The owner of the apartment is making repairs in the common corridor. Repair at the entrance of an apartment building - the responsibility of the management company or the initiative of the residents? Who should do the repairs and who pays for them? What the law says

In apartment buildings, as a rule, there are large common corridors in which the owners would like to install partitions and use this space to their advantage. BN has prepared tips on how to do it legally.

In most cases, tenants want to fence off and take advantage of that part of the common hallway or corridor that is directly adjacent to the apartment. We note right away that only homeowners have the right to such actions. It is enshrined in Articles 36 and 37 of the Housing Code of the Russian Federation. However, it is far from easy for owners to exercise their legal right: there are many legal nuances.

Where to begin?

Although Articles 36 and 37 of the Housing Code of the Russian Federation state that the common property belongs to all homeowners, the first step is to carefully study the charter of the HOA, housing cooperative, or an agreement with a management company. From these documents, it may become clear that stairs, halls, attics, basements, adjoining territory and other property were transferred, with the consent of the tenants, to the operational management of the service organization. That is, it has the right to extract income from the operation of such objects. In such a situation, it will be necessary to contact the board of the HOA, ZhSK or UK. Their representatives will determine on what conditions you will be able to install the partition and "cut" the additional area. But, most likely, you will have to pay a monthly rent to use it.

If the management organization does not have the right to promptly dispose of common property, then no one has the right to take payments from the owner for its use (as opposed to the cost of its maintenance). But in the event that the HOA, ZhSK or UK decides that the area of \u200b\u200bthe corridor that you want to enclose exceeds the share in the common property that is due to you by law, you will have to pay. How many meters you are entitled to, we will tell you in the second tip.

And, of course, after studying the charter of the HOA, housing cooperative, or a management agreement with the management company, it is advisable to contact these organizations and inform them of their intention to install a partition.

TIP # 1

Often HOA, ZhSK, UK refuses to install a door in a common corridor under the pretext that the allocation of a share in the common property of an apartment building is prohibited by the Civil Code of the Russian Federation. So, having fenced off part of the corridor, you do not become the owner of this area, but get it for use.

We moderate appetites or negotiate with neighbors

If the hall is large enough, then most citizens are tempted to fence off their spaces to the maximum and use it for their own purposes - to place old furniture, equipment, a bicycle, a moped, etc. there. But you must also take into account the interests of other residents, who also have the right to use the corridor. According to article 247 of the Civil Code of the Russian Federation, the owner has the right to provide for use a part of the common property of the house, proportional to the area of \u200b\u200bthe apartment occupied. And if you "captured" other people's square meters, then the rest of the home owners can make claims and demand monetary compensation or monthly rent for "surplus". Some principled citizens, especially if they are supported by the management of the HOA, ZhSK, Criminal Code, may even bring a lawsuit against you.

So be sure to talk with the owners of the nearest apartments and try to make the neighbors your like-minded people. If you can convince them, then they will agree to take on part of the cost of installing the door, and they will be able to fence off a larger area.

BN help

How many square meters in the corridor can be fenced

It is extremely difficult for non-specialists to calculate this figure, which is why conflicts arise. In practice, a number of HOAs and housing cooperatives suggest using the following formula. The total area of \u200b\u200bthe corridor is multiplied by the area of \u200b\u200byour home. Then the resulting figure is divided by the total area of \u200b\u200ball apartments on your floor. This will be the size of your "corridor" share. Specific data on all areas can be found in the board of the HOA, ZhSK, UK. However, as Anna Gorbenko, a consultant to the Real Estate Commission of the Society of Consumers of St. Petersburg and the Leningrad Region, notes, this formula, if agreement with the neighbors is not achieved, can easily be challenged in court.

TIP # 2

As a rule, the residents of two or three extreme apartments at the end of the common corridor on the same floor agree to install the door. This can significantly increase the size of the area you want to enclose.

We examine the corridor: carefully, counters!

Quite often, conflicts with neighbors arise if you are going to fence off the part of the corridor where the electrical panel is located for all apartments on the floor (without metering devices). In this case, residents who disagree with your plans may refer to the lack of access to common household equipment. But their claims are unfounded: from the point of view of the law, only a certified electrician can handle the maintenance of an electrical panel. And in case of emergency, he only needs to provide access to the equipment.

