Overhaul fee: what is it and who can not pay it. Are tenants required to pay contributions for major repairs in new buildings Do not pay for major repairs
This is not the first year on the Internet, and especially in in social networks, one of the greatest misconceptions that capital repair fees are optional is being circulated and vigorously discussed. I will quote the distributed text with the preservation of spelling and punctuation:
Decision of the Supreme Court dated 04.06.2014 No. A-57-APG14-2, the payment for major repairs for homeowners is NOT OBLIGATORY, this is a fund, and the fund is collected from voluntary donations. Further, the Constitution of the Russian Federation does not provide for payment for NON-EXISTING SERVICES.
So. This statement is MIF. A monthly contribution from the owner of the premises for major repairs is required. Let's break this text down into parts.
Step #1 to dispel the myth that the Overhaul Fee IS NOT mandatory “Determination of the Armed Forces of the Russian Federation”
We turn to the announced Ruling of the Supreme Court of the Russian Federation on 06/04/2014 No. A-57-APG14-2. Indeed, such a definition exists, but before drawing any conclusions to the author of the lines, this definition had to be comprehended after reading and, moreover, not to pull the phrase out of context. We present the mentioned Definition of the Armed Forces of the Russian Federation to your attention:
As we can see, the Determination of the Armed Forces of the Russian Federation denied the complaint to citizen N.V. on recognizing as contradicting federal legislation and invalid the Law of the Belgorod Region of January 31, 2013 "On the creation of a system for financing the overhaul of common property in apartment buildings Belgorod Region” on appeal Bezugly H.The. against the decision of the Belgorod Regional Court dated February 10, 2014.
The Supreme Court of the Russian Federation concluded that in refusing to satisfy the stated requirements, the regional court proceeded from the fact that the disputed law was adopted by the subject of the Russian Federation within the limits of the powers granted to it in development of the provisions of Art. 167 of the Housing Code of the Russian Federation and is aimed at regulating the creation and activities of a regional operator. Thus, the court reasonably came to the conclusion that the challenged law does not violate the rights and legitimate interests of the applicant, since the obligation of the owners of the premises of apartment buildings to pay contributions for major repairs is not established.
In other words, disputed by Bezuglov N.V. The law did not establish the obligation of owners of premises to pay contributions for major repairs. The adoption of this law was aimed not at imposing any obligations on the owners of premises, but at regulating the creation and activities of a regional operator. And even more so, the Supreme Court of the Russian Federation in its ruling did not draw conclusions that, in a general sense, the payment for overhaul is not mandatory.
Step #2 to dispel the myth that the Capital Repair Fee IS NOT mandatory “Fund – Voluntary Donations”
Indeed, one of the forms of non-profit associations, in accordance with Part 1 of Art. 7 of the Federal Law of 12.01.1996 N 7-FZ “On non-profit organizations” A fund is recognized as a non-profit organization without membership, established by citizens and (or) legal entities on the basis of voluntary property contributions and pursuing social, charitable, cultural, educational or other socially useful goals.The property transferred to the foundation by its founders (founder) is the property of the foundation. The founders are not liable for the obligations of the fund they created, and the fund is not liable for the obligations of its founders .
But, referring to part 4 of the named article, we see that the legislator provides for the creation of separate funds, which is the Capital Repair Fund, activities and legal status which is no longer regulated by the Law on Non-Commercial Organizations, but by Chapter 17 of the Housing Code of the Russian Federation. This chapter establishes a special procedure for the use by a regional operator Money, as well as a number of restrictions not provided for by the Law on Non-Commercial Organizations.
The obligation to pay contributions for overhaul is established by part 1 of article 169 of the LC RF. That is, voluntary contributions are not provided for by law.
Additionally, it is worth noting that Decree of April 12, 2016 No. 10-P The Constitutional Court of the Russian Federation in connection with the requests of groups of deputies State Duma The Russian Federation assessed the constitutionality of the provisions of Part 1 of Article 169, Parts 4 and 7 of Article 170 and Part 4 of Article 179 of the Housing Code Russian Federation. All contested norms were recognized as not contradicting the Constitution of the Russian Federation.
