Documentation. What is said in the decision of the Supreme Court on major repairs, as well as in the decisions of the Constitutional Court of the Russian Federation and the Government? Laws on capital repairs
September 3, 2019, Technological development. Innovation On the signing of an Agreement of Intent between the Government of Russia and the Management Company of the Russian Direct Investment Fund in order to develop the high-tech field of Artificial Intelligence in Russia Order No. 1964-r dated September 3, 2019. The signing of the Agreement is aimed at attracting mutually beneficial cooperation between industrial, scientific, educational and other organizations, the pooling of efforts of which is necessary to achieve the target indicators of technological development in Russia.
September 3, 2019, Automotive and special equipment On updating the fleet of emergency medical vehicles and school buses in the constituent entities of the Federation Order No. 1963-r dated September 3, 2019. An additional supply of more than 1.55 thousand emergency medical vehicles and more than 2.45 thousand school buses to the constituent entities of the Federation is planned.
September 3, 2019, Law Enforcement Monitoring Law enforcement monitoring plan for 2020 approved Order No. 1951-r dated August 31, 2019. Law enforcement monitoring involves the collection, compilation, analysis and assessment of information for the adoption, amendment or invalidation of regulatory legal acts of the Russian Federation, regulatory legal acts of constituent entities of the Federation and municipal legal acts.
31 August 2019, Inland water transport and maritime activities A new edition of the Strategy for the Development of Maritime Activities of the Russian Federation until 2030 has been approved Order No. 1930-r dated August 30, 2019. In the new edition of the Strategy, taking into account the current political and socio-economic situation in the country and the world, the priorities, goals and objectives of Russia’s maritime activities for the long term are determined, the forecast values of the target indicators of the second stage of the Strategy are clarified and the forecast values of the target indicators of its third stage are determined (in the previous there were no editions of target indicators - only promising development paths).
August 31, 2019, Literature and book publishing. Libraries The development plan for the federal state information system “National Electronic Library” has been approved Order of August 28, 2019 No. 1904-r. The plan, in particular, provides for legal regulation of the work of the New Library, improvement of the information technologies used in it, selection and encyclopedic systematization of knowledge from book, archival, museum and university collections, ensuring the inclusion in the New Library of electronic copies of 100% of Russian publications as legal deposit.
August 30, 2019 An organizing committee has been formed for the preparation and holding of the Second Caspian Economic Forum in Astrakhan in 2021 Order No. 1929-r dated August 30, 2019
August 29, 2019, State program “Development of Culture” for 2013–2020 On budgetary allocations for the reconstruction of cultural objects in the constituent entities of the Federation Order No. 1924-r dated August 29, 2019. The targeted (object-by-object) distribution of subsidies provided in 2019–2021 to the budgets of the republics of Buryatia, North Ossetia-Alania, Khakassia, Tyva, the Udmurt Republic, Trans-Baikal Territory, Astrakhan, Murmansk, Omsk and Pskov regions for co-financing capital investments in the reconstruction of cultural objects has been approved.
August 29, 2019, Railway transport The authorized capital of JSC Russian Railways has been increased Order of August 27, 2019 No. 1872-r, resolution of August 27, 2019 No. 1094. The authorized capital of JSC Russian Railways was increased by 44.07 billion rubles in order to increase the level of economic connectivity of the territory of Russia and the comprehensive development of the Mezhdurechensk - Taishet section of the Krasnoyarsk railway. Corresponding funds are provided in the federal budget.
August 29, 2019 The Regulations on the Supervisory Board of the State Development Corporation "VEB.RF" were approved Resolution of August 29, 2019 No. 1117
August 29, 2019, Fisheries, aquaculture, fish processing The procedure for holding auctions for the sale of the right to conclude an agreement on the provision of quotas for crab production for investment purposes has been determined Orders of August 28, 2019 No. 1917-r and No. 1918-r, resolutions of August 28, 2019 No. 1112 and No. 1113. Lists of crab species in certain areas of their production (catch) and construction projects have been established, the number and size of auction items, requirements for projects for the construction of fishing vessels, as well as rules for conducting auctions and a sample form, procedure for preparing and concluding an agreement on fixing shares of crab production quotas for investment purposes. This will ensure a transparent competitive environment in the most profitable and investment-intensive production segment for business. In addition, additional federal budget revenues will be provided, and a new, modern crab fishing fleet will be built.