It is quite another matter if there are metering devices in the switchboard. Then providing access to the meters is a completely legal requirement of the owners. But here there is also a way out, although it will turn into additional expenses for you - metering devices can be reinstalled in apartments. There is a cheaper option - to make duplicates of the entrance keys and give them to the neighbors, whose counters were outside your door.

The most difficult situation is when there is a fire hydrant in the corridor. Representatives of the fire inspection usually categorically prohibit fencing such objects. But here, too, there is a way out. For example, you can install a door with a glass insert that is easy to break in case of danger and provide access to a fire hydrant.

The problem is easier to solve if there is a concierge at your entrance. Then the spare keys for the door are transferred to him for storage.

TIP # 3

Look closely at the corridor, notice where the switchboard, meters and fire hydrant are located. Try to find a compromise with your neighbors to include these objects in the fenced area

We organize an absentee meeting of owners

If you do not want future litigation with the HOA, ZhSK, UK or other owners who consider the installation of the door illegal, then before installing it, it is necessary to organize a general meeting of the owners of the apartment building. This, of course, will turn out to be a waste of time and nerves for you. On the other hand, if the decision of the meeting comes into force, no one will be able to make claims to you anymore.

It is necessary to hold a general meeting in absentia, since with the full-time option you are unlikely to collect a quorum (two-thirds of the total number of owners must be present).

The agenda can include not only your specific question, but also other problems that concern residents. You must notify all apartment owners ten days in advance of the meeting. This can be done by registered mail with delivery notification (which will cost a pretty penny), or by posting the information on the stand on the ground floor. Then, on a certain day, send documents with the text of questions to other residents, indicating by what date (usually several days) they can express their opinion. After that it is worth walking through the apartments and collecting papers. More than 50% of the votes should be given “for” a positive solution to your question.

TIP # 4

According to the Housing Code, the issue of using common property is decided exclusively at a general meeting of the owners of an apartment building. Otherwise, you are breaking the law and must be prepared for the corresponding consequences.

According to the Consumer Society of St. Petersburg and the Leningrad Region, about 90% of partitions in common corridors of houses are now installed with some kind of violation of the law. In 30% of cases, their installation was challenged or is now being challenged in court.

So, if you act at your own peril and risk and did not enlist the decision of the general meeting of tenants, be prepared for the fact that at any time you may receive a notification from the HOA, ZhSK or UK with the requirement to dismantle the installed door. If you do not, then home maintenance organizations can go to court. And if he takes their side, then you will be obliged to eliminate the partition at your own expense. Serious problems can arise even if you suddenly want to sell an apartment. The door will either have to be dismantled, or still hold a general meeting of residents and obtain permission to install the partition after the fact.

A common corridor is the face of every communal apartment. And not only - after all, there are such corridors of different shapes and sizes in almost all apartment buildings. Its appearance directly depends on who lives there. He is an indicator of relationships, financial situation and outlook of residents. This common area is used by everyone. Shoes, outerwear, bicycles and baby carriages - you never know what can be in the common corridor ...

As a rule, the repair of a common corridor is done several times less often than in each apartment separately. This is due to the fact that during the repair, you need to clean up all things, agree among themselves about who and where will buy materials for the repair, what materials they will be, help each other and share costs, look for a compromise in the choice of colors. Among other things, you need to find the tools you need to repair. An analogy can be drawn here with the construction of the Tower of Babel. It is possible only as long as all participants speak the same language.

Perhaps the history of our renovation in the common corridor will be useful to you.

Initially, we understood that we could not afford major repairs. Firstly, it is a very expensive and secondly - a lengthy process. We chose a modest cosmetic renovation, by agreement with the neighbors. Materials for the repair were collected together. We purchased linoleum and a perforated corner. From our repair, we still have plaster and cement with sand, as well as plinth, putty and polyurethane foam. The neighbors provided a special electric mixer for preparing mortars and mixtures, screws and dowels. We are our screwdriver and impact drill. Neighbors - wall paint. And we have found a color scheme for her.