Seal
01/16/2019, Sasha Bukashka
The capital repair fee is a fee for the maintenance of common property in apartment buildings, which the owners of residential premises are required to pay. Its minimum size is set by regional authorities, and the maximum is not limited by law. Maintenance fees must be paid monthly. But not everyone. Let's talk about exceptions.
Overhaul fees: where does the money go
Some sources are discussing whether the overhaul will be canceled in 2019, and what could be an alternative to this fee from citizens. But such an issue is not on the agenda of the government: contributions for overhauls fully justify themselves.
According to the current Housing Code, owners of premises in apartment buildings must pay for the maintenance of common property - roofs, porches, stairs, basements, and other places. To maintain them in good condition, apartment owners monthly transfer a certain amount. It can be different, even if the houses are in the neighborhood. It all depends on who decides how much to pay for the overhaul. Homeowners associations can comply with the decision of the regional authorities and set a minimum fee, or they can increase the fee and collect more.
Is it possible not to pay for the overhaul of an apartment building (2019)
By general rule, all owners of premises in a high-rise building must pay a fee for overhaul. It doesn’t matter if you rent an apartment or live in it yourself, you use the living space in principle or it is idle, you own the entire apartment or just a share. Be sure to pay.
Exceptions: who can not pay
The law clearly states who does not pay for major repairs in 2019:
- The owners of the premises in the house, which is recognized as emergency and which is planned to be demolished, do not collect money for major repairs.
- The land plot on which the high-rise building stands is planned to be withdrawn for state or municipal needs. Residents may not collect money for major repairs from the month following the one in which the decision was made.
- The house is included in the regional overhaul program, and from the date of publication of this document has passed from 3 to 8 months. The exact period is set by the regional authorities.
- The owners have the right to suspend the collection of funds if the amount collected exceeds the minimum amount of the fund for the overhaul of a high-rise building. By law, the minimum fund can not exceed 50% of the estimated cost of major repairs of a particular house. But since the size of the monthly fee is set by the general meeting of owners, they can collect the required amount faster. In this case, the Housing Code allows you to suspend the payment of contributions. But the decision must be made at the general meeting (that is, it must be supported by the majority), and it does not apply to persons who have debts for major repairs.
The above list of cases where you can not pay is closed. No other reasons and arguments will force officials to refuse to accrue funds, and in case of non-payment, to collect them through the courts.
Note! Since June 2018 .
Capital Repair Fee: Retirement Benefits
By decision of local authorities, there may be more categories of citizens who do not pay for overhaul in 18. For example, a region can afford to pay for single people over 70 years of age 50% of the amount of the contribution, and - the entire amount. Similar amounts of subsidies are provided for elderly apartment owners who live with non-working citizens of retirement age.
It is important to consider several nuances here. The first- to provide compensation or not, regional officials decide. They can also offer other options to support retirees. Second- you still need to pay for the overhaul and in full, because if there are debts, the subsidy will be taken away (it is usually provided after the fact). Third- in order to receive a subsidy, documentary evidence is required that the owner of the apartment has reached the established age, he is single or lives with a person of retirement age, he does not have a job. The specific package of documents and the place of application for a subsidy must be clarified with the social security authorities of the region.
Benefits for the disabled
According to the Federal Law of November 24, 1995 No. 181-FZ “On the Social Protection of the Disabled in the Russian Federation”, disabled people of groups 1 and 2, disabled children, as well as parents of disabled children are provided with compensation for the costs of paying a premium for major repairs in the amount of not more than 50% of its size.
According to the Determination of the Armed Forces of the Russian Federation of 04.06.2014 N 57-APG14-2, payment for major repairs for homeowners is not mandatory. How is this consistent with Art. 169 of the Housing Code of the Russian Federation on the obligation to pay contributions for major repairs?