August 28, 2019, Sanitary and epidemiological safety The implementation plan for the Fundamentals of State Policy in the field of ensuring chemical and biological safety has been approved Order of August 28, 2019 No. 1906-r. The plan provides for the improvement of legal regulation in the field of ensuring chemical and biological safety, the development of a state program “Ensuring chemical and biological safety of the Russian Federation”.
August 27, 2019, Space industry The procedure for creating and maintaining a federal fund of data for remote sensing of the Earth from space has been established Resolutions of August 24, 2019 No. 1086, No. 1087, No. 1088. In order to increase the efficiency and expand the possibilities of using data from remote sensing of the Earth from space, a federal fund of data from remote sensing of the Earth from space is being created. The signed resolutions regulate the creation and maintenance of the federal fund, determine the timing of the transfer of data and metadata to the federal fund, their composition and methods of transfer.
August 27, 2019, Environmental safety. Waste management A temporary restriction has been introduced on the import of ozone-depleting substances into Russia in 2019 Resolution of August 24, 2019 No. 1089. The purpose of the introduced restrictions is to ensure the protection of the ozone layer of the atmosphere and the fulfillment of Russia’s obligations under the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer.
August 23, 2019, State policy in the field of scientific research and development Indicators for the implementation of the Strategy for Scientific and Technological Development have been established, the dynamics of which are subject to monitoring Order of August 15, 2019 No. 1824-r. 11 indicators have been identified that reflect the progress of implementation of the Strategy in the following areas: the influence of science and technology on the socio-economic development of Russia, including due to the transition to the model of great challenges; the state and performance of the field of science, technology and innovation; quality of state regulation and service provision of scientific, scientific, technical and innovative activities.
August 23, 2019, Social innovation. Non-profit organizations. Volunteering and volunteering. Charity Rules for the functioning of a unified information system in the field of volunteer development were approved Resolution of August 17, 2019 No. 1067. The decisions made are aimed at providing information and analytical support for volunteer activities and will allow the formation of a single platform for interaction between institutions of volunteer activity.
August 22, 2019, General issues of the agro-industrial complex A new edition of the list of products has been approved to provide state support to organizations engaged in primary and industrial processing of agricultural products Order No. 1856-r dated August 21, 2019. The decisions taken will help stimulate the production of main types of agricultural products and products of the food and processing industry, and the development of exports of Russian agricultural products, raw materials and food.
August 19, 2019, Business environment. Development of competition Rules for the implementation of the action plan “Transformation of the business climate” were approved Resolution of August 10, 2019 No. 1042, order of August 10, 2019 No. 1795-r. The decisions made will make it possible to create a comprehensive system for the formation, monitoring and control of the implementation of the “Transformation of the Business Climate” action plan, establish the powers of expert groups and increase responsibility for the results of their activities, as well as involve business entities in the process of regulatory improvement of business conditions.
August 15, 2019, Plant growing The long-term strategy for the development of the Russian grain complex until 2035 has been approved Order of August 10, 2019 No. 1796-r. The goal of the Strategy is the formation of a highly efficient, scientifically and innovation-oriented, competitive and investment-attractive balanced system of production, processing, storage and sale of basic grains and leguminous crops, their processed products, guaranteeing food security in Russia, fully meeting the country’s internal needs and creating significant export potential.
1Over time, objects wear out and buildings are no exception. To maintain an apartment building in proper condition, major repairs are periodically carried out. When ordering major repairs of an apartment building, the rights of residents are often violated; to prevent this, you should know the law on major repairs of residential buildings.
According to established rules in the housing sector, major repairs are carried out by the state or residents - this issue interests all citizens. To prevent such questions from arising, on December 25, 2012, the state created Law No. 271 on major repairs.
Housing issues in Russia are regulated by two legislative acts:
- Federal Law No. 271.
Federal Law 271 does not act as a separate law; it defines amendments to the Housing Code.
According to the Housing Code, major repairs are aimed at:
- replacement of structural parts unsuitable for use - roof, basement, utility rooms, facade, elevator, staircase and so on;
- restoration of the fundamental part of a residential building;
- carrying out repair work of communication systems - power supply, water supply and so on;
- equipping an apartment building with meters for consumed resources.
Who should pay and how much?
According to the legislative criteria of Federal Law No. 271, homeowners are required to pay mandatory contributions for major repairs of an apartment building (for its common property part). According to the provisions of the law, contributions for major repairs are collected from owners according to a payment document. The payment document is paid monthly, the funds paid are transferred to a specialized fund.
