But the fund for the overhaul of common property. Contacts

Regional Fund overhaul apartment buildings- This non-profit association, which is usually established by the Government of the subject of the Russian Federation or its subordinate structures to regulate the issues of major repairs of residential buildings.

His the basis is confirmed by a special act, which details the legal basis, functions, powers of the Fund.

For example, such a founder in Moscow is the Overhaul Department, which is also a subdivision of the Moscow Government. In other regions, everything happens in a similar way, which confirms the direct connection of the state with the organization.

The jurisdiction of this structure is limited to one region, since the Fund cannot go beyond the city, region, territory, etc. within its competence. This is primarily a legal entity that deals exclusively with repair issues, therefore, at the heart of its activities, the Fund is guided by the following documents:

• founding act;
• statutory documents;
• the constitution of the Russian Federation;
• federal housing legislation (LC of the Russian Federation, Civil Code of the Russian Federation, orders of Gosstroy, etc.);
• regional acts.

Each Fund has its own official website, where all necessary information, including details, commanding staff, scheduled repairs, etc. For example, all information about the Moscow Foundation is posted on the website https://dkr.mos.ru.

Many residents are interested in the question, what does the regional operator of the fund for the overhaul of apartment buildings do and what are its functions? If we consider the problem in more detail, then its scope of activity includes the solution of the following housing situations:

• organization and financing of major repairs in residential buildings in a particular region;
• redistribution and accumulation of paid contributions for overhaul;
• formation of a list of houses that need a planned overhaul, according to the regional capital overhaul plan;
• approval of the regional program for the overhaul of apartment buildings and the timing of the repair;
• opening special accounts of the regional operator of capital repairs and making banking operations with them;
• implementation of the regional program for the overhaul of apartment buildings and technical orders aimed at carrying out repair work;
• interaction and cooperation with government agencies, the municipality, the Criminal Code in the housing sector.

Reference: the functions of the regional operator are officially listed in Art. LCD RF. The list is not exhaustive, as the law of the region may establish additional obligations and functions of the Fund.

Non-profit organization - Regional Fund for Capital Repairs of MKD

The law states (Art. LC RF) that the legal nature of this organization is exclusively non-profit.

This actually means that its activities are aimed only at performing specific housing functions, and not at making a profit.

Monthly contributions paid by tenants for the overhaul are used exclusively for the overhaul. repair work. Waste of money for other purposes is not allowed by law, based on the provisions of paragraph 3 of Art. 179 LCD RF.

Article 179 of the LC RF p3.

Funds received by the regional operator from the owners of premises in apartment buildings, forming capital repair funds on the account, accounts of the regional operator, can only be used to finance the cost of capital repairs of common property in these apartment buildings. The use of these funds for other purposes, including the payment of administrative and economic expenses of the regional operator, is not allowed.

The Regional Capital Repair Assistance Fund is not entitled to use the funds received even to cover administrative and other business expenses. Thus, their misuse is unacceptable, if you think from a legal point of view. The formation of the overhaul fund on the account of the regional operator occurs only at the expense of contributions from the state body-founder and payments from residents in accordance with Art. LCD RF. The financing of the organization is carried out in the manner indicated above.

This structure meets the requirements of a legal entity and was created in the form of a Foundation, which indicates the non-commercial nature of its functioning. This organizational and legal form does not imply doing business, since the basis of the Fund's activity is the achievement of a specific goal.

In this case the main objective is the organization and financing of overhaul. Organizations of this kind are prohibited from establishing any commercial institutions, representative offices and branches, therefore, only one organization deals with overhaul issues: a non-profit organization, the Fund is a regional overhaul operator.

Reference: conducting current repair residential buildings is not included in the activities of the Fund, as it is the prerogative of management companies.

Who creates it and how is the account formed?

The Fund is usually created by a body, subdivision, department, etc. subordinate to the Government of the subject. They are founders who carry full responsibility for his activities.

Each region may have a different founder. The founder for the city of Moscow is the Overhaul Department, which is also structural unit Government of Moscow, and in St. Petersburg the founder is the Government of the city, etc.

Usually, all information about the creation of an organization is indicated on the official website, which can be presented in the form legal documents, usual bank details or contact information.

