management agreement, is not the responsibility of the management company. To carry out such repairs, a decision of the general meeting of owners of the premises of the house is required, as well as additional cash, which, naturally, is not enough.

Meanwhile, in accordance with clause 3.2.2. Rules and regulations for the technical operation of housing stock", approved by Decree of the State Construction Committee of the Russian Federation No. 170, the organization for servicing the housing stock must ensure not only the required sanitary condition of the staircases, but also the good condition building structures, heating devices and pipelines located on staircases; standard temperature and humidity conditions in staircases.

And as follows from clause 3.2.9. According to the specified Rules and Regulations, the frequency of repairs of entrances must be observed once every five or three years, depending on the classification of buildings and physical wear and tear.

The absence in the management agreement of a corresponding clause on the management company’s obligation to carry out repairs to the entrance does not relieve the latter of its obligation to ensure favorable and safe conditions residence of citizens.

Of course, we should not forget that the management company is not obliged, in the absence of a decision of the general meeting of owners, to carry out work related to major repairs.

Examples from judicial practice : repair of the entrance to a residential building is the responsibility of the management company

The management company is obliged to carry out repairs to the entrances of a residential building

The court satisfied the demands that the management company be obliged to carry out repairs to the entrances of a residential building, in particular, to restore the plaster and paint coating of the walls and ceilings of the staircases.
The court found that earlier, the Housing Inspectorate had identified violations of the rules and regulations for the technical operation of the housing stock; the management company was issued an order to eliminate the deficiencies, which was not fulfilled.
The management company's arguments about the lack of funds to carry out work on repairing the entrances, as well as the fact that the specified work is not provided for in the contract, were rejected by the court. The court also found unfounded the defendant’s argument that the current repairs of the entrances to a residential building, according to the contract, are provided only for a fee and by decision of the meeting of owners of premises in an apartment building. (Cm. Appeal ruling of the Moscow Regional Court dated June 10, 2013 in case No. 33-12585/2013)

Repair of the entrance to the house must be carried out in a timely manner, established by the Rules and norms technical maintenance of housing stock

The court ordered the management company to carry out repairs to the entrance to the residential building, including restoring the damaged plaster layer of the walls and ceiling, painting the walls with adhesive, flights of stairs, ceilings, oil painting of window units, radiators, stair railings, install handles, latches, restore window frames, perform other work.
The courts indicated that the management organization is obliged to provide favorable and safe living conditions for citizens and proper maintenance of common property in the apartment building.
The fact that there is no decision of the general meeting of owners does not cancel the provided Gosstroy rules(clause 3.2.9.) the obligation to carry out repairs to the entrances of the house within the established time limits. (Cm. Appeal ruling of the Murmansk Regional Court dated July 24, 2013 N 33-2479)

The management company is obliged to carry out repairs to the entrance, regardless of the debt a number of owners

The court decided to oblige the management company to carry out work on repairing the entrance of a residential building, including walls, floors, ceilings, flights of stairs, railings, installation of frames in window openings entrance, doors in corridors, repair of electrical wiring, garbage chute, other work.
Argument of the management company that a number of owners of the premises of the house have arrears of payment utility payments, the court declared untenable.
At the same time, the court of second instance noted that imposing the obligation on the management company to carry out repair work, which relates to capital rather than routine repairs, is not based on the law. ( Appeal ruling of the Yaroslavl Regional Court dated August 2, 2012 in case No. 33-3687)

The management company is obliged to conduct redecorating entrance, these works are not of a capital nature

The court decided to oblige the management company to carry out cosmetic repairs to the entrance of a residential building: bring the ceiling and walls of the entrance to proper condition, paint the ceiling and walls.
The court came to the conclusion that the work to repair the entrance was not of a capital nature. (

I. S. Zuikov,
k.e. Sc., expert "BG"

Published in "Accounting Newspaper" No. 12/2016

In the last two years, the attention of experts in the accounting community has been focused on this type of repair of common property in an apartment building (MKD), such as major renovation. In this regard, another important type of repair – current – ​​almost fell out of their sight. It must be said that previously the issue of carrying out routine repairs in an apartment building managed by a HOA was not fully covered. This largely explains the writing of this article.

Current repairs of a building include a set of construction, organizational and technical measures in order to eliminate malfunctions (restoring operability) of elements, equipment and engineering systems of the building to maintain operational performance (paragraph 4 of the preamble of section II of the Rules and Standards for the Technical Operation of the Housing Stock, approved. Resolution of the State Construction Committee of Russia dated September 27, 2003 No. 170 (hereinafter referred to as Rules No. 170)). The recommended list of works related to routine repairs is given in Appendix No. 7 to Rules No. 170:

1. Foundations
Elimination of local deformations, strengthening, restoration damaged areas foundations, ventilation ducts, blind areas and entrances to basements.