The state bears expenses only in connection with the move of citizens to another apartment building, provided that the former place of residence is unsuitable for habitation.
The minimum amount of payment for major repairs, according to Federal Law 271, is determined by the regulatory act of the constituent entity of Russia. The act complies with the methodological recommendations approved by the government of the Russian Federation. According to the provisions of the law, the amount of payment for major repairs is calculated based on the occupied space in an apartment building.
The calculation is carried out in rubles per square meter. meter multiplied by the area of the apartment. For example, in the region the fee for 1 sq. meter is 5 rubles, the total area of the apartment is 42 square meters. meters. This means that the payment for major repairs will be 5 * 42 = 210 rubles.
Homeowners are required to pay for major repairs within the prescribed period.
Federal Law 271 “On major repairs” for new buildings
Citizens living in newly built apartment buildings are not required to pay contributions for major repairs, provided that the building was put into operation no more than 5 years ago. In Russia, a new building is considered to be a building that is 3-5 years old after being put into operation. The period depends on the region of residence.
Often, management companies first begin collecting funds for major repairs, even if the building is not yet 5 years old. According to the law, this option is possible, but only with the consent of all residents. To obtain consent, employees of the management company must organize a general meeting at which to collect signatures. If a citizen has not given his consent to make early payments for major repairs, but receives payment receipts, he must contact the city administration.
In addition to the fee for major repairs, residents of old and new houses are required to pay a tax. The tax is paid regardless of the year the building was built. According to the law, a certain category of citizens is exempt from paying taxes.
Federal Law 271 for residents of regions
According to the introduced law No. 271, residents of apartment buildings pay different fees for major repairs depending on the region. In large federal cities, residents are required to pay amounts slightly higher than in other regional or district settlements. Cities of federal significance include Moscow and St. Petersburg.
Regions have the right to independently establish the payment procedure and the amount of contribution per 1 sq. m. meter.
In case of late payment of mandatory contributions, the law on capital repairs provides for penalties.
Privileges
According to Federal Law No. 271, there is a list of persons who are fully or partially exempt from paying for major repairs. Homeowners in an apartment building do not pay fees:
- in disrepair;
- according to which there is a resolution on the seizure for state needs of the land plot where the apartment building stands.
Should pensioners pay for major repairs of apartment buildings? The law on capital repairs for pensioners and for certain categories of Russian citizens provides benefits for paying contributions. The following are entitled to receive benefits:
- WWII participants;
- family members of those killed in the line of duty;
- citizens affected by radiation;
- disabled people of 1st and 2nd groups;
- teachers working in rural areas;
- pensioners.
Citizens of retirement age pay part of the fee, or are completely exempt from payments. According to the law on major repairs, apartment owners:
- over 80 years old - completely exempt from payment;
- over 70 years old - pay half the fee.
The above legislative norms apply throughout Russia.
Download
State Duma staff adopted a bill on major repairs in December 2012. The adopted law contains amendments, changes and additions to the Housing Code and does not apply as a separate law.
You can download Federal Law No. 271 “On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts” at.
Today, about a third of apartment buildings are in need of major repairs. The procedure for its financing is regulated by a regulatory act that came into force on December 25, 2012. Let us consider further its main provisions.
"About major repairs"
When the specified normative act came into force, financing of measures to eliminate faults in worn-out structural elements of common property is carried out with funds from the owners. Previously, this responsibility was assigned to the housing and communal services reform fund. Currently, its activities are refocused on relocating people from emergency situations and the amount of payment varies depending on the region.
Regulatory obligations
Law 271-FZ “On Major Repairs” (as amended) established that by 2014, local governments must form funds and identify regional operators. It is the responsibility of the latter to carry out proper measures in apartment buildings and provide timely reports online. Despite the fact that everything seems clear in the formulation, in practice quite a lot of questions arise. Most of them are related to the process of collecting and spending funds from owners.
Specifics of the provisions
For what purpose was Law 271-FZ “On Major Repairs” adopted? The changes introduced by this regulatory act into the Housing Code are, in essence, not something new. The fact is that the Civil Code directly establishes the obligation of owners to maintain residential premises at their own expense. “On Major Repairs,” recognizing payment for work in an apartment building as mandatory for premises owners, establishes a clear mechanism for carrying it out as planned.
