Maintenance of common property in a communal apartment. The theory of everything. Free online legal advice on all legal issues
[Housing Code of the Russian Federation] [Chapter 6] ✍ Read article comment1. The owners of rooms in a communal apartment bear the burden of the cost of maintaining the common property in this apartment. 2. The share of compulsory expenses for, the burden of which is borne by the owner of a room in a given apartment, is determined by the share in the common ownership of the common property in this apartment of the specified owner.
Legal advice under Art. 43 LCD RF
Overhaul of the common property of an apartment building, in accordance with Article 43 of the Housing Code of the Russian Federation, is carried out by decision of the general meeting of owners of premises. The decision is valid if more than 2/3 of the owners of the MKD premises voted for it.
The husband has the right to live, since you are the owner of the room. He is responsible for the maintenance of the property (room), for the payment of utility bills, for the maintenance of common property in the apartment on an equal basis with the owner. Made repairs...
you can sue to determine the procedure for using common areas Article 43. Maintenance of common property in a communal apartment 1. The owners of rooms in ...
At the last known address to the housing organization and the passport office, if there is information about where you left to look next. If you left the indicated place of residence, it is not known where, let them give a certificate, of course, all this is done upon request from the court.
Lydia Danilova
whether a resident of a communal apartment can bring guests. I would like to know about the housing code of the Russian Federation.
naturally ....
It all depends on the share of your living space in the apartment. If it is more than half, you make a decision if they are less. The only thing they need to prove is the need for repairs. After renovation, it will be difficult for them to do it. Play on this - everything was fine!
In accordance with regulatory enactments, personal accounts in Moscow are not divided now.
- Lawyer's answer:
Yes, he has such a right. 12. The owners of the premises have the right to independently perform actions for the maintenance and repair of common property, except for the actions specified in subparagraph "e (1)" of paragraph 11 of these Rules, or involve other persons to provide services and perform work on the maintenance and repair of common property ( further, respectively, services, works), taking into account the chosen method of managing an apartment building. All answers to your questions are set out in: Decree of the Government of the Russian Federation of 13.08.2006 N 491 (revised on 06.05.2011) "On approval of the Rules for the maintenance of common property in apartment building and the rules for changing the amount of payment for the maintenance and repair of residential premises in the event of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration "But the ban on the use of a gas stove, even if he didn’t buy it with his own money, it’s not legal. There was one, common plate. And there was only one, common plate.
- Lawyer's answer:
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He is a judge and a judge that he himself knows that they should not be violated. If you are not invited to the court as either a party or a third party, then they will not accept any application from you, you are not a party to the dispute, this does not concern you at all since you are your own ...
- Lawyer's answer:
Do you have a communal apartment? According to article 43 of the RF LC, the owners of rooms in a communal apartment bear the burden of the costs of maintaining common property in this apartment. Each participant in shared ownership is obliged, in proportion to his share, to participate in the payment of taxes, fees and other payments for common property, as well as in the costs of its maintenance and preservation (Article 249 of the Civil Code of the Russian Federation). Disputes between tenants in an apartment where several tenants live related to the distribution of the total cost of payment utilities, the procedure for using common areas is considered by the court. In this case, if the owners cannot agree on bearing the burden of costs, their dispute is resolved in court. Keep the receipts for the payment of housing and communal services, so that later you can prove in court that you paid for them and that the debts of other owners did not "hang" on you.
- Lawyer's answer:
Article 43. Maintenance of common property in a communal apartment 1. The owners of rooms in a communal apartment bear the burden of the costs of maintaining common property in this apartment. The share of compulsory expenses for the maintenance of common property in a communal apartment, the burden of which is borne by the owner of the room in this apartment, is determined by the share in the common ownership of the common property in this apartment by the specified owner. (Excerpt from LCD). - We'll have to throw off ... Now, if your water supply riser "covered" - this is the common (collective) property of an apartment building, you are obliged to replace it free of charge, and, in theory, apologize for not being overlooked in time ... Article 67. Rights and the obligations of the tenant of the residential premises under the social tenancy agreement 1. The tenant of the residential premises under the social tenancy agreement has the right in the prescribed manner: 1) to move other persons into the occupied residential premises; 2) to sublet the residential premises; 3) to permit temporary residence in the residential premises. tenants; 4) exchange or replace the occupied dwelling; 5) require the landlord to timely carry out major repairs of the dwelling, proper participation in the maintenance of common property in an apartment building, as well as the provision of utilities. - this is about the repair of risers, drain pipes, etc. 2. A tenant of a dwelling under a social rental agreement, in addition to the rights specified in Part 1 of this Article, may have other rights provided for by this Code, other federal laws and a social rental agreement. 3. A tenant of a residential premises under a social rental agreement is obliged to: 1) use the residential premises for the intended purpose and within the limits established by this Code; 2) ensure the safety of the residential premises; 3) maintain the proper condition of the residential premises; 4) carry out current repairs of the residential premises; 5) timely pay for housing and utilities; etc. - Regarding your case - subparagraphs 2,3,4 in the section of responsibilities ...
- Lawyer's answer:
How to recognize a spouse as missing and what's the point? To do this, you need to go to court, but not with a claim, but in a special procedure, with an application for recognizing the citizen as missing due to the unknown place of his stay for more than one year. The application must indicate why you need to recognize him as missing - for example, for divorce and for the adoption of a child by a new husband. It is necessary to state the circumstances that confirm his absence. You can ask the court to consider the case even without you being present at the hearing. The court's decision will be the basis for divorce not in court, but in the registry office in accordance with Article 19 of the Family Code of the Russian Federation. After receiving a certificate from the registry office that the marriage has been dissolved, you can marry again. Then the legal new husband must apply to the court, also in a special procedure, for the adoption of your child. As for the father's consent to adoption, it is in this case not required, since the parent is recognized by the court as missing (. Article 130 of the Family Code states: The consent of the child's parents for his adoption is not required if they are: unknown or recognized by the court as missing; recognized by the court as incompetent; deprived of parental rights by the court (subject to the requirements Clause 6 of Article 71 of this Code); for reasons recognized by the court as disrespectful, they do not live with the child for more than six months and evade his upbringing and maintenance. Note: Clause 6 of Article 71 determines the terms of adoption of a child in case of deprivation of parents (one of them) parental rights6 it is allowed not earlier than six months from the date of the court decision on deprivation of parents (one of them) of parental rights.