2. Walls and facades
Sealing of joints, sealing and restoration architectural elements; changing sections of cladding wooden walls, repair and painting of facades.

3. Floors
Partial change of individual elements; sealing seams and cracks; strengthening and coloring.

4. Roofs
Strengthening wooden elements rafter system, antiseptic and antiperation; Troubleshooting of steel, asbestos-cement and other roofs, replacement drainpipes; repair of waterproofing, insulation and ventilation.

5. Window and door fillings
Replacement and restoration of individual elements (devices) and fillings.

6. Apartment partitions
Strengthening, changing, sealing individual areas.

7. Stairs, balconies, porches (umbrellas-visors) above the entrances to the entrances, basements, above the balconies of the upper floors
Restoration or replacement of individual sections and elements.

8. Floors
Replacement and restoration of individual sections.

9. Stoves and hearths
Troubleshooting work.

10. Interior decoration
Restoration of the finishing of walls, ceilings, floors in separate sections in entrances, technical rooms, and other general building auxiliary rooms and service apartments.

11. Central heating
Installation, replacement and restoration of functionality of individual elements and parts of elements internal systems central heating, including house boiler rooms.

12. Water supply and sewerage, hot water supply
Installation, replacement and restoration of functionality of individual elements and parts of elements of internal water supply and sewerage systems, hot water supply, including pumping units in residential buildings.

13. Power supply and electrical devices
Installation, replacement and restoration of operability of the building's electrical supply, with the exception of intra-apartment devices and appliances, except for electric stoves.

14. Ventilation
Replacement and restoration of functionality of the in-house ventilation system, including the fans themselves and their electric drives.

15. Garbage chutes
Restoring the functionality of ventilation and flushing devices, waste collection valve covers and gate devices.

16. Special common house technical devices
Replacement and restoration of elements and parts of special elements technical devices, carried out by specialized enterprises under a contract with the owner (the body authorized by him) or with an organization servicing the housing stock, according to regulations established by manufacturers or relevant industry ministries (departments) and agreed upon state supervisory authorities.

17. External landscaping
Repair and restoration of destroyed sections of sidewalks, driveways, paths, blind areas of fences and equipment for sports, utility and recreation areas, platforms and sheds for waste containers.

Before carrying out routine repairs, HOA members need to determine the source of its financing. The most common, although not the only, method is to create a fund in the HOA for current repairs, approval of the procedure for the formation and use of which falls within the competence of the general meeting of members of the partnership (Clause 5, Part 2, Article 145 of the Housing Code of the Russian Federation). At the same meeting, it is necessary to decide on the period for ongoing repairs (set a date after which there will be enough funds for repairs). But holding just this meeting is not enough.

Current repairs are carried out on the basis of a decision of the general meeting of premises owners, adopted by a majority vote of the total number of votes participating in the meeting (clause 4.1, part 2, article 44 of the Housing Code of the Russian Federation). Owners of premises are required to approve at a general meeting a list of services and works, the conditions for their provision and implementation, as well as the amount of their financing (clause 17 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491 (hereinafter referred to as the Rules No. 491)).

Note
At first glance, it may seem that at meetings (of HOA members and premises owners) there is duplication of decisions, but this is not so, since it is one thing to establish a fund for carrying out routine repairs of common property in an apartment building, and something completely different – ​​carrying out specific ongoing repairs (certainly not the last in the history of an apartment building).

Owners of premises have the right to independently carry out actions to repair common property or engage other persons to provide services and carry out repair work, taking into account the chosen method MKD management(Clause 12 of Rules No. 491). In the HOA, the implementation of routine repairs of common property in the apartment building is ensured by the membership of premises owners in the partnership and the conclusion of agreements with the owners of premises who are not members of the HOA (subclause “h”, clause 11, clause 16 of Rules No. 491). Homeowners associations can carry out routine repairs of common property in the house on their own or engage, on the basis of contracts, persons who perform the relevant types of work.

At the same time, the homeowners’ association must ensure the normatively established requirements for the maintenance and servicing of the housing stock (Part 2.2 of Article 161 of the Housing Code of the Russian Federation).