We started by removing all the things from the corridor. Then they thoroughly swept the ceiling: we were not going to touch it. With spatulas, peeling paint was removed from the walls, and peeling plaster was removed. All the cracks were putty, plastered and cemented all the crumbling sections of the walls and ceiling. Brought all the jambs under the "corner". They let it all dry. Then - sanded with sandpaper.

We replaced the old lamps with new fluorescent lamps (Fortunately, we had plenty of them - they were left after the culinary workshop!) In replacing the lamps, special thanks go to the neighbors! We couldn't do it ourselves.

At the invitation of the housing office, the electricians removed the old unnecessary and non-working electricity meter. (The new one was hung in the shared kitchen). Under the guise, we all together changed the doors to our apartments. Then they swept out and thoroughly washed the old wooden plank floor and let it dry.

The wall paint is acrylic, it turned out to be of very high quality, it not only lay well even on the old oil paint, but also adheres perfectly, does not stain clothes, and does not wash off. Among other things - I recommend it to everyone - as it is completely odorless. Two cans of simple poster gouache served as a color scheme for us. If your children paint, you won't need to buy a special color scheme. The paint was applied with two fur rollers: large and small. In order for the edge of the painted wall to be even, adhesive tape was previously glued.

The cracks in the wooden floor were filled with polyurethane foam. They allowed it to dry and carefully cut off the excess. The linoleum was spread out and cut. A day later, they cut again - everything was according to the classical scheme. Then - the plinth was fixed, at the entrances to the rooms - linoleum was fixed with aluminum thresholds.

The budget for the renovation of the common corridor turned out to be modest, and the result was simply remarkable. You enter, and you immediately feel - here the neighbors respect and appreciate each other.