V. Chistyakov, Lipetsk
The obligation to pay contributions for major repairs is expressly provided for by the norms of the Housing Code of the Russian Federation. At the same time, according to the letter of the Ministry of Construction of Russia dated 05.08.2015 N 24470-OD / 04 "On the issue of payment of contributions for capital repairs by owners of premises in an apartment building", owners of premises in MKD are obliged to pay contributions for capital repairs, regardless of whether an agreement on the formation of a capital repair fund and the organization of a major overhaul between the owner of a premise in an apartment building and a regional operator the rule on the mandatory conclusion of an agreement between the owners of premises in an MKD and a regional operator).
In accordance with the provisions of Art. 169 of the Housing Code of the Russian Federation, owners of premises in an apartment building are required to pay monthly contributions for the overhaul of common property in an apartment building, with the exception of cases provided for in Part 2 of this norm, Part 8 of Art. 170 and part 4 of Art. 181 LCD RF, in the amount established in accordance with Part. 8.1 Article. 156 of the Housing Code of the Russian Federation, or, if the relevant decision is made by the general meeting of owners of premises in an apartment building, in a larger amount.
Contributions for capital repairs are not paid by the owners of premises in an apartment building recognized as emergency and subject to demolition in accordance with the procedure established by the Government of the Russian Federation, as well as in case of acceptance executive body state power or by a local self-government body of decisions on the seizure for state or municipal needs of the land plot on which this apartment building is located, and on the seizure of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or municipality(Clause 2, Article 169 of the LC RF).
Paragraph 8 of Art. 170 of the Housing Code of the Russian Federation establishes that the law of the constituent entity of the Russian Federation may establish a minimum amount of capital repairs funds in relation to apartment buildings, the owners of premises in which form these funds on special accounts. The owners of premises in an apartment building have the right to set the amount of the overhaul fund for their home in an amount greater than the established minimum amount of the overhaul fund. Upon reaching minimum size overhaul fund, owners of premises in an apartment building at a general meeting of such owners have the right to decide on the suspension of the obligation to pay contributions for capital repairs, with the exception of owners who are in arrears in paying these contributions.
Moreover, on April 12, 2016, the Constitutional Court of the Russian Federation in the Decree on contributions for overhaul (Decree on the case of checking the constitutionality of part 1 of article 169, parts 4 and 7 of article 170 and part 4 of article 179 of the LC RF) recognized the contributions for major repairs established by the Housing Code as legal, consistent with the Constitution of the Russian Federation, stating that the right of ownership includes taking care of common property and the safety of an apartment building. The decision of the Constitutional Court of the Russian Federation has direct effect, is not subject to revision and cannot be appealed, that is, contributions for major repairs will have to be paid and the state's decision on this matter is final.
In particular, the Decree states that the order of major repairs in houses should be objective and transparent. Residents who do not agree with the decisions of local authorities on this issue can challenge these decisions in court, which was done by the applicant N.V. Bezugly in the Supreme Court of the Russian Federation on 04.06.2014 (the applicant filed a claim to challenge the Law of the Belgorod Region dated 01.31.2013 “On the Creation of a System for Financing the Capital Repair of Common Property in Apartment Buildings in the Belgorod Region”, deeming it contrary to the Civil Code of the Russian Federation), considering that he illegally imposes on the owners the obligation to pay contributions for major repairs.
However, the Supreme Court of the Russian Federation, in its Ruling N A-57-APG14-2, completely denied this requirement, in particular pointing out that the obligation to pay the costs of major repairs of an apartment building applies to all owners of premises in this house from the moment the right of ownership arises to the premises in this house. Thus, the contested Law does not violate the rights and legitimate interests of the applicant, since the obligation of the owners of premises of apartment buildings to pay contributions for major repairs is not established.
Based on the foregoing, the overhaul payment is currently mandatory (references to exceptions are provided in Article 169 of the LC RF).
Under current laws, people who own residential real estate that is part of apartment buildings must pay considerable amounts from month to month for the overhaul of the area that is considered common property. In particular, regular repairs of the facade, roof, and entrances should be carried out with this money. In practice, such work has to wait for years. This encourages many to ignore capital repairs. Each new payment in this case comes more than the previous one, since management companies charge special interest on overdue payments. They are called "penalties for overhaul."