Relevance of the issue
At the end of 2011, the country had more than 20 million square meters. m and about 80 million sq. m - dilapidated. The share of such structures in the total housing stock is 3%. Approximately the same number of buildings are actually in disrepair, but are not officially recognized as dilapidated. This is due to the lack of funds from local authorities to resettle citizens from such buildings. In this situation, it was quite logical that Law 271-FZ “On Major Repairs” was adopted. The full text of the regulatory act contains a number of provisions establishing guarantees for the population.
Registers
The issue of the intended use of funds collected from owners is resolved by the Law “On Capital Repairs” (Federal Law 271) in two ways. In accordance with the first option, by the end of 2013, regional authorities must form funds and establish a state-owned enterprise - operator. He will carry out repair work using funds collected from the population. Money must be contributed to the fund according to a plan that includes each multi-apartment building. Local authorities will form appropriate lists. Registers must be publicly available so that every citizen can track the progress of the queue. In each subject, a specific amount is established for the owners to contribute to the fund. At the same time, the regional and federal budgets will co-finance it. This option for collecting money is inherently contrary to the Constitution and the Civil Code. According to the regulations, the homeowner bears the burden of maintaining his own property, not someone else's. The Law “On Major Repairs” (Federal Law 271) actually allows the use of funds collected from one house to carry out work in another according to the approved schedule.
Opening a special account
The Law “On Major Repairs” (Federal Law 271) provides for another option for raising funds. In accordance with the regulations, the HOA can open a special account. Owners will pay their contributions to it. Accordingly, a capital repair fund will be formed from them. These funds have a specific purpose. This means that they can be debited from the account solely for repairs. If the HOA arbitrarily decides to raise the fee, the owners have the right to go to court. A positive aspect when using this option is that the overhaul is not tied to the plan drawn up by the local government. Accordingly, the necessary measures can be carried out earlier than planned. In addition, the owners of the premises independently determine the amount of the contribution. The Law “On Major Repairs” (Federal Law 271), however, makes a reservation that its size should not be less than the minimum established by regional regulations. Owners also independently select the contractor for the work. It can be either the management company itself or another organization. The bank transfers funds to the contractor only after the owner of the account provides this document. This document, in turn, must be signed by representatives of the owners of living space, as well as local authorities.
Account owner
As him, according to Art. 175 LCD, can be a homeowners association, which manages an apartment building and is formed by the owners in one or more apartment buildings. Moreover, the total number of apartments in the latter should not exceed 30 if the buildings are located on areas that have a common border, utilities and other infrastructure components intended for general use. If the powers of the management company go beyond the established limits, then an account should be opened with a regional operator or the HOA should be divided into several separate ones.
Important point
If before 2014 the owners were unable to decide on a fundraising option, then they will automatically be included in the regional fund. Contributions are mandatory payments. In case of delay, a penalty of 1/300 of the Central Bank refinancing rate will be imposed. If at the meeting the residents decide to refuse to make contributions, it will be declared illegal. Funds can also be recovered from owners in court.
additional information
Law 271-FZ “On Major Repairs” establishes that the decision to carry out the necessary measures is made by the owners at a meeting. Owners can conduct it at any time on the initiative of the person managing the house or providing services for its maintenance, the regional operator or one of the residents. If it suddenly turns out that there are not enough funds to carry out major repairs, you can take out a loan from the bank under the guarantee of the fund, then switch to it and pay contributions to it until the amount spent is paid. One more point should be noted. An HOA that has transferred contributions to a regional fund has the right to withdraw from it by opening a special account. If the repair has not yet been completed, the money will be transferred to it. If it was carried out, but there were not enough funds, and the regional fund paid extra for the work, the HOA first pays off the debt and then opens an account.
Law 271-FZ "On Major Repairs": beneficiaries
The rules define categories of persons who are exempt from the obligation to make contributions. As a general rule, Law 271-FZ “On Capital Repairs” does not provide benefits for owners. However, they can be established by regional regulations in relation to the poor, disabled, elderly people and a number of other people in need. A complete exemption from the obligation to pay contributions is provided for tenants of municipal housing. In this case, the MO acts as the owner. Accordingly, according to the law, it is the municipality that must ensure timely overhauls.