at night, turn on the music, leaning the speakers against its wall, removing all frequencies except for the bass and superbass - the bass is not localized, the sound is not heard - 2 - 3 weeks and the apartment may become separate
- Lawyer's answer:
Housing Code. Satya 41. 1. The owners of rooms in a communal apartment own, on the basis of common shared ownership, premises in this apartment, which are used to service more than one room (hereinafter referred to as common property in a communal apartment). 2. Changing the size of the common property in a communal apartment is possible only with the consent of all the owners of the rooms in this apartment by means of its reconstruction and (or) redevelopment. Article 42. 1. The share in the right of common ownership of common property in a communal apartment of the owner of a room in this apartment is proportional to the size of the total area of \u200b\u200bthe said room. 2. The share in the common ownership right to the common property in the apartment building of the owner of the room in the communal apartment located in the given building is proportional to the sum of the total area of \u200b\u200bthe said room and determined in accordance with the share in the common ownership right to the common property in the communal apartment of this owner of the area premises that make up the common property in this apartment. 3. The share in the common ownership right to the common property in the communal apartment of the owner of the room in this apartment follows the fate of the ownership right to the said room. 4. When the ownership of a room in a communal apartment is transferred, the share in the common ownership of the common property in this apartment of the new owner of such a room is equal to the share in the common ownership of the said common property of the previous owner of such a room. 5. The owner of a room in a communal apartment is not entitled to: 1) carry out the allocation in kind of his share in the right of common ownership of the common property in this apartment; 2) alienate his share in the right of common ownership of common property in this apartment, as well as perform other actions entailing the transfer of this share separately from the ownership of the specified room. 6. When selling a room in a communal apartment, the rest of the owners of the rooms in this communal apartment have the preemptive right to purchase the alienated room in the manner and under the conditions established by the Civil Code Russian Federation... * 42.6) Article 43. Maintenance of common property in a communal apartment 1. The owners of rooms in a communal apartment bear the burden of maintaining the common property in this apartment. 2. The share of compulsory expenses for the maintenance of common property in a communal apartment, the burden of which is borne by the owner of the room in this apartment, is determined by the share in the common ownership of the common property in this apartment by the specified owner. "In general, if you mean by" dividing "the definition of who owns what specifically, then you cannot divide anything by area, because you all do not own a PART (SHARE) OF THE PROPERTY, BUT PART IN THE RIGHT OF COMMON SHARED PROPERTY - T. F. PART (SHARE) OF THE RIGHT. You can only share the costs of maintaining your common property in proportion to the area of \u200b\u200bthe rooms you own, if there is an acute conflict, you can even through the court oblige, for example, your full name to provide another full name with access to the premises (for example, to the toilet, and not And if you can't agree at all, sell your room and buy another one, but this is so, as a last resort, and from another opera.
- Lawyer's answer:
In accordance with Part 1 of Art. 42 ZhK RF the share in the right of common ownership of common property in the communal apartment of the owner of the room in this apartment is proportional to the size of the total area of \u200b\u200bthe specified room. Look at your payment - everything is indicated and calculated there. The neighbor is right. You do not have the right to force all common areas with your furniture. In accordance with Art. 247 of the Civil Code of the Russian Federation, the procedure for use is determined by agreement of the parties, if no agreement is reached by the court. The court will "hang your lockers and arrange furniture in the apartment." Lawyer L.V. Efimova
Apply to the court at the place of residence to recognize the person as dead (or absent for a long time). Take the testimony of neighbors, ZHEKA and all possible references and evidence). Then check out the apartment and privatize.
- Lawyer's answer:
the time when you can not make noise are usually regulated by the laws of the subjects of the Russian Federation. There is no responsibility for noise in the daytime. If you want to be held liable for the noise, then only in civil proceedings. In this case, it will be necessary to prove that material and moral damage was caused precisely because of the noise produced by the repair. At the same time, one must try to be a law-abiding citizen, because if a district police officer comes to the complaint of neighbors, as a preventive measure he can write out a fine for something else.
- Lawyer's answer:
Housing Code Article 41. Ownership of the common property of the owners of rooms in a communal apartment Determination of shares in the right of common ownership of common property in a communal apartment Maintenance of common property in a communal apartment 1. The owners of rooms in a communal apartment bear the burden of expenses for the maintenance of common property in this apartment .2. The share of compulsory expenses for the maintenance of common property in a communal apartment, the burden of which is borne by the owner of the room in this apartment, is determined by the share in the common ownership of the common property in this apartment by the specified owner.
- Lawyer's answer:
Submit a claim to the court to determine the order of using the MOP, especially since you, as follows from the text, have two rooms in your property. Shares in the right of common ownership of common property in a communal apartment cannot be literally associated with the areas of the MNP and the possibility of using such areas by a specific owner in violation of the interests of another owner. At the same time, the possibility of using the premises of the MNP (without disturbing the interests of another owner according to SNIP, for example, in the development of Article 42 of the RF LC should be made taking into account the shares of the owners). In other words, with the hypothetical presence of three cabinets that can occupy the area of \u200b\u200bthe MOS, but without disrupting the passage of the room owners, the owner of two rooms has the right to put two cabinets, and one, the owner of a small room.
- Lawyer's answer:
1) Such issues with another shareholder in the apartment must be discussed in advance and all costs must be agreed, preferably in writing and with an estimate of costs. Why do everything the other way around and then make claims to someone ??? ? 2) The second owner has no right to put up her share without your consent, YOU have the right of pre-emptive purchase. And is there an agreement on the division of shares ????
- Lawyer's answer:
Weird question! The RF LC determines the amount of space as follows: Article 41. The right of ownership of the common property of the owners of rooms in a communal apartment 1. The owners of rooms in a communal apartment own, on the basis of common shared ownership, premises in this apartment, which are used to service more than one room (hereinafter - common property in a communal apartment) 2. Changing the size of the common property in a communal apartment is possible only with the consent of all the owners of the rooms in this apartment by means of its reconstruction and (or) redevelopment. Article 42. Determination of shares in the right of common ownership of common property in a communal apartment 1. Share in the common ownership of the common property in the communal apartment of the owner of the room in this apartment is proportional to the size of the total area of \u200b\u200bthe specified room. 2. The share in the common ownership right to the common property in the apartment building of the owner of the room in the communal apartment located in this building is proportional to the sum of the total area of \u200b\u200bthe said room and determined in accordance with the share in the common ownership right to the common property in the communal apartment of this owner of the area of \u200b\u200bthe premises, making up the common property in this apartment. 3. The share in the common property right to the common property in the communal apartment of the owner of the room in this apartment follows the fate of the ownership right to the said room. 4. When the ownership of a room in a communal apartment is transferred, the share in the common ownership of the common property in this apartment of the new owner of such a room is equal to the share in the common ownership of the said common property of the previous owner of such a room. 5. The owner of a room in a communal apartment is not entitled to: 1) carry out the allocation in kind of his share in the right of common ownership of common property in this apartment; 2) alienate his share in the right of common ownership of common property in this apartment, as well as perform other actions entailing for itself the transfer of this share separately from the ownership of the specified room. 6. When a room is sold in a communal apartment, the rest of the owners of the rooms in this communal apartment have the preemptive right to purchase the alienated room in the manner and under the conditions established by the Civil Code of the Russian Federation. Article 43. Maintenance of common property in a communal apartment 1. The owners of rooms in a communal apartment bear the burden expenses for the maintenance of common property in this apartment. 2. The share of compulsory expenses for the maintenance of common property in a communal apartment, the burden of which is borne by the owner of the room in this apartment, is determined by the share in the common ownership of the common property in this apartment of the specified owner. meters will not be determined by anyone, for the simple reason that then a lot of people will be added in turn: -) If you have a social employment contract, then the owner of the room and the share in the right to common areas remains the municipality or the subject of the Russian Federation, but you, as a resident under the social contract hiring, have the right to use common areas in the apartment.