Residential buildings and premises periodically need repairs. Sometimes you can get by with cosmetic repairs, and sometimes there is a need for a radical solution to problems, in this case you have to resort to major repairs. Overhaul repairs are much more complicated, time-consuming and more expensive than cosmetic ones, in this case it is often necessary to change bulky structures, such as elevator doors, the elevator cabins themselves, sometimes even stairs, railings, handrails, and lamps have to be replaced. In this case, you cannot do without the help of professionals. In Moscow, St. Petersburg, and other large cities there are a lot of firms providing repair services, the main thing is to choose the right company and correctly correlate the concepts of price and quality. Usually such firms themselves determine the scale of the repair and coordinate it with the customer. Anything can be repaired without exception, something can be replaced, something can be corrected, it depends on the degree of destruction. Recently, there has been a problem of vandalism in public places. Only installed lamps or elevator call buttons, apartment bells, can disappear the next day. In this regard, it is recommended to purchase and install anti-vandal structures. But let's start in order:
1. If there is a need to repair the staircase, then there may be several options. If the stairs are cracked, too worn out, which can pose a danger to the life and health of the residents of the house, then they should be replaced. Replacing modern, iron - concrete, staircase structures is a difficult and time-consuming procedure. Services for the repair of stairs and staircases in Moscow are provided by such organizations as "Via - Artstroy", "Afina", "Belaya Kalitva". The cost of replacing stairs will be between 70,000 and 90,000 per span. When replacing the stairs, the railings are also replaced with the handrails, this is included in the total cost. But if the stairs are not too worn out and do not pose a threat to the health of residents, then the staircase and the stairs themselves can be covered with ceramic tiles, it is practical and aesthetically pleasing. The tile serves for a long time and gives a pleasant appearance to the stairs, in this case the cost of repairs will be from 1500 to 3000 per sq. m., the price mainly depends on the quality of the tiles used and on the contract hired for the repair.
2. When repairing corridors, ceramic tiles are also effectively used, this is a successful replacement for previously used dry mixes. During the repair of corridors, it is often necessary to replace old bulbs and lamps. In this case, it is advised to use energy-saving and vandal-proof bulbs and lamps. Their cost is slightly higher than the cost of similar standard installations, but it justifies itself. Energy costs are significantly reduced and the risk of theft of these appliances is minimized. Energy-saving and vandal-proof bulbs and lamps can be purchased at the LLC "Kaskad" enterprise, while this company provides services for the delivery and installation of electrical appliances. On average, the installation of an anti-vandal lamp together with an energy-saving light bulb in the Russian market will cost from 850 to 970 rubles / piece.
3. If the elevator needs to be repaired, then there are also several options. First of all, lift doors are most often exposed to wear, replacing lift doors is, as well as replacing stairs, a long and time-consuming process. It is recommended to replace lift doors with steel modules with anti-vandal installation, this will significantly extend the useful life of standard lift doors. Lift doors can also be made with a fireproof coating, in which case the cost of the doors themselves and their installation will be higher. The average cost of standard lift doors in Russia is from 13,000 to 15,000 rubles, its installation will cost about 7,000 rubles, the cost of delivery is the standard 25-35 rubles. for every kilometer of delivery.
4. Repair of elevator platforms in terms of content and price is similar to the repair of staircases. When repairing elevators, it is often necessary to replace or install elevator call buttons. Here, one cannot do without an anti-vandal blocking installation, since it is such little things that often become the prey of vandals, which is why residents have to endure a lot of inconveniences. The average purchase price of an elevator call button with an anti-vandal installation is about 250-500 rubles. /PCS. Firms offering such buttons usually provide services for their installation, the cost of which ranges from 200 to 350 rubles. In Moscow, such services are provided by the company Electro-Impulse.
5. Such a small but necessary detail as an apartment bell is often subject to replacement. At the moment, there are many models of apartment bells on the Russian market, these are wireless calls, and intercoms, and standard electromechanical calls, but it is most advisable to purchase all these models in an anti-vandal version, this was already mentioned above. The cost of such calls ranges from 1,500 to 3,000. Their installation is not difficult and can be done independently, but if the call is modified and requires special handling, you should seek professional help. The cost of such a service ranges from 100 to 1200 rubles.
6. Trash loading valves are often repaired or completely replaced. It is a necessary element in every apartment building. A reliable loading valve should keep unpleasant odors and insects out of the room. It is necessary to carefully monitor the serviceability of this structure, since it is she who provides the general hygiene of the house. If the loading valve cannot be repaired, it should be replaced. First of all, it is necessary to decide which valve to replace the old design with, since there are 2 main models of loading valves, this is a traditional valve - a bucket, which is more often subject to malfunctions and seizures, this is due to its design feature, which is based on rivets. The second model is a conceptually new solution, the valve is a hatch, it works on the basis of a magnetic-pull system, which ensures complete isolation, such a valve needs repair much less often, its useful life is much longer than that of a traditional valve. The boot trash valve - hatch can be purchased at a price of 5900 rubles, while the cost of the valve - hatch is 2200 rubles. The cost of installation in both cases is approximately the same, it ranges from 1000 to 1200 rubles, depending on the chosen company.
Repair is always serious, it brings a lot of trouble and inconvenience, in order to reduce all problems to a minimum, you must carefully consider the choice of the contract for the work.

More details about the repair.

In most cases, tenants want to fence off and take advantage of that part of the common hallway or corridor that is directly adjacent to the apartment. We note right away that only homeowners have the right to such actions. It is enshrined in Articles 36 and 37 of the Housing Code of the Russian Federation. However, it is far from easy for owners to exercise their legal right: there are many legal nuances.

Where to begin?

Although Articles 36 and 37 of the Housing Code of the Russian Federation state that the common property belongs to all homeowners, the first step is to carefully study the charter of the HOA, housing cooperative, or an agreement with a management company. From these documents, it may become clear that stairs, halls, attics, basements, adjoining territory and other property were transferred, with the consent of the tenants, to the operational management of the service organization. That is, it has the right to extract income from the operation of such objects. In such a situation, it will be necessary to contact the board of the HOA, ZhSK or UK. Their representatives will determine on what conditions you will be able to install the partition and "cut" the additional area. But, most likely, you will have to pay a monthly rent to use it.