After the creation of the regional fund, a bank account of the regional overhaul operator is formed, to which all funds are received. The specifics of the formation of such an account is usually indicated in regional acts.

For example, in Moscow, this is Government Decree No. 834-PP, which specifies in detail that a regional overhaul operator can open accounts for certain banking operations. As a rule, the Fund has several accounts:

• an account for spending and summing up funds received from owners;
• account for receipt of funds from the budget of the subject;
• other accounts opened in agreement with the Government.

All accounts are usually controlled by the Government and the founder. Information about the bank details of the organization is usually indicated on the official website of the Fund, so there is no problem to find out such information.

You can find out useful tips on forming a fund account by watching the video below:

Is it worth it to worry that the money goes to the cash desk of the whole city, and not just one house?

Many residents worry and resent the fact that they have to pay fees that will be used to repair other homes included in the regional capital renovation program. However, there is no point in worrying, because in any case, the organization sets the estimated time frame for the repair of each house.

This can be found on the official website of the Foundation, or on the portal public services by clicking on the special tab "Apartment, housing and communal services". There is the necessary information for each house number, so sooner or later a regional overhaul will be carried out in any residential complex.

Important! The Fund of the Regional Operator for the Overhaul of Common Property in the MKD assumes all the costs and burden of the overhaul, so residents do not need to worry about financial and organizational issues.

First of all overhaul is carried out by the regional operator in old houses, so the Fund initially includes them in a special regional program of major repairs, the house may be included in the program even earlier if it is badly worn out and needs to be improved performance characteristics, in this case, you can always contact the Fund, both personally and with the help of the management company.

If there is no confidence in the regional operator, then at any time you can open a special account in accordance with Article 173 of the LC RF. In this case, all funds will go to a certain deposit of a particular house, that is, other residential buildings will not be able to claim the accumulated funds located on a special account. However, in any case, the decision to carry out a major overhaul is made only by the Foundation, therefore, the residents will not be able to freely dispose of money and solve repair issues.

Reference: Another minus of the institution is special. accounts: all organizational issues of the overhaul fall on the shoulders of the apartment owners, and not on the Fund.

How to find out which operator is at home?

There is no difficulty in finding out your own regional operator, since the organization is the same throughout the territory of the subject. All information can be revealed in several ways:

• go to the official website of the Foundation on the Internet;
• see the name of the addressee in a single payment document;
• ask the representatives of the management company.

If the owner of the apartment lives in Moscow, then, accordingly, its regional operator is the Capital Repair Fund of Moscow. Each Foundation has its own official website where you can find all the important information. To do this, you just need to drive in the search line of the browser "overhaul fund" and the name of the city, region, region, autonomous region, etc.

Many tenants are also interested in the question: who serves the house? Is there a regional operator or a special account opened for the house? Similar information can also be found on the official website.

For example, on information resource The Moscow Fund contains a register of all houses whose residents have opened a special account. It's in the "Registers" tab. Similar information can be found on the official websites of organizations in other regions.

How is the tariff formed?

The collection of contributions for the overhaul of apartment buildings is formed by the regional operator based on the calculation fixed rate. It is set by regional authorities, so the rate will vary in each region. When it is approved, the government of the subject must follow guidelines specified in the Order of the Ministry of Construction No. 454 / pr. The document contains the necessary principles, foundations, formulas, according to which the tariff should be calculated. It is approved based on the following criteria:

• the need for houses to carry out major repairs;
• market price for repairs, materials and services;
• inflation rate, minimum wage;
• housing area.

The final rate for the Capital Repair Fund in the regions is usually approved by a special Decree of the Government of the subject. Fixed tariff for Moscow is 15 rubles per 1 m² total area housing. The dimensions of the total area are usually indicated in a single payment document, at the very bottom in small print, so it is not difficult to find out such information.

Important! The amount of contributions for overhaul is calculated very simply. The regional tariff is multiplied by the total S of housing. The amount received is the amount of the overhaul fee, so you can calculate it yourself.