- Lawyer's answer:
Article 40. Marriage contract A marriage contract is an agreement between persons entering into marriage, or an agreement between spouses, which determines the property rights and obligations of spouses in marriage and (or) in the event of its dissolution. Article 41. Conclusion of a marriage contract 1. A marriage contract may be concluded as before the state registration of marriage, and at any time during the marriage. A marriage contract concluded before the state registration of marriage, comes into force from the date of state registration of marriage. 2. The marriage contract is concluded in writing and is subject to notarization. Article 42. Content of the marriage contract 1. By the marriage contract, the spouse has the right to change statutory the regime of joint ownership (Article 34 of this Code), to establish a regime of joint, shared or separate ownership of all property of the spouses, for its individual types or for the property of each of the spouses. A marriage contract may be concluded both in relation to existing and in relation to future property spouses. Spouses have the right to define in the marriage contract their rights and obligations for mutual maintenance, methods of participation in each other's income, the procedure for each of them to bear family expenses; determine the property that will be transferred to each of the spouses in case of divorce, as well as include in the marriage contract any other provisions concerning the property relations of the spouses. 2. The rights and obligations stipulated by the marriage contract may be limited to certain periods or be made dependent on the occurrence or non-occurrence of certain conditions. 3. A marriage contract cannot limit the legal capacity or capacity of the spouses, their right to go to court to protect their rights; regulate personal non-property relations between spouses, the rights and obligations of spouses in relation to children; include provisions limiting the right of a disabled needy spouse to receive maintenance; contain other conditions that put one of the spouses in an extremely unfavorable position or contradict the basic principles of family law. Article 43. Amendment and termination of a marriage contract 1. A marriage contract can be changed or terminated at any time by agreement of the spouses. An agreement to amend or terminate a marriage contract is made in the same form as the marriage contract itself. Unilateral refusal to fulfill the marriage contract is not allowed. 2. At the request of one of the spouses, the marriage contract may be changed or terminated by a court decision on the grounds and in the manner established by the Civil Code of the Russian Federation for amendment and termination of the contract. 3. The marriage contract is terminated from the moment of termination of the marriage (Article 25 of this Code), except for those obligations that are provided for by the marriage contract for the period after the termination of the marriage. the grounds provided by the Civil Code of the Russian Federation for the invalidity of transactions. 2. The court may also declare a marriage contract invalid in whole or in part at the request of one of the spouses if the terms of the contract put that spouse in an extremely disadvantageous position. The terms of the marriage contract that violate other requirements of paragraph 3 of Article 42 of this Code are void.
Pavel Kirenkov
The landlord's consent to the use of common areas in the apartment. Help solve the problem: Sergeeva A, A. - the owner of 2 rooms in a 4-room communal apartment, rents these rooms to the Plotnikov family. Another family lives in the other two rooms - the Malyavins, under a social contract. That is, the owner of these rooms is the municipality. Now the Malyavins have applied to the court with a claim to evict the Plotnikovs. The Malyavins claim that the Plotnikovs illegally use common areas in the apartment. Although Sergeeva, the owner of 2 rooms in this apartment, officially signed a lease agreement with them and registered them in her apartment. Question: are the Malyavins right? Is Sergeeva really necessary to take from the owner of the other two rooms, i.e. Does the municipality agree that it does not object to the Plotnikovs' tenants using common areas?
Jacob Lomanko
Anton Shipunov
neighbors in a communal apartment
Ekaterina Golubeva
Repair in a communal apartment, who pays how much?
Lydia Konovalova
Urgent feedback to all about the adopted law on paid education, I am shocked what is going on, where we are going and what will happen to the children
Vera Komarova
Where to go? The person has been absent since 1994 ... in sight, hides the place of stay ... we ask the judge to send inquiries to the authorities that have information: was he undergoing compulsory treatment, was he in prison, and whether he was abroad. What are the actual ORGANS?
Eduard Khluzov
Tell me who can guarantee the purity of the transaction (buying and selling an apartment)?
Antonina Borisova
Neighbors. in a communal apartment, they started repairing the MOS without informing me. And they're trying to bill me. What to do? (is it legal) if there is a link to the article. Thank you!
Galina Anisimova
The question is in the field of the Housing Code. The apartment is privatized, 4 equal shares, but the shares themselves are not determined. 4 adults are registered, about 20 square meters each. One of the rooms is 20m. Is it possible to make a "communal apartment" and one of the registered ones to live in this room? ".... a young man lives in such an apartment ... and he brought his girlfriend there (she is registered at a different address) .. his relatives are disrespectful to both of them and will tell them at any time of the day or night to get into the room without knocking, etc. . the lock on the door cannot be installed, because They broke it out. I really want to isolate myself from the rest of the registered ones. And do it grammatically, according to the law. In addition, you need to split the bill for two, because the person in whose name the utility bills come often does not pay them .. and has debts. I do not want to "sit without light" because of this, but there is an opportunity to pay the bill if it is broken.
Valeria Danilova
the procedure for using the rooms is determined by the court, the MNP - in general use - has the right to one owner without the consent of the second. to replace the gas stove in the kitchen? he not only threw out the old one without consent, but also on his new one does not allow the second owner to cook
Ivan Safyanov
common areas in a communal apartment. Dear, tell me, what rules of law can be referred to in the statement of claim on determining the procedure for using common areas in a communal apartment?
Artem Malakhovtsev
in 4 rooms sq. 3 owners, all are not relatives. Personal account is not divided. (++. Everyone pays for himself separately (not according to the general receipt, which naturally comes-1 for all) But, if someone suddenly stops paying for the apartment, then the debt will be distributed to everyone So?