Mortgage credit lending
Not all citizens have the opportunity to buy an apartment with their own money. Many people today turn to banks for a mortgage. At the same time, an unencumbered certificate of title to the property is not issued for such housing until the debt is fully repaid. Accordingly, the question arises of who should make contributions for major repairs. Judicial practice does not give an unambiguous answer to this question. Some authorities believe that charging fees is illegal, others take the opposite position. According to a number of experts, the second option is quite logical, in which the deduction of contributions is the responsibility of the owners. In this case, in fact, citizens who have a loan use the apartment - the bank only holds it as collateral and does not operate it. The burden of maintaining the living space thus falls on the acquirer. However, this position is not enshrined in law.
Recognition of the house as unsafe and seizure
According to the provisions of the Housing Code, contributions for major repairs are not paid by the owners of apartments in a building subject to demolition. In such a situation, the regional operator directs funds from the fund to carry out relevant activities with the house. Citizens are also exempt from the obligation to pay for major repairs when a regulatory act is adopted on the seizure of the site on which the structure is located for municipal/state needs, for each premises, except for those that belong by right of ownership to a region, municipality or the Russian Federation. In this case, the regional fund must return the funds they contributed to the apartment owners. In addition, citizens can exercise the right to receive the redemption value of repossessed housing.
Conclusion
It should be noted that owners of apartments in new buildings are also required to make contributions towards major repairs. This is due to the fact that over time, all structural elements, including engineering and communication networks, become unusable and require replacement. It is more profitable for owners of apartments in new buildings to create a fund of funds for major repairs in a special account. Contributions may, among other things, accrue interest on the use of the money. Before the adoption of the considered Federal Law, the country did not provide for a clear procedure for implementing the obligation of owners to maintain common property in a residential multi-apartment building. The rules established in the regulatory act allow owners to independently decide when to carry out work and in what volume, as well as to choose their performer. Thus, the state today depends on the owners.
Recent events in the field of housing legislation in Russia are closely related with a program for the demolition of outdated housing in Moscow.
In addition to the fact that the owners of many apartments will be relocated to new houses, there will be changes regarding major renovations in the capital.
According to the bill, residents covered by the city program will be exempt from payments to the capital repair fund, since the infrastructure of their housing cannot be restored.
Such organizations must now be controlled by the Central Bank and the Ministry of Finance, or the Deposit Insurance Agency. Also, their deposits must be insured in case of license revocation.
REFERENCE. According to the plan of the document being prepared for publication, even if residents deposited money for major repairs into the individual bank account of the house, they will not be able to take the savings back from there. In any case, they will go to the budget of the Moscow City Hall.
For those who do not live in the capital, the Ministry of Construction has prepared changes regarding the storage of funds in regional funds. tightens requirements for financial institutions, which can place funds on their deposits intended to finance major housing repairs in the region.
What decisions regarding major repairs were made by the authorities, namely
Constitutional Court of the Russian Federation
The highest judicial body authorized to determine the constitutionality of any government decisions, in 2016, he considered an appeal received from State Duma deputies. It expressed doubts among deputies regarding the legality of the implementation of the capital repair program.
The right to manage common property remained with the apartment owners, and if they do not want to place their funds in the account of the regional operator, then by general vote they can open a special account specifically for this particular house. The money will arrive there until the due date for repairs.
ATTENTION. However, the Constitutional Court of the Russian Federation did not provide for the opportunity for residents to refuse financing of this program. And even after one major repair is financed using funds from a special account, this will not relieve residents of the obligation to make contributions.
Government of the Russian Federation
The federal government sets only a general framework within which funds are collected for regional funds and lists of residential buildings are compiled to calculate the appropriate time for renovation of them. The above-mentioned Resolution No. 241 of March 1, 2017 is a rare example of how the Government is trying to regulate the process. The main legislative role has been transferred to regional executive bodies, which control this process.
Supreme Court of Russia
Here you will read about an example of a Supreme Court ruling on capital improvements.
The beginning of the analysis of the legality of fees for major repairs in the RF Armed Forces was the complaint of citizen N.V. Bezugloy about the regional law on the financing of the regional fund, which was adopted in the Belgorod region at the end of 2013. The citizen drew the attention of the Belgorod Regional Court to the fact that the funds are used to repair common, not individual property.
The court drew attention to the carelessness of the plaintiff, who, due to ignorance of the legal basis of the capital repair project, began to complain about the wrong document. First, his appeal was rejected by the Regional Court, and then by the Supreme Court. The result was.