Tariff for overhaul by regions

Each subject of the Russian Federation individually approves the tariffs for overhaul, therefore, the inhabitants of Russia pay different amounts of contributions to the regional operator. Usually every calendar year minimum amount contributions are being reviewed. The collection of contributions for overhaul by regions of the country for 2016-2017 can be seen in the table:

Region Tariff for 1 m²
Moscow 15 rubles
Moscow region 8 rubles 30 kopecks
St. Petersburg Depends on the type of building and the availability of elevators:

• panel house built after 1980 (2.74 rubles);
• brick house built after 1980 (2.8 rubles);
• panel "Khrushchev" (2.8 rubles);
• brick "Khrushchev" (2.62 rubles);
• "Stalinist" buildings without an elevator (2.34 rubles).

Leningrad region - 5 rubles 55 kopecks.
Ryazan Oblast- 6 rubles.
Tver region In 2016 - 6 rubles 30 kopecks; In 2017 - 6 rubles 60 kopecks.
Omsk region - 6 rubles 70 kopecks.
Krasnoyarsk Territory - 9 rubles 10 kopecks.
Krasnodar region- 5 rubles 32 kopecks.
Oryol region - 6 rubles 60 kopecks.
Rostov region- 6 rubles 40 kopecks.
Voronezh region - 6 rubles 60 kopecks.
Kaliningrad region - 5 rubles 90 kopecks.
Kaluga region: houses with an elevator - 7 rubles 71 kopecks.
Houses without an elevator - 6 rubles 76 kopecks.
Novosibirsk region - 6 rubles 10 kopecks.

How can a regional operator collect a fee?

The amount of fees for overhaul is usually contained in a single payment document and is summed up with other utility bills, but in some regions it is possible to issue separate receipts of a certain sample, which are paid by residents. WITH type specimen receipts can be found on the official website of the regional operator. Owners pay at bank terminals, at the checkout at the teller, or using the Internet.

The Fund does not have any authority to collect amounts for overhaul forcibly. In case of debt, the organization usually sends pre-trial claims, notifications with a request to make payment. If the owner continues to pay nothing, the Fund prepares documents for the court. Only after the trial and the entry into force of the verdict bailiffs forcibly collect the debt.

Important! For certain categories of citizens, benefits are provided for paying for commercial services and overhaul, therefore, in some cases, residents pay 50% of the amount of contributions, or they are completely exempt from payments, since this is compensated by the regional authorities in accordance with No. 176-FZ,.

Summing up, it must be said that the Capital Repair Fund is a really operating structure that collects monetary contributions for organizing capital repairs in residential buildings. All the necessary information about such a Fund is contained on the official website. The organization began functioning not so long ago, so it is too early and premature to talk about its effectiveness.

Useful video

Learn more about how the Capital Improvement Fund works in the video below:

The capital repair fund for the common property of apartment buildings in Russia is created in every apartment building, and this is not news.

The exceptions are houses in disrepair, as well as those buildings that are state property.

But not every tenant of an apartment building realizes that What is a Capital Improvement Fund?.

What funds exist?

Division into federal and regional fund allowed citizens to significantly ease the burden of fees Money for overhaul. Let's see why.

Federal

Federal Capital Repair Fund - it is a completely state structure. The fund is filled with funds from the budget of our country.

As a rule, finances are sent to the account of this fund, which are called upon to participate in the program for the overhaul of apartment buildings.

This fund selectively finances annual plans individual cities for major repairs.

Regional

Regional fund (non-profit organization - capital repairs fund) is formed through the budget of the subject and is designed to function in accordance with the regional and regional programs for the overhaul of apartment buildings.

This fund allocates funds to local administrations, which themselves distribute them in accordance with the existing plan for the year, increasing one or another fund of a single apartment building.

Taken together, the above two funds are direct evidence of the operation of federal programs, both at the state and local levels.

The difference between commercial and non-commercial operators

At the time of delivery of the house, the tenants face the question, where exactly to create an apartment building fund. There are many credit institutions, and there are no clear recommendations in the Housing Code.

On this issue, we can give you some practical advice.

The management company has no right to help you create a fund funds for repairs. Only homeowners associations or housing cooperatives are authorized to do this.

Therefore, if you are served by a management company, the tenants will have to solve this problem on their own.