Olesya Ivanova
in a communal apartment el, the wiring is terrible !. Should the housing office replace it for us, or should we change it at our own expense?
Anatoly Letkovsky
what documents are required for one of the spouses to be recognized as missing?
Inna Shestakova
A neighbor in a communal apartment does not clean up after herself ..
Vladimir Frunze
Help ... we need articles and laws. I live in a communal apartment, how to divide non-residential areas (box, kitchen, toilet, pantry)
Irina Romanova
How public space is divided in communes apartment ?. Please tell me on what principle the territory is divided in public places? The neighbor claims, strictly in proportion to the occupied living space, i.e. - If her room is larger, then she (accordingly) pays for a large area of \u200b\u200bpublic places (kitchen, bathroom, corridors). ? Or by the number of registered people? Are there any rules regulating such relations for communal apartments? And where to find them? Thanks in advance for your reply.
Zhanna Stepanova
The man has been dead for 5 years, but is still registered in the apartment block, and is a tenant .. Mother divorced 20 years ago, but father was registered with us. She married her husband, gave birth to a sister. In 2002. they called from the Department of Internal Affairs and said: "Your husband was killed by drunkenness, come for identification." - normally they have not seen each other for 20 years. In short, his mother did not go anywhere, firstly she was not in Moscow, and secondly he has a mother and sister. Now the time has come when it is necessary to privatize the apartment, and it was then that we faced numerous problems. I personally came to the registry office t. To his daughter and wanted to take a certificate of death. I was told that there is no data on the death of this person. I went to the registry office at his mother's place of residence. There I was generally told that since there is no data, he is alive. I went to the morgue. There they refused to even look for me, they said that once they called me to the police, they gave me a certificate. I explained that that family was dysfunctional and everyone drank, most likely they did not need a certificate, since they were buried as it turned out at the expense of the State Service of the Russian Federation. I was sent to the police in the area where he lived. Numerous questions began in the police: where did they bring them from? Where was the murder committed? and. etc. In short, in the end they said that probably this case is no longer there, a lot of time has passed. TODAY I went to the district police officer to our district, the joke is that he told me: "I can't do anything, go to the registry office or to the department where the crime was committed", OK ???? Some kind of vicious circle.
Lydia Andreeva
Please tell me what time it is possible to make home renovations? Neighbors tortured, knocking constantly !. I mean, we are doing repairs, at 4 o'clock in the afternoon they knock on us so that we stop, I decided to consult
Vera Timofeeva
please, tell me, what are the rights and standards for the use of the total area in a communal apartment ?. In what law is it spelled out in detail about living in a communal apartment?
Peter Buzdyrin
Please tell me how the common areas in a privatized communal apartment are divided? (The problem is inside). there are two owners in a three-room apartment. One owner owns two rooms and the other has one (small). Question: How are common areas shared? ? The fact is that the neighbors claim to be half ... They studied the laws - it seems to say that the MOS are divided by the number of occupied living space ...
Yakov Naftulyev
Tell me the article of the RF ZhK ... Which article can be referred to for drawing up a statement of claim to improve the layout of housing. Owned apartment. She has 2 owners (in equal shares since the beginning of the agreement on equity participation in the construction of a house). Made by 1 owner in the rough finish repair. He wants to present to another, so that the other owner will pay for half (improvement of housing planning), and that owner put it up for sale .... Which article should I refer to?
Alexey Letuchev
How many public meters are required? How many meters of the common area of \u200b\u200bresidents of a communal apartment are there per person (or per meter of their premises rented under a social lease)? It is necessary to support the answer with a document. ... adopted Russian Legislation... Thank you in advance!!!
Arthur Rokotov
Family division of property .. The situation is as follows: My wife and I sold her personal apartment, acquired by her before marriage. And we are going to build a house, everything is made out for her. However, the construction will be carried out at the expense of joint funds, approximately in half. We have a child. Questions: 1. in case of divorce, this house is to be divided as joint property in half, despite the fact that everything is registered on it ?? ? 2. How to insure yourself when building a house so that you don't end up with anything during the division of property? ? 3. Does the child have the right to a share of the home ownership under construction in this case if the division of property takes place, after construction? 4. over the past 3-4 years have there been any changes in civil, housing and family legislation regarding these issues? ? Thank you in advance!! ! If possible the answer is more detailed.
According to Art. 41 LCD of the Russian Federation, the owner, in addition to the room operated for the purpose of staying in a communal apartment, is the owner of a share for the operation of joint property listed in shared ownership. In this case, the area of \u200b\u200bthe part for the common property in a communal apartment is calculated strictly taking into account the square of the property that belongs to the owner. The calculation of the size of the share is in accordance with the legislative procedure. Therefore, each of the participants in the legal relationship bears the burden of properly maintaining the premises in the communal apartment, which are listed in the status of shared ownership.
Maintenance of living quarters in a communal apartment
The cohabitation of several persons in one communal apartment can be the cause of numerous conflicts that arise on various grounds. In most cases, the use of the common infrastructure determines disputes. Unfortunately, such situations can last for more than a decade, thereby complicating the life of the owners. This is due to the fact that not all owners of premises (rooms) for residential purposes have an idea of legislative framework, which regulates living together in such objects.
The maintenance of living space in a communal apartment is regulated by the regulatory principles of the RF Housing Code, namely, Art. 43. This legal provision states that in the existence of shared ownership, all owners of rooms are obliged to pay taxes and utility bills. In addition, the owner is obliged to pay the additional financial costs required to maintain an acceptable condition for life in a communal-type apartment, but their calculation is determined by the size of the share taken out of the common property.
The burden of maintaining common property
LCD implies a mandatory nature for all owners to bear the burden of maintaining acceptable conditions in shared property in an apartment building. Such a burden is expressed in material form, in other words, all of the owners of the premises must pay for services, which are calculated for the common property in a communal apartment.
The amount of all necessary contributions is calculated in proportion to the share of living rooms in communal apartments owned by the owner and premises that are in joint shared use.
However, here it is necessary to distinguish between cases when a fee is charged for maintaining the premises in a condition suitable for people to stay in a communal apartment from the facts when the property is listed in common shared ownership.
The first option implies that all owners of premises are recognized as equity holders of a single object, therefore they jointly participate in ensuring the proper condition of the apartment. In the case of communal apartments, each of the owners is a separate owner of the living room, in other words, he himself imposes the burden of their maintenance.
Simply put, if one participant is the owner in a two-room apartment of a communal plan of premises of 20 sq. m, and another person - rooms of 10 square meters, then the shares are distributed as follows:
- the first owner has a 2/3 share;
- the second owner, respectively, 1/3 of the share.