Controversy and laws
To this day, the overhaul of territories that are in common ownership of all the owners of the house causes a lot of controversy. How legitimate is it to mandatory collect money from all those who own property in a high-rise building? How correct is it to charge 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 management companies in our country have accumulated decent millions, sent to the bank and bringing benefits in the form of interest that each "manager" puts in his pocket without benefit for the tenants who paid the money.
But not paying on time is fraught with danger. According to a special formula, a penalty for overhaul is calculated. From month to month, the bills grow and grow, until the numbers in them begin to frighten even those who are used to dealing with debts. In this situation, people are trying to figure out whether the penalty for overhaul was charged correctly, whether the court can come to their aid, and also how to reduce debt without parting with a huge amount of money. Unfortunately, the legislation has not yet been worked out thoroughly enough, 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 a house, collect money from the owners on a monthly basis, and then spend it on major measures to maintain the building in good condition, was adopted back in 2012. It follows from the document that from that moment on, the owners are responsible for maintaining the building and repairing it as needed. By virtue of legislative act joined on the first day of 2014. And immediately from all other bills for housing and communal services, the overhaul stood out in large sums.
According to the law, such repairs are carried out according to the following scheme:
- every month, the owners pay some amounts that are collected by the fund responsible for this;
- The foundation is using the money raised to renovate the building.
The organization of work is implemented through a regional tender, during which any organization with suitable capacities and qualifications expresses 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, implements all the indicated works on communications inside the house and on the territory related to this house. In this way, you can put, for example, metering devices for spending resources on the structure. The fund withdraws money from the amount paid by the owners and settles with the contractor.
The overhaul contributions paid by the owners of the territories in a residential building are accumulated in the fund of the nominal 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 operate only in their region.
How to pay?
The money collected for major repairs is paid through the operator of a particular region. The terms of payment are regulated by regulations adopted at the territorial formation. The documentation also tells how exactly you need to pay. At the same time, the money is paid "month by month". This means that in January invoices for January will arrive, in February - for February, and so on.
In some regions, the authorities have established that the payment deadline is before the 10th of the next month. This scheme is familiar to everyone, since it has long been customary to pay for other utility bills. As a result, the bills that came, for example, for January, the owner must pay off no later than February 10. If this does not happen, there is a debt for overhaul.
Through 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 away. In a word, the system is similar to the one that pays for the usual services: water, gas, heat. You can pay both through special cash desks, and through a bank or post office. The easiest option is to use Personal Area online version of your bank. True, you need to carefully enter the details so that the payment goes to the right place.
The following factors determine how much the owner sees on the receipt:
- the area of housing in the property;
- regional tariff;
- the presence of debt.
In many regions, the tariff is about five rubles per square meter. The FKR of the region can provide accurate information at any time. Specialists are obliged to clearly explain to everyone what the base 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 benefit the owner will receive from it.
And when to pay less?
- reduced rate;
- compensation of part of the paid;
- exemption from payments.
The local municipality is engaged in establishing the categories of residents who are entitled to it. Officials also determine how large the indulgence will be for certain individuals.
What if you don't pay?
If a citizen who owns property in high-rise building, does not want or cannot pay for major repairs on time, then he is fined. This issue is regulated by the 155th article of the Housing Code, which is in force on the territory of our country. It follows from it that a person who has overdue payments must pay off his debt in full, and in addition to it, also pay penalties for major repairs. How high the interest is set by the 14th part of this article. Penalty and interest are different concepts, which in this specific case are often equated to each other, since we are talking about charges applied to a person in debt.
But from an official point of view, there is no penalty for overhaul at all, as well as penalties associated with late payments. The FCR refers to this money as reserves, taken to replenish the fund's reserves. That is, this additional money, as well as the contributions required by law, go to the "common pot" for use during major repairs. This complexity of terminology leads to the fact that many are convinced that the penalties for overhaul are illegal and do not need to be paid. In practice, the complexity of applying official terms excludes the possibility of avoiding paying off debts: you still have to pay, whatever you call it, because additional charges are called “penalties” only among the people and are fully consistent with the law.
How much to pay penalties?
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 the bills;
- paid the amount in full, but not on time;
- paid nothing on the bills for the overhaul.