But do not rush to trust the HOA and housing cooperative. As a rule, these organizations serve several houses at once, and it is quite possible that they have created one common fund for several buildings at once.

For some, this situation may seem beneficial, for example, for the same employees of managing organizations, because in the total amount of money, something can be easily put into your pocket. But for you, as for the tenants of a newly commissioned house, this state of affairs is disastrous.

Older houses will be repaired with your money and over time, it is far from a fact that when you need a major overhaul, there will be enough funds in the account. Therefore, create a separate fund from the rest.

Next comes the choice, create it in commercial organization(accumulative bank account), or use the services of a regional operator (NGO fund for the overhaul of the common property of apartment buildings) on issues of overhaul.

There are many benefits to having a bank account.. Firstly, interest accrues to your amount, which of course is not so much, taking into account inflation, but still, a few years before the overhaul, you can receive a good amount of accrued interest as a reward.

Besides, You can always get a loan from a bank at a reduced rate. interest rate if you don't have enough money for a major overhaul.

The bank has a clear settlement system, and you can always check when the representative managing organization could use the account, in what amount and for what purposes.

Also, money can be withdrawn from a bank account not only for the needs of capital repairs. For example, if it is determined at a general meeting by residents that they want an additional playground, painting the walls in a new color, and so on, funds for all these wishes can be withdrawn from the overhaul account.

WITH regional representative everything is a little more complicated. He issues funds directly to the state body only after providing an estimate and a plan, which states that a major overhaul of a separate house is planned in the near future.

The regional representative (NO fund for the overhaul of the common property of apartment buildings) does not report on expenses. It also doesn't charge interest.

However, it is he who carries out the procedure for transferring funds to a state body and gets acquainted with the estimate. If necessary, it identifies errors and shortcomings.

How is the fund formed?

The fund for the overhaul of MKD is not replenished by itself. This involves a certain circle of people who are interested in carrying out repair work.

Tells us about who makes contributions to this fund, as well as how funds are formed in this structure.

The first and mandatory payers are persons living in an apartment building and being owners. They pay contributions for the overhaul of housing every month.

Amount of contributions from each individual apartment is individual, because it is calculated depending on the total footage.

The second category of citizens, who also help to form the capital repair fund at home, are defaulters. As a rule, the law in Article 155 of the Housing Code applies fines to persistent non-payers, which grow from month to month.

In the end, the court obliges the defaulter to pay off the debt one-time, and may also apply other sanctions. The money collected in excess from the defaulter also falls into the capital repairs fund.

Third cash flow formed from subsidies and subsidies body local government, which can help with money under one of the regional programs (regional or federal capital repair assistance fund).

Owners who want to quickly start major repairs, but are forced to wait due to lack of funds, can also make an additional contribution by taking out a loan or reporting their own funds.

How are his actions controlled?

Actions to fill the fund for overhaul, as well as to spend money, controls a number of institutions.

First of all, control should be carried out by the bodies of the HOA and housing cooperatives. But since the percentage of trust in these organizations is not always high, residents do not rush to representatives of management companies for clarification about expenses.

Control over the funds is carried by the organizations in which the funds are located - these are banks or regional operators. They cannot give money from the fund to someone who is not clear and without clarifying the purpose.

Therefore, commercial and non-profit organizations ensure that only persons established by law have access to the fund.

Local government also controls costs from the renovation fund. It is local governments that draw up an estimate of work together with the management company, and it is the final amount according to the estimate that banks issue to state bodies.

But, unfortunately, sometimes the cost of services and works according to the estimate is greatly overestimated, which can lead to a waste of money not for the main purposes of the repair.

In this case, if the tenants do not agree with the estimate and with the expenses that have already been made according to the estimate, Owners apply for help to the Housing Inspectorate. It is she who must assess whether the suspicions of the tenants are legitimate or not and bring the perpetrators to justice.

Another instance capable of achieving justice is the court., but only in the most extreme cases they apply there with a statement of claim.

Judicial practice shows that the highest percentage of charges government agencies and organizations in waste.

Major repairs are a must. not just individual organizations. Residents themselves must also know and understand what and where it comes from.

Only in this case, we can say that the overhaul will be excellent.