Thus, relying on the legislation of the Russian Federation, a burden is imposed on each of these two room owners in proportion to 2/3 and 1/3 of the share in a communal apartment.
Burden of expenses for maintaining the common property of a communal apartment
The common property of the owners of rooms in a communal apartment is determined on the basis of a Government decree, which was issued on July 30, 2004. These objects include:
- kitchen area;
- sanitary rooms;
- utility rooms and other premises;
- corridors;
- engineering equipment and communication networks.
In this case, the use of joint property implies the formation of both the rights and obligations of all owners of premises. This also creates a burden of additional costs for maintaining common property in a communal apartment. In this case, the amount of financial costs, if the use of common property in a communal apartment is observed, is calculated as the price of services or repairs, which is multiplied by the size of the occupied living space.
Grounds for payment of utilities
The procedure for paying for utilities in a communal apartment is calculated on the basis of the principle of maintaining joint property. The board distribution mechanism can occur in two ways:
- by agreement between the owners of the rooms;
- without agreement between the owners of the premises.
Payment of utilities in a communal apartment and calculation of costs through an agreement implies a certain procedure for the operation of joint property. For example, if a telephony facility is installed on the territory of a communal apartment, which can be operated collectively, then the service costs are distributed among all participants evenly in accordance with the concluded agreement. This principle also applies to the heating and gasification system of the room.
If the operation of common property in a communal apartment does not imply the conclusion of an agreement between the owners of the rooms, then the payment of utilities and its calculation involves the following procedure:
- Payment for power supply, if common house meters are provided on the territory of a communal apartment, is calculated taking into account the power of installed electrical appliances and lighting devices for all room owners.
- The costs of telephony services for collective use are allocated taking into account the number of residents of all premises who operate the device. In this case, payment in roaming is carried out separately.
- If heating devices are installed, then the calculation of utilities takes place taking into account the area of \u200b\u200bthe premises where they are installed.
- Gas charges are distributed to all residents of a communal apartment, regardless of their age.
Each owner of a dwelling is responsible for the timely payment of utility bills, including for the collective property of homeowners in a communal apartment. If the owner of the living space is away, that is, he is not a consumer of utilities at the moment, then the legislation of the Russian Federation provides for compensation.
Problems related to the maintenance of common property
The common property of the owners of premises in a communal apartment may become the subject of contention between the participants in legal relations. Conflict situations in such cases are resolved only in court, which is provided by the legislative order.
According to a court decision, a certain contract is drawn up between the owners, which is aimed at a fair distribution of costs. At the same time, the fact of using certain resources is taken into account, the volume of which is recorded by metering devices installed in a communal apartment. If there are no meters, then the court can take unit costs as a basis for calculating payments, which are calculated individually for each utility resource in accordance with consumption rates.
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Hello. I live in a 3-room apartment and am the owner of only one of them. The second owner owns the remaining two. The neighbor refuses to make repairs in the common areas, although they are already completely unusable. Mold on the walls in the bathroom, creepy walls and the bathroom itself. I propose to do it in half, although I understand that I am the owner of a smaller share. Is it possible to somehow influence her through a lawsuit. The situation brings not only the desire for the aesthetic appearance of the common premises, but also concerns for life and health, because mold, old wiring does not inspire confidence in safety.
Julia 06/24/2019 19:44
Engineering systems in a communal apartment
Good evening, I live in a communal apartment. We have 2 families and 2 bathrooms. They are separated by a wall and communications pass from the neighbor's side and they come to me through the sleeves in the wall. The neighbor is going to give his part in the communal apartment the status of an apartment in order to install meters for water supply and electricity and pay less for communal services as he believes. At the same time, he declares that I must conduct myself water supply communications on my own at my own expense, because when the meters are installed, he will cut me off (the pipes are on his side). How right is his actions?
Evgeny 11/22/2017 10:46 PM
Hello Eugene! Recognize a communal apartment. apartment is possible only after the permitted reconstruction or legalization of such reconstruction in court. Those. without judicial permission or permission of the authorities responsible for this type of activity, his actions are illegal and subject to both administrative and, in some cases, criminal liability.
Fedorova Lyubov Petrovna23.11.2017 15:48
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- Eviction of citizens from specialized residential premises
According to Part 1 of Art. 41 ZhK RF to the owners of rooms in a communal apartment, on the basis of the right of common shared ownership of premises in this apartment, used to service more than one room. Common areas in such apartments are: hallways, corridors, kitchens, closets, bathrooms, etc.
Changing the size of the common property in a communal apartment is possible only with the consent of all the owners of the rooms in this apartment by means of its reconstruction and (or) redevelopment (part 2 of article 41 of the RF LC).
The share in the right of common ownership of common property in the communal apartment of the owner of the room in this apartment is proportional to the size of the total area of \u200b\u200bthe said room (part 1 of article 42 of the RF LC).
This means that the larger the area of \u200b\u200bthe room of a particular owner, the greater his share in the common ownership of the common property in the communal apartment.
Based on Part 2 of Art. 42 of the Housing Code of the Russian Federation, the share in the right of common ownership of common property in an apartment building of the owner of a room in a communal apartment is proportional to the following amount: the size of the total area of \u200b\u200bthe room plus the size of the area of \u200b\u200bthe premises that make up the common property in the communal apartment (which is determined in accordance with the share in the common ownership of common property in the communal apartment of this owner).
By virtue of Part 3 of Art. 42 LCD RF share in the right of common ownership of common property in the communal apartment of the owner of the room in this apartment follows the fate of the ownership of the room. When the ownership of a room is transferred, the share in the common ownership of the common property in the communal apartment of the new owner of such a room is equal to the share in the common ownership of the previous owner of such a room.
The right to common shared ownership of the common property of a communal apartment arises from the acquisition of a room and does not require self-registration.
In accordance with Part 5 of Art. 42 LCD RF, the owner of a room in a communal apartment is not entitled to:
- carry out the allocation in kind of their share in the right of common ownership of common property in this apartment;
- to alienate their share in the right of common ownership of common property in this apartment, as well as to perform other actions entailing the transfer of this share separately from the ownership of the specified room.
In accordance with Part 6 of Art. 42 LCD RF introduced the right of pre-emptive purchase of a room in a communal apartment: when selling a room in a communal apartment, the rest of the owners of the rooms in this communal apartment have the pre-emptive right to purchase the alienated room at the price for which it is sold, and on other things being equal.
The seller - the owner of the room is obliged to notify the owners of other rooms in writing about their intention to sell their room, indicating the price and other conditions. If the owners of other rooms refuse to buy or do not purchase a room within one month, the seller has the right to sell his room to any person.