The document in which the Supreme Court expressed its position quickly gained popularity on the Internet. But it should not be understood on the basis of online speculation, which indicated that the amendments to the Housing Code on major repairs have been cancelled. A short excerpt was cited as evidence, from which it was not the cancellation of the state’s decision, but an indication of the mistake of citizen Bezugliy.
The Supreme Court of Russia not only did not allow citizens to refrain from paying for major repairs, but also allowed the authorities to apply sanctions to violators of the law.
How do the issued orders affect homeowners in apartment buildings?
Judging by their nature, citizens need to prepare in advance for the fact that they will have to allocate more and more money to regional operators.
Also, do not expect government agencies to suddenly stop the program and return money to apartment owners. The resolution of the Constitutional Court of the Russian Federation became the latest clarification for those who doubted the legality of the fees.
However, the case of Moscow renovation became a signal for other large cities. The reason for implementing the project was that the utility networks in Moscow housing could not be replaced. Considering that utility networks are everywhere the same age, Residents of cities with a population of over a million may face partial exemption from the obligation to make contributions.
Are more regulations expected to be issued?
It's impossible to predict because government regulations (like Resolution 832) usually introduce new regulatory rules unpredictably. For example, recent new rules regarding restrictions on financial intermediaries between residents and regional authorities were introduced after the collapse of the banking sector in Tatarstan. We can say for sure that there is no need to wait for a review of the decision of the Constitutional Court regarding the legality of the overhaul.
Let's summarize. The Constitutional Court recognized fees for major repairs as legal. The RF Supreme Court did not cancel the program and did not allow people to abstain from payments. New court rulings should not be expected, and government initiatives in the housing sector are unpredictable and depend on the situation.
1. Owners of premises in an apartment building are required to pay monthly contributions for major repairs of common property in an apartment building, with the exception of cases provided for in part 2 of this article, part 8 of article 170 and part 5 of article 181 of this Code, in the amount established in accordance with part 8.1 of Article 156 of this Code, or, if the corresponding decision is made by the general meeting of owners of premises in an apartment building, in a larger amount.
2. Contributions for major repairs are not paid by the owners of premises in an apartment building that is recognized in accordance with the procedure established by the Government of the Russian Federation as being in disrepair and subject to demolition, as well as in the event that an executive body of state power or a local government body makes decisions on the seizure of a land plot for state or municipal needs, 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 a municipal entity. Owners of premises in an apartment building are exempt from the obligation to pay contributions for major repairs starting from the month following the month in which the decision to withdraw such a land plot was made.
2.1. The law of a constituent entity of the Russian Federation may provide for the provision of compensation for the costs of paying a contribution for major repairs, calculated based on the minimum amount of the contribution for major repairs per one square meter of total living space per month, established by a regulatory legal act of a constituent entity of the Russian Federation, and the size of the regional standard of regulatory area of residential premises used to calculate subsidies, single non-working owners of residential premises living alone who have reached the age of seventy years - in the amount of fifty percent, eighty years - in the amount of one hundred percent, as well as living as part of a family consisting only of non-working citizens living together of retirement age and (or) non-working disabled people of groups I and (or) II, owners of residential premises who have reached the age of seventy years - in the amount of fifty percent, eighty years - in the amount of one hundred percent.
(see text in the previous edition)
3. The obligation to pay contributions for major repairs arises for the owners of premises in an apartment building after the expiration of the period established by the law of the constituent entity of the Russian Federation, which is no less than three and no more than eight calendar months, starting from the month following the month in which the approved document was officially published regional capital repair program in which this apartment building is included, except for the case established by part 5.1 of Article 170 of this Code.
(see text in the previous edition)
4. Income from the transfer for use of common property in an apartment building, funds from a homeowners’ association, housing cooperative, including income from the economic activities of a homeowners’ association, housing cooperative, may be allocated by decision of the owners of premises in an apartment building, or by the decision of members of the owners’ association housing, a decision of members of a housing cooperative, adopted in accordance with this Code, the charter of a homeowners’ association, the charter of a housing cooperative, to form a capital repair fund to fulfill the obligation of the owners of premises in an apartment building to pay contributions for major repairs and (or) to form part of capital repair fund in excess of that formed on the basis of the established minimum contribution for capital repairs, which can be used to finance any services and (or) work on major repairs of common property in an apartment building.
(see text in the previous edition)