Any of the options involves a violation of the order established by laws and leads to the collection of extra money. The calculation of the amount of the fine is carried out according to the formula:
P \u003d Week x StrRef: 300
Ned is the amount that the fund did not receive from the owner. StrRef is the refinancing rate introduced by the Central Bank of the country. There is a possibility 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 issue of the current account.
What to do?
If a certain owner has received a notice and it follows from the official paper that he violated the procedure for paying contributions for capital repairs, which leads to the collection of additional amounts, he can calculate for himself 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 broke the law, or the paper came by mistake.
It all starts with finding out the standards that are fair for a particular region. So, contact the fund of the region to find out what are the terms for payment. Next, specify on which specific day you paid off the received 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 deadline, you need to calculate how big the difference in time in days is. In this case, the first day is not the day when the amount must be paid, but the day following it. For example, if the region has a payment deadline of the 10th of the next month, then the first day of delay is the 11th. 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 all considered to be arrears and takes the place of the “Ned” variable in the above formula. If part of the amount on the account was sent to the recipient before the desired day, and part after, then the second value is used as the arrears, that is, sent with a delay.
The notice of late payment contains the date. On the website of the Central Bank, specify at that moment how high the refinancing rate was. So, all the information is available, so the numbers can be substituted into the formula indicated earlier. The results of the calculations must be compared with the figure that is in the notification. If there is a discrepancy, you must contact the fund of the region and demand an explanation.
To pay or not to pay?
Capital repairs, contributions to it, penalties associated with late payment of amounts - topic huge amount conflicts between individuals and management companies. Obviously, many in search of justice turn to the courts, so in just three years a decent practice has already accumulated.
The main arguments in favor of not paying on receipts:
- The tax code does not contain a requirement to pay contributions for major repairs.
- The Tax Code does not mention penalties, delays, additional charges associated with non-payment of payments for overhaul.
- The laws of the country do not contain any mention of paying for unfulfilled utilities.
Since management companies and funds collect money for capital repairs just like that, but cannot provide either an act of work performed or an estimate confirming that the repair has been carried out, people who do not want to pay according to receipts refuse to contribute money.
And it's still unclear
Last year, the 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, legal, and everyone is obliged to pay them. In April of the same year, the court approved the fact that the collection of funds from the owners was justified. Additionally, the supreme authority clarified that the owners are not required to give money to special third-party funds, they can accumulate funds themselves and carry out repairs on them when it turns out to be necessary.
Residents of each apartment building are given a certain time period during which they must decide whether they will collect funds themselves or entrust this to a centralized organization responsible to the municipality. If the fund requires the payment of money without first obtaining consent from the population, then you can go to court. The claim must come directly from the owners affected by such illegal practices. By a court decision, residents can start a centralized collection of money among themselves without using the reserves of the 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 that are currently valid in the country, it becomes clear that contributions for capital repairs must be paid without fail. This, in turn, means that the collection of amounts in case of delay is an absolutely legal process. If a persistent defaulter brought the situation to the point that he was approached on this issue in the court of law, the owner will be recognized as wrong and obliged to pay the entire amount, including interest, as well as pay legal costs.
How to pay less?
Since it is not possible to completely eliminate capital repairs contributions, another question arises: how can you save money? Known legal ways to reduce the amount required from people in the regional funds. We are talking about various benefits that operate in a particular region.
Regional laws precisely determine which categories of citizens can count on concessions in the calculation of utility bills, including major repairs. To find out who is eligible for 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 children with disabilities;
- single parents;
- victims of industrial accidents.
And who else pays not the full amount?
In some regions, special conditions are also established for:
- teachers;
- military;
- workers involved in agriculture.
If the owner has the right to concessions, but does not receive any, he needs to contact the specialists of the regional fund. As a rule, you will have to carry a document with you, indicating that the person actually belongs to the number of beneficiaries.