When a room is sold in violation of the preemptive right to purchase, any of the owners of other rooms has the right, within 3 months, to demand in court the transfer of the buyer's rights and obligations to it (Article 250 of the Civil Code of the Russian Federation).
The same rules apply when concluding a room exchange agreement. In the case of a sale at a public auction, the right of pre-emptive purchase does not apply, since the contract is concluded with the person who won the auction (Article 477 of the Civil Code of the Russian Federation).
The adoption of this norm (part 6 of article 42 of the LC) is due to the need to reduce the number of communal apartments. However, the introduction of this provision into the RF JK is controversial for the following reasons. The pre-emptive right to purchase established by Art. 250 of the Civil Code of the Russian Federation, is applied when selling a share in common ownership to a third party. However, rooms in a communal apartment, like individual apartments, are independent objects of ownership. Therefore, it is they who can be both in shared and joint ownership, and are not the property to which the rule of preferential purchase applies.
By analogy with the maintenance of common property in an apartment building, common property in a communal apartment is maintained at the expense of all owners of rooms. The owners of rooms in a communal apartment bear the burden of the costs of maintaining common property in this apartment in proportion to their share in the common ownership of this property (Art. 43 of the RF LC).
According to Art. 249 of the Civil Code of the Russian Federation, each participant in shared ownership is obliged, in proportion to his share, to participate in the payment of taxes, fees and other payments on common property, as well as in the costs of its maintenance and preservation. In addition, they bear the burden of maintaining the common property of the owners of premises in the corresponding apartment building in proportion to their share.
Disputes between tenants in an apartment where several owners live, related to the distribution of common expenses for paying for utilities, about determining the procedure for using common areas, are considered by the court. The owners of the rooms can, in an agreement on the distribution of the burden of expenses between the owners, can determine the procedure for using the common property in a communal apartment.
New edition of Art. 42 LCD RF
1. The share in the right of common ownership of common property in the communal apartment of the owner of the room in this apartment is proportional to the size of the total area of \u200b\u200bthe said room.
Commentary on Article 42 of the LC RF
1. The size of the share in the right of common ownership of the common property in a communal apartment is determined on the basis that the said share is proportional to the size of the total area of \u200b\u200bthe room owned by the owner in this apartment. At the same time, the total area of \u200b\u200bthe room belonging to the owner does not include the area of \u200b\u200bbalconies, loggias, verandas and terraces (see part 5 of article 15 of the Code).
If in a communal apartment the owner owns two (or more) rooms, then it should be assumed that this circumstance in itself should not be taken into account when determining the size of his share in the common property right, since in this case it is not the number of living rooms that is decisive, but their total area.
Thus, the shares of participants in common ownership in a communal apartment are not equal. Therefore, in this case, the rules of civil law on shared, and not on joint ownership are applied. In this regard, it is advisable to keep in mind that the share of a participant in shared ownership can be increased according to the rules of the first paragraph of clause 3 of Art. 245 of the Civil Code of the Russian Federation, if this participant made inseparable improvements to the common property at his own expense.
2. The owner of a room in a communal apartment, in addition to the right to a share in the ownership of the common property in this apartment, also owns a share in the ownership of the common property in an apartment building. It is proportional to the sum of: a) the size of the total area of \u200b\u200bthe specified room and b) the size of the area of \u200b\u200bthe premises that make up the common property in this apartment, determined in accordance with the share of this owner in the right of common ownership of the common property in a communal apartment.
3. In accordance with the principle laid down in the basis of Part 2 of Art. 37 of the Code, in part 3 of Art. 42 contains an imperative rule about the following of the share in the right of common ownership of the common property in the communal apartment of the owner of the room to the fate of the ownership of the room belonging to this owner. In the case when the owner of a room in a communal apartment alienates his room to another person (sells, donates, changes, etc.), not only the ownership of the specified room, but also the ownership of the former owner passes to the new owner (acquirer) share in common ownership of common property in a communal apartment.
4. In cases where the ownership of a room in a communal apartment is transferred to another person on the basis of a transaction or by way of inheritance, the share in the common ownership of the common property in this apartment is transferred unchanged to the new owner.
5. Mandatory norms of Part 5 of Art. 42 of the Code prohibit the owner of a room in a communal apartment from committing actions that violate the principle of following a share in the common property of the owner of a room in a communal apartment with the fate of ownership of the said room (see Part 3 of Art.
Article 43 of the LC RF. Maintenance of common property in a communal apartment
6. The right of preemptive purchase is the right of participants in common shared ownership in relation to a share in their property sold to a third party at the price for which it is being sold, and on other equal terms, except in the case of the sale of such a share at a public auction. The assignment of the preemptive right to purchase a share is not allowed.
According to Art. 250 of the Civil Code of the Russian Federation, public auctions for the sale of a share in the right of common ownership in the absence of consent to this from all participants in shared ownership can be carried out in the cases provided for in Part 2 of Art. 255 of the Civil Code of the Russian Federation, and in other cases provided by law.
The seller of the share is obliged to notify the other participants in the shared ownership in writing of the intention to sell his share to an outside party, indicating the price and other conditions on which he is selling it. If the rest of the participants in shared ownership refuse to purchase or do not acquire the sold share in the ownership of real estate within a month from the date of notification, the seller has the right to sell his share to any person.
When a share is sold in violation of the right of pre-emptive purchase, any other participant in the shared ownership has the right, within three months, to demand in court the transfer of the buyer's rights and obligations to him.
The above rules are also applied when alienating a share under an exchange agreement.
In accordance with paragraph 1 of Art. 24 FZ of July 21, 1997 N 122-FZ "On state registration of rights to real estate and transactions with it" when selling a share in common ownership to an outsider, documents are attached to the application for state registration confirming that the seller of the share notified the others in writing participants in shared ownership of the intention to sell their share, indicating the price and other conditions on which it sells it.
The application for state registration may be accompanied by documents confirming the refusal of the remaining participants in shared ownership to purchase a share and executed in the body that carries out state registration of rights, or notarized. In this case, the state registration of the right to a share in common property is carried out regardless of the period that has elapsed since the seller notifies the share of the remaining participants in shared ownership.
If the application for state registration is not accompanied by documents confirming the refusal of the remaining participants in shared ownership to purchase a share, the state registrar is obliged to suspend state registration before the expiration of a month from the date the seller notifies the share of the remaining participants in shared ownership, if on the day of filing an application for state registration such the term has not expired.
Disputes between participants in shared ownership that arose during state registration of the right to a share in common property shall be resolved in court.