The overhaul fund in Russia is considered in two different concepts - as a set of funds accumulated in special accounts for overhaul, and non-profit organizations created to manage and dispose of these financial receipts. Currently, the overhaul of multi-apartment buildings is possible only through the use of funds from this fund.

What it is

Article 170 of the Housing Code of the Russian Federation discloses the concept and methods of formation of overhaul funds, which recognize the totality of the following financial receipts:

• monthly transfers (contributions) for overhaul from the owners of residential premises of multi-apartment buildings (the amount of payments is approved at the regional level, taking into account the minimum allowable tariff);
• penalties imposed for untimely transfer of contributions by citizens;
• bank interest accrued by a credit institution on funds received and placed on special settlement accounts;
• income received from the placement and use of funds on special accounts;
• means of financial support from various budgetary and non-budgetary sources;
• borrowed funds attracted to co-finance the overhaul, including to increase the object of repair work.

Control over the filling of the specified fund is carried out by the regional operator, or by the owners of residential premises themselves (if they have decided to directly manage the special account for overhaul).

The procedure for the formation and management of the fund

By general rule, control over the timeliness of receipts to the overhaul fund, and the correctness of their targeted spending, is carried out by the regional operator. The mandate of this NPO includes:

1. sending payment documents to the owners of residential premises on the transfer of monthly contributions, including through the conclusion of agreements with management companies;
2. application of enforcement measures against non-payers (for this, documents are sent to judicial institutions and the FSSP service);
3. placement of funds received on a special account in various financial instruments to generate income (possible areas of investment are strictly stipulated by law);
4. selection of contractors for overhaul and transfer of funds from the fund to them (transfer of 30% of the contract in the form of an advance payment is allowed);
5. application of penalties to unscrupulous contractors by collecting legal process, and crediting them to a special account.

The overhaul fund can be spent only for strictly specified purposes - carrying out repair and restoration work on multi-apartment buildings. At the same time, federal and regional legislation regulates mandatory and additional lists the specified works.

List expansion compulsory works, which can be paid at the expense of the overhaul fund, can be carried out by decision of the regional authorities. For this, an increased amount of monthly contributions from the owners of residential premises may be established. If the overhaul fund is formed on a special account opened by decision of the owners of housing in apartment buildings, the expansion of the list of works will also take place after approval at the general meeting.

In addition to the management of the overhaul fund by a regional operator, legislative acts allow the transfer of all incoming funds to a special account opened by homeowners. To do this, they need to general meeting and approve a number of legally significant decisions:

• on the transition to this method of forming the capital repair fund;
• on the choice of a credit institution in which the account will be opened;
• on the amount of monthly transfers (contributions) at the expense of which the fund will be formed;
• on the procedure for monitoring the timeliness of the transfer of contributions.

Note! Owners can change the way the overhaul fund is formed only upon full repayment of the debt. After the transition to the use of their own special account, the duty to collect debts from non-payers of contributions will be assigned to the council of tenants, management company or HOA (the choice of these options is indicated in the decision of the apartment owners).

Article 170 of the Housing Code of the Russian Federation provides an important rule for the formation of a capital repair fund - after reaching the minimum required amount of funds for repair and restoration work, residents may decide to suspend the transfer of contributions. This condition will not apply to non-payers who are obliged to fully fulfill their obligation.

The housing stock reform program in the Russian Federation provides for the functioning of a system of regional operators, which are registered as legal entities. According to the legal form, the regional operator is non-profit organization, A entrepreneurial activity entitled to engage only in the achievement of the main profile goals.

In addition to the authority to control the correctness and timeliness of collecting payments from citizens, the Capital Repair Funds form regional lists of multi-apartment buildings to be repaired in order of priority. These lists are approved at the level of the constituent entities of the Russian Federation and are the basis for holding a tender for the selection of contractors.

All funds of the overhaul fund, which are managed by the regional operator, not only have a strictly designated purpose, but are also protected by the state from arrest or forcible withdrawal. The only case when there may be problems with spending funds from a special account is the bankruptcy of a banking institution, however, even under such circumstances, the state guarantees the integrity of the finances of the overhaul fund.