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All-house needs for utilities on power supply, cold and hot water supply at a way of management – managing organization

"All-house needs for utilities on power supply, cold and hot water supply at a way of management – managing organization"

Owing to articles 153, 154 of the Housing code of the Russian Federation citizens and the organizations are obliged to bring in due time and completely a payment for premises and utilities. The payment for premises and utilities for employers and owners of premises in apartment houses includes a payment for power supply.

In an apartment house for all-house needs utilities on power supply, cold and hot water supply are provided and are subject to payment by owners. The payment for heating and water disposal, provided for all-house needs, is not raised.

Owners of rooms in an apartment house are obliged to choose one of ways of management of the house: direct management of owners of rooms; management of owners of housing of association either housing cooperative or other specialized consumer cooperative; management of managing organization (part 2 of article 161 of the Housing code of the Russian Federation).

At a choice of management of the house of association of owners of housing, housing or other specialized cooperative these organizations bear maintenance responsibility of the general property in this house, for providing utilities which quality has to conform to the established requirements. At the conclusion of the contract of management with managing organization the association or cooperative controls performance by managing organization of obligations under the contract, including on rendering all services, performance of work providing proper maintenance of the general property in the house, to providing utilities.

At management of an apartment house of managing organization she bears responsibility before owners for rendering services, performance of work which provide ought containing the general property in the house and which quality has to correspond established by requirements (parts 2.2, 2.3 of article 161 of the Housing code of the Russian Federation).

According to part 7.1 of article 155 of the Housing code of the Russian Federation on the basis of the solution of general meeting of owners of rooms in an apartment house owners of rooms in an apartment house and employers of premises under contracts of social hiring or employment contracts of premises of the state or municipal housing stock in this house can bring a payment for all or some utilities (except for the services consumed when using the general property in an apartment house) to the resursosnabzhayushchy organizations.

According to point 17 of the Rules of providing utilities to owners and users of rooms stated above in apartment houses and houses, the resursosnabzhayushchy organization is the performer of utility, signs contracts with consumers, starts providing utility in the following cases:

- at direct management of an apartment house;

- in an apartment house in which the way of management is not chosen;

- in houses (households).

In other cases, according to points 8, 9 of Rules, the performer of utilities for owners and users of rooms in an apartment house are the managing organization, association of owners of housing, housing cooperative, other specialized consumer cooperative. Conditions of providing utilities are defined in the contract of management of an apartment house.

Follows from the stated that the procedure for payment of utilities in an apartment house depends on the way of management chosen as residents, and the right of charge and collection of a payment for the utilities provided to owners, employers of rooms of apartment houses, belongs to a person, including the resursosnabzhayushchy organization, on the basis of the decision of general meeting of owners of rooms made in the order established by the law in an apartment house on introduction of a payment for utilities of the concrete resursosnabzhayushchy organization.

Besides, the housing legislation does not allow possibility of direct payment by owners, employers of rooms of an apartment house to the resursosnabzhayushchy organizations of the utilities consumed when using the general property in an apartment house (part 7.1 of article 155 of the Housing code of the Russian Federation) except for a case of implementation by owners of rooms of the house of direct management of such house (part 8 of Art. 155 of the Housing code of the Russian Federation).

Owing to point 44 of Rules the volume of the utility provided for all-house needs distributed between consumers cannot exceed the volume calculated proceeding from standards of consumption of service. An exception is existence of the relevant decision of general meeting of owners of rooms in an apartment house on distribution of "excess" volume between all rooms in proportion to the size of total area of each room in the house. If the specified decision is not made, the performer (managing organization, condominium, ZhSK) pays the "excess" volume of utility at the expense of own means.

From standard contents of the interconnected provisions of parts 1, 2.1, 2.3 of article 161 and part 2 of article 162 of the Housing code of the Russian Federation opening concept of the contract of management of an apartment house, the purposes and ways of management of an apartment house follows that the legislator differentiated functions of management of an apartment house and service of the general property in such house. In this regard reference on the performer exercising control of an apartment house, excess of the volume of the utility provided for all-house needs over the standard of utility for all-house needs in case owners of rooms in an apartment house is not made other decision, directed on stimulation of managing organization to performance of actions for effective management of an apartment house (to identification of unauthorized connection, non-contractual consumption of utilities, etc.) and achievement of the objectives of this management, the citizens providing favorable and safe conditions of accommodation, proper maintenance of the general property in such house, the solution of questions of use of the specified property, and also providing utilities (part 1 of article 161 of the Housing code of the Russian Federation).

This position is confirmed with definition of the Supreme Court of the Russian Federation of 23.06.2015 N 8-KGPR15-2.

Follows from the above that if the owner of premises in an apartment house lives over 16 apartments in the house and in this house the way of management is chosen – the managing organization, thus is absent the solution of general meeting of owners of premises of an apartment house on payment for utilities, including for all-house needs directly of the resursosnabzhayushchy organization, the owner of this room has the right to appeal to court with the statement of claim to the resursosnabzhayushchy organization about recognition of its actions for charge of a payment for all-house needs illegal and about collecting superficial enrichment from this organization or carrying out recalculation.

 

Assistant prosecutor of the city of Chelyabinsk
lawyer 2 classes T.A. Safronova