Another commentary on Art. 42 of the Housing Code of the Russian Federation
1. The share of the owner of the room (rooms) in the common ownership of the common property of a communal apartment is determined in proportion to the total area of \u200b\u200bthe room (rooms). Calculation of the total area of \u200b\u200bthe room: the area of \u200b\u200bthe auxiliary premises is divided by the number of rooms in the communal apartment. The part of the auxiliary premises and the living area of \u200b\u200bthe room that belongs to the room gives (in total) the total area of \u200b\u200bthe room. This area is the basis for determining the share in the common ownership of common property in a communal apartment - in proportion to the total area of \u200b\u200bthe room.
2. A share in common ownership of common property in a communal apartment is an integral part of a room and always follows the fate of ownership of it. When the owner of the room changes, the share of the new owner in the common property right is equal to the share of the previous owner.
The owner of a room in a communal apartment is deprived of the opportunity to allocate in kind his share in the common ownership right to the common property of a communal apartment and its alienation separately from the alienation of the room.
3. When a room is sold in a communal apartment, the rest of the owners of the rooms have the preemptive right to purchase this room in the manner and under the conditions established by the Civil Code of the Russian Federation.
The procedure for selling a share is as follows: the seller is obliged to notify the owners of all other rooms in this apartment in writing about his intention to sell his room, indicating the price and other conditions on which it is sold. Any of the other owners has the right to buy it on these conditions within a month; otherwise, the owner has the right to sell his room to any person (Article 250 of the Civil Code of the Russian Federation).
If the seller violates the preemptive right of the owners of other rooms, any of them may, within 3 months, demand the transfer of the buyer's rights and obligations to it. For this you need to go to court.
Today in the real estate market from developers only areas from about 30 or more are offered square meters, and shared ownership allows you to purchase an area from 16 to 30 m2, much cheaper market price to the apartment. The cost of a share in an apartment with a city residence permit in an already commissioned finished building starts from 1,200,000 rubles, and this is not a room, but a studio with an SU and a kitchen. You can actually buy an apartment from a developer, not a large area, even today, but you can only live there in 2018. Our company has developed a package of documents that allows us to exclude possible disadvantages of shared ownership at the stage of buying an apartment and allows us to regulate the legal relationship of new owners among themselves within the framework of common ownership. You can start using and dispose of your property today.
1) Buying your share from 1 owner or developer company directly without intermediaries.
- there is no rise in the price of the object
- no risk of losing money
2) Notarial waiver from the priority right to purchase a share in an apartment from all future owners
- you can sell your share in the property without notifying all the owners
- no need to wait for a month of consent, because refusals have already been received and are kept by a notary
3) Notary agreement on the use of the apartment allocates your share in the property in square meters and defines your area on the apartment plan.
- regulates the legal relationship of owners
- such a document allows you to pledge a share in the bank
- the document defines the procedure for using common areas and distinguishes your property in common ownership
In fact, you get a separate studio apartment with its own SU and a kitchen area in the studio.
1) Each studio is equipped with its own electricity grid with a meter, which is independent of your neighbors. The meter in the apartment is shared for the corridor and separate for your studio.
2) Own separate water meters are installed.
3) The layout, as a rule, can not be legalized, because we do not dismantle the load-bearing walls and do not change the boundaries of the entire apartment. We do not install or place wet areas above residential areas. Redevelopment is performed entity according to the GOSTs and SNIPs adopted in the Russian Federation and having the right and permission to perform this type of work. As follows from the law:
On the basis of article 26 of the LC RF, it is not necessary to obtain permission from the Housing Inspectorate andcoordinate the project in order to carry out the following types of work:
- installation of glazing on a loggia or balcony (but without changing the type of facade);
- sealing or relocation, expansion or reduction of door openings in the internal partitions of the apartment, with the exception of load-bearing and interroom partitions;
- demolition and installation of partitions that are not load-bearing and do not increase the load on the floors (wood, plasterboard, less often brick, etc.);
- replacement of a bath with a shower cabin;
- moving the cooker within the kitchen.
4) With the above documents, you get:
the allocated share in the property that you can ATTENTION!!!
- buy, sell, bequeath, donate, lease, get a residence permit in the given property, put it in the bank. The only difference will be a common cadastral number with several owners. General mailbox. Agree for a 30% discount on the cost per square meter, you can try to change your attitude towards this kind property))
5) There is an opportunity to legalize the redevelopment of an apartment at the request of the owners, as a rule, a project, permission for redevelopment is required, the cost of turnkey documents can be for 1 apartment in the region of 200,000 rubles. And for a period from 2 months to six months.
NOTE:
According to the Housing Code of St. Petersburg, paragraph 6 of Art. 1 (Law of July 16, 2001 under No. 572-73 as amended on November 18, 2002): “ Communal apartment - this is an apartment of the state housing stock of St. Petersburg or municipal housing stock, in which living quarters are inhabited under separate contracts (social hiring, rent, lease) by two or more tenants (tenants) who are not spouses, parents, children or family members of the tenant " ...
Housing law of Russia
Communal apartments also include apartments from the state housing stock of St. Petersburg that meet the requirements of this definition, in which part of the residential premises has become the property of citizens, despite the fact that at least one premises (residential) is owned by the state. The Moscow Housing Code on communal apartments in Article 15 (Law of 03/11/1998 under No. 6 as amended on 07/10/2002) says this: “A communal apartment is an apartment consisting of several living quarters (rooms) belonging to two and more to users and / or owners who are not members of the same family, on the basis of separate agreements, transactions, other actions provided for by legislation, jointly using auxiliary premises (common areas of the apartment) and engineering equipment in common areas. "
CONCLUSIONS suggest themselves! Shared ownership allocated through a notary agreement has nothing to do with a communal apartment.
Try to answer your questions:
Why legitimize the redevelopment made in construction company according to GOST, if the law does not require it?
Why do you need your own separate cadastral number?
What are “common areas” in an apartment and “common areas” on a staircase and how do they differ?
If an apartment building is being built in shares according to the DDU and questions do not arise, why and what questions arise when living in shared property?
Common shared ownership regime in a communal apartment
The share in the common ownership right to common property in the communal apartment of the owner of the room in this apartment is proportional to the size of the total area of \u200b\u200bthe specified room.
2. The share in the common ownership right to common property in an apartment building of the owner of a room in a communal apartment located in this building is proportional to the sum of the total area of \u200b\u200bthe said room and determined in accordance with the share in the common ownership right to common property in the communal apartment of this owner of the area premises that make up the common property in this apartment.
3. The share in the common property right to the common property in the communal apartment of the owner of the room in this apartment follows the fate of the ownership right to the said room.