Special occasions
Very often, contributions for major repairs are not round sums, since a lot depends on the area of \u200b\u200bthe dwelling. But in practice, people try to pay money by rounding it up. For example: 376 rubles are charged, but a person pays 380, and does not even think about whether this is correct. How often do the townsfolk respond: "Just 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 tenants of an apartment building, the amount that they will pay monthly to management company and further regional fund. In the event that such a meeting decided that with a regional standard of 376 rubles, it is in their house that people will pay 380 rubles each, then the fund has the right to collect such payments. If this did not happen, then public utilities can take exactly as much as is prescribed in the average for the region.
federal benefits
In 2016, the legislation regarding contributions for major repairs has undergone changes regarding the category of beneficiaries. If earlier it was possible to get relief only from the regional authorities, now these are also provided by the federal authorities and apply to all regions. So, you can count on special conditions:
- people who have confirmed disability of the first, second group;
- families raising disabled people;
- owners who have crossed the 80-year mark may not pay anything at all;
- owners aged 70 and over pay only half of the contributions.
Despite the fact that the payment of contributions for major repairs has been the usual responsibility of the owners of apartments in MKD for several years, there are many questions in this area for each of the parties. In the article, we will explain why these contributions are mandatory for the majority and who may not pay them, where the collected funds are spent and how the amount of payment is determined. It will be useful for the management company to find out what to do in a situation where repairs need to be carried out, but there is no money for it.
At the end of 2012, FZ-271 was adopted, which shifted the obligations for the overhaul of MKD from the housing and communal services fund to apartment owners. This was a logical and expected step, since after privatization citizens became owners of housing and received the right to dispose of it at their discretion. In such a situation, all elements of apartment buildings should also be repaired at the expense of the residents themselves.
Why is a maintenance fee charged?
Fixed monthly contributions for overhaul in receipts in Moscow and other cities appeared in 2014. The collected funds are accumulated at regional operators or on special accounts that they can create for themselves apartment buildings. This money is spent on a strictly defined list of works related to restoration:
- facade;
- basements;
- elevators;
- foundation and roof;
- pipelines and other communications;
- public meters.
Worn elements of MKD are repaired, restored or replaced. It all depends on their condition and conditions for construction and installation work.
There are no other sources of funds for the renovation of multi-storey buildings. The state has ceased to be the owner of most of the residential premises in the country, so it has resigned itself from the obligation to maintain them in good condition.
Who has the right not to pay
Despite the fact that in Russia there remains a small percentage of people who do not agree to pay contributions for major repairs, this item of expenditure for residents of MKD has long been mandatory. At the same time, the LC RF provides for several categories of citizens who are exempt from such payments:
- homeowners in emergency houses;
- tenants of new buildings in the first years of operation of the building;
- tenants of apartments remaining in municipal ownership (contributions are assigned to the municipality);
- residents of houses with less than 3 apartments;
- citizens living alone over 80 years of age.
The question of who is exempt from contributions for capital repairs is in many cases decided at the regional level. federal law allows subjects to cancel or reduce this fee for different categories of citizens, and it is already decided on the ground whether to exercise this right or not. This explains the unevenness of benefits for paying for major repairs across the country.
Some owners are not satisfied with the delayed nature of the overhaul. Another article from our magazine describes an example of an HOA that does not accumulate money for major repairs, but spends it immediately on credit funds. In the future, the loan is repaid by regular contributions from tenants. This case can be viewed at the link.
Constitutional court decision
There is a myth among a part of the population that contributions for overhaul can not be paid, and there is a corresponding decision of the Constitutional Court for this. This statement is not true. Nevertheless, it will be interesting to disassemble the background of his appearance.
Spreaders of the myth rely on the definition of the Armed Forces of the Russian Federation No. 57-APG14-2 of 06/04/2014. It describes the decision on the process in which the plaintiff tried to challenge the law of the Belgorod region on the formation of a capital repair financing system.
The definition states that the law of the subject of the federation does not violate the rights of the claimant, since it does not oblige homeowners to pay for major repairs. This part of the document has been loosely interpreted to mean that there is no obligation to pay contributions.
The Supreme Court of the Russian Federation actually noted that regional legislation does not establish such an obligation. It should not and should not do this, because this obligation has already been enshrined at the federal level.