If the management organization is not assigned the right to promptly dispose of common property, then no one has the right to take payments from the owner for its use (as opposed to the costs of its maintenance). But in the event that the HOA, ZhSK or UK decides that the area of \u200b\u200bthe corridor that you want to enclose exceeds the share in the common property that is due to you by law, you will have to pay. How many meters you are entitled to, we will tell you in the second tip.

And, of course, after studying the charter of the HOA, housing cooperative, or a management agreement with the management company, it is advisable to contact these organizations and inform them of their intention to install a partition.

We moderate appetites or negotiate with neighbors

If the hall is large enough, then most citizens are tempted to fence off their spaces to the maximum and use it for their own purposes - to place old furniture, equipment, a bicycle, a moped, etc. there. But you must also take into account the interests of other residents, who also have the right to use the corridor. According to article 247 of the Civil Code of the Russian Federation, the owner has the right to provide for use a part of the common property of the house, proportional to the area of \u200b\u200bthe apartment occupied. And if you "captured" other people's square meters, then the rest of the home owners can make claims and demand monetary compensation or monthly rent for "surplus". Some principled citizens, especially if they are supported by the management of the HOA, ZhSK, Criminal Code, may even bring a lawsuit against you.

So be sure to talk with the owners of the nearest apartments and try to make the neighbors your like-minded people. If you can convince them, then they will agree to bear part of the cost of installing the door, and it will be possible to fence off a larger area.

We examine the corridor: carefully, counters!

Quite often, conflicts with neighbors arise if you are going to fence off the part of the corridor where the electrical panel is located for all apartments on the floor (without metering devices). In this case, residents who disagree with your plans may refer to the lack of access to common household equipment. But their claims are unfounded: from the point of view of the law, only a certified electrician can handle the maintenance of an electrical panel. And in case of emergency, he only needs to provide access to the equipment.

It is quite another matter if there are metering devices in the switchboard. Then providing access to the meters is a completely legal requirement of the owners. But here there is a way out, although it will turn into additional expenses for you - metering devices can be reinstalled in apartments. There is a cheaper option - to make duplicates of the entrance keys and give them to the neighbors, whose counters were outside your door.

The most difficult situation is when there is a fire hydrant in the corridor. Representatives of the fire inspection usually categorically prohibit fencing such objects. But here, too, there is a way out. For example, you can install a door with a glass insert that is easy to break in case of danger and provide access to a fire hydrant.

The problem is easier to solve if there is a concierge at your entrance. Then the spare keys for the door are transferred to him for storage.

We organize an absentee meeting of owners

If you do not want future litigation with the HOA, ZhSK, UK or other owners who consider the installation of the door illegal, then before installing it, it is necessary to organize a general meeting of the owners of the apartment building. This, of course, will turn out to be a waste of time and nerves for you. On the other hand, if the decision of the meeting comes into force, no one will be able to make claims to you anymore.

It is necessary to hold a general meeting in absentia, since with the full-time option you are unlikely to collect a quorum (two-thirds of the total number of owners must be present).

The agenda can include not only your specific question, but also other problems that concern residents. You must notify all apartment owners ten days in advance of the meeting. This can be done by registered mail with delivery notification (which will cost a pretty penny), or by posting the information on the stand on the ground floor. Then, on a certain day, send documents with the text of questions to other residents, indicating by what date (usually several days) they can express their opinion. After that it is worth walking through the apartments and collecting papers. More than 50% of the votes should be given “for” a positive solution to your question.

According to the Consumer Society of St. Petersburg and the Leningrad Region, about 90% of partitions in common corridors of houses are now installed with some kind of violation of the law. In 30% of cases, their installation was challenged or is now being challenged in court.

So, if you act at your own peril and risk and did not enlist the decision of the general meeting of tenants, be prepared for the fact that at any time you may receive a notification from the HOA, ZhSK or UK with the requirement to dismantle the installed door. If you do not, then home maintenance organizations can go to court. And if he takes their side, then you will be obliged to eliminate the partition at your own expense. Serious problems can arise even if you suddenly want to sell an apartment. The door will either have to be dismantled, or still hold a general meeting of residents and obtain permission to install the partition after the fact.

Text: Svetlana Kovalenko Photo: Alexey Alexandronok