4. When the ownership of a room in a communal apartment is transferred, the share in the common ownership of the common property in this apartment of the new owner of such a room is equal to the share in the common ownership of the said common property of the previous owner of such a room.
5. The owner of a room in a communal apartment is not entitled to:
1) carry out the allocation in kind of his share in the right of common ownership of common property in this apartment;
2) alienate his share in the right of common ownership of common property in this apartment, as well as perform other actions entailing the transfer of this share separately from the ownership of the specified room.
6. When selling a room in a communal apartment, the rest of the owners of the rooms in this communal apartment have the preemptive right to purchase the alienated room in the manner and on the terms established by the Civil Code of the Russian Federation.
1. The owners of rooms in a communal apartment bear the burden of the cost of maintaining the common property in this apartment.
2. The share of compulsory expenses for the maintenance of common property in a communal apartment, the burden of which is borne by the owner of the room in this apartment, is determined by the share in the common ownership right to the common property in this apartment by the specified owner.
Comments to Art. 43 LCD RF
1. The owner of an isolated dwelling (room or rooms) in a communal apartment owns a share in the right of common shared ownership of common property in a communal apartment (see the commentary to Article 41 of the LC).
The share of the owner of an isolated dwelling in a communal apartment in the right of common ownership of the common property of the apartment is proportional to the size of the area of \u200b\u200bthe dwelling that belongs to him by right of ownership in this apartment (see the commentary to Art. 42 of the LC).
2. The owners of isolated living quarters in a communal apartment bear the burden of maintaining their own living quarters in the communal apartment and the apartment itself. The burden of maintaining a dwelling in a communal apartment is expressed in the obligation of the owners to pay for the maintenance of the dwelling and the common property of the communal apartment.
The amount of compulsory payments by each owner of a dwelling in a communal apartment for the maintenance and repair of the dwelling and common property of a communal apartment belonging to him by right of ownership is proportional to his share in the common ownership of the common property in a communal apartment.
3. In this case, one should pay attention to the fact that there is a difference between the cases of the maintenance of the living quarters by the owners of the residential premises in the communal apartment from those cases when the apartment is in common shared ownership. If in the first case all the participants in the shared ownership are the owners of the apartment and together participate in the maintenance of the apartment, then in the case of a communal apartment, each owner of an isolated living space in a communal apartment is the owner of an independent object (living quarters) and independently bears the burden of maintaining the property belonging to him. If the apartment is in common shared ownership, then each participant in the shared ownership is liable for obligations in proportion to their share in the common ownership of the apartment. The owner of a dwelling in a communal apartment bears the burden of maintaining his dwelling and the common property of a communal apartment in proportion to the area of \u200b\u200bthe dwelling that belongs to him by right of ownership. If, for example, in a two-room communal apartment there is one room of 20 sq. m, and the other - 10 sq. m, then the share of the owner of the first is 2/3, and the share of the owner of the second is 1/3. Each owner pays for the maintenance of the common property of the apartment based on his share.
4. Payment for utilities is made on different grounds. For example, the criterion for paying for heating an apartment is the area of \u200b\u200bthe entire apartment. Accordingly, the owner of a dwelling in a communal apartment pays for heating in proportion to his share in the right of common ownership of the common property of a communal apartment. In cases where the criterion for paying utility bills is the number of people living in the apartment (for example, water supply), then payment is made according to this criterion, without taking into account the share in the common property right in the communal apartment.
5. The owner of a dwelling in a communal apartment also owns a share in the right of common ownership of the common property of an apartment building, and, accordingly, he also bears the burden of maintaining the common property of an apartment building in proportion to his share (see the commentary to Article 39 of the LC).
One of the most important issues of concern to the owners of communal apartments was recently considered by the Supreme Court. Housing with more than one owner is not only almost certainly everyday problems, but also serious legal conflicts. These problems have emerged against the backdrop of an unexpected increase in the number of communal apartments in recent years.
The reason for this is the ability to buy, sell, donate and inherit square meters. A resident of the capital, who lives in a communal apartment, also faced one of these communal problems. So, a woman in a three-room apartment owned two rooms. The third belonged to another lady. But the owner of one room had a different place to live, and having bought another room, she never moved in. But from the very first day I began to take extra meters. From that moment on, communal hell began for the owner of two rooms who constantly lived in the apartment. Temporary residents used the bathroom, kitchen, corridor and other "common property".
And they greatly complicated the life of the owner of everything that stood on this "common" territory. The fact is that the kitchen and the bath remained indivisible between the hostesses of the communal apartment. And everything that was in the toilet and the corridor belonged to the constantly living mistress. And temporary residents considered it unnecessary to buy hangers and kitchen utensils.
The tired owner of two rooms went to the district court with a claim for the protection of her civil rights and for compensation for moral damage. She wanted to be asked permission to move in temporary residents. But the court refused her. The Judicial Collegium for Civil Cases of the Supreme Court, having checked the decisions of the district and city colleagues, did not agree with them.
The district court, when it refused the plaintiff, proceeded from the fact that the current legislation does not provide for such a restriction of the owner's rights as the need to obtain the consent of the owners of other rooms for outsiders to move into their territory. And the "common property", that is, the bath, kitchen, and corridor, "follows the fate of the ownership of the room." The court referred to Articles 41 and 42 of the Housing Code. The Supreme Court did not agree with such conclusions.
The Supreme Court stated that the owner has the right to "grant temporary possession" to other citizens of his dwelling. But besides rights, he also has responsibilities. The owner of square meters is obliged by law to "respect the rights and interests of neighbors and the procedure for maintaining common property."
According to the Housing Code (41st article), the owner of a communal flat owns "premises in an apartment used for maintenance" on the basis of the right of common ownership. Simply put, this is the same bathroom. But in the next article of the code (Article 42) it is said that the share in the right to common property is proportional to the size of the owner's total area in the apartment. That is, the owner of two rooms has twice the share in the kitchen and bathroom.
The law says that common property is used by agreement. It is not possible to agree - the problem is decided by the court. When renting a room, its owner assumes that the tenant will go to the bathroom and kitchen. But to "achieve a balance of interests" with another owner about the use of the kitchen must be negotiated. It doesn't work - the court must do it.
In our case, there were no attempts to reach an agreement - neither peacefully, nor in court. So really, without the consent of a neighbor, you can rent a room, but you cannot use the toilet without her "approval". Or get a court decision on this issue ..
The Supreme Court concluded that the violation by the district and city courts of the law led to the fact that the plaintiff's claims were "effectively left unaddressed." The decisions in the case of the owner of two rooms were canceled and the case will be reconsidered.