According to clause 1, part 2, art. 154 of the Housing Code of the Russian Federation, the fee for current repairs is included in the fee for the maintenance of residential premises. This indicates that a separate fund for financing current repairs may not be created, since the financing of such repairs is provided for by the estimate of the HOA's revenues and expenses for a certain year. The planned funds will be transferred to the current account of the HOA and accumulate there until the start of ongoing repairs. In this regard, it is necessary to properly plan routine maintenance activities. To ensure that the funds collected for repairs do not remain in the current account for a long time without movement, they must be used in stages. For example, the funds accumulated over several months are enough for the planned repairs of the floors in the entrance - therefore, such repairs must be carried out. This approach allows you to incur less inflationary losses when accumulating funds for current repairs. Of course, with this approach it is necessary to take into account many factors, for example, the seasonal factor. Not allowed in summer period make repairs to the floors in the entrance, and in the rainy autumn period repair the façade or blind area of ​​the apartment building.

It should be noted that the owners of premises bear the costs of maintaining common property (including current repairs) in proportion to their shares in the right of common ownership of this property by making mandatory payments and contributions from HOA members. At the same time, owners who are not members of the partnership pay a fee for the maintenance and repair of residential premises in accordance with agreements concluded with the HOA (Parts 1–3, Article 39 of the Housing Code of the Russian Federation, Clause 28 of Rules No. 491, Parts 5, 6 of Art. 155 Housing Code of the Russian Federation).

Example 1
Let’s say the area of ​​residential premises in an apartment building is 5000 square meters. m. At the general meeting, the members of the HOA decided to charge a fee for the maintenance of residential premises in the amount of 15 rubles. from one sq. m (including 2 rubles for current repairs).

In accounting, the accrual of fees for the maintenance of residential premises will be reflected together with fees for utilities and other services in the debit of subaccount 76-11 “Settlements with premises owners for consumed public utilities and by amounts for the maintenance of residential premises" and the credit of subaccount 86-1 "Targeted receipts from the owners of premises for the maintenance of residential premises and for consumed utilities", and its receipt - by the debit of account 51 "Settlement accounts" and the credit of subaccount 76-11. Thus, at the end of the month, a total of 75,000 rubles will be received to cover the estimated expenses. (5000 × 15), of which 10,000 rubles will be spent on current repairs. (5000 × 2).

To carry out routine repairs, it is better to involve a repair and construction company that is a member of a self-regulatory organization and has the appropriate permission to carry out the types of work planned in the HOA. After completion of the work, the chairman of the board of the HOA or another person who, on behalf of all owners of premises in the apartment building, is authorized to participate in the acceptance of work on current repairs, signs an act of acceptance of services provided and (or) work performed on the maintenance and current repairs of common property in the house, the form of which approved by order of the Ministry of Construction of the Russian Federation dated October 26, 2015 No. 761/pr.

Example 2
According to the contract, a repair and construction company carries out routine repairs of the common property of an apartment building managed by a HOA. The cost of the work was 118,000 rubles. (including VAT RUB 18,000). Funds for the repairs were accumulated in the current account of the HOA as a result of their receipt as part of the payment for the maintenance of residential premises.

In accordance with the Instructions for using the Chart of Accounts accounting financial and economic activities of organizations, approved. by order of the Ministry of Finance of the Russian Federation dated October 31, 2000 No. 94n, organizations whose activities are not related to production process, to summarize information on the costs of conducting this activity, use account 26 “General business expenses”. In this case, the costs of repairing common property in the apartment building are reflected in the debit of account 26 and the credit of account 60 “Settlements with suppliers and contractors”.

As for VAT, the partnership is exempt from paying it on the basis of subparagraph. 30 clause 3 art. 149 of the Tax Code of the Russian Federation, therefore, when the contractor presents the amount of VAT on the work performed on the current repair of the common property of an apartment building, the HOA takes this amount of tax into account in the cost of the work performed by virtue of clause 2 of Art. 170 Tax Code of the Russian Federation.

The following entries should be made in accounting.

Debit 26 Credit 60– 118,000 rub. – repair work performed by the contractor has been accepted;
Debit 60 Credit 51– 118,000 rub. – paid for repair work performed by the contractor.

It should be noted that the costs of current repairs collected on account 26 as part of other costs grouped on this account should be reflected in the final turnover of the month as the debit of subaccount 86-1 and the credit of account 26.

In conclusion, we will say that it is possible to carry out routine repairs of common property in an apartment building without involving contractor and for less money, but members of the HOA, making a decision at a general meeting to carry out routine repairs, should ask themselves the following question: who will be responsible for causing damage to the property of residents or harm to their health, which may occur as a result of poorly carried out routine repairs by unqualified persons?

Also on this topic.