The owner of the apartment makes repair in the general corridor. Repair in the entrance of an apartment building - the obligation of the management company or the initiative of residents? Who should make repairs and who pays it? What the Law says

In apartment buildings, as a rule, there are large-scale common corridors in which owners would like to install partitions and use this space with benefits for themselves. BN prepared tips how to do it legally.

In most cases, residents want to extinguish and use in their own interests that part of the total hall or corridor, which directly adjoins the apartment. We note immediately, the right to such actions is available only by the owners of the housing. It is enshrined in Articles 36 and 37 of the Housing Code of the Russian Federation. However, even the owners take advantage of their legal right is not as simple: there are many legal nuances.

Where to begin?

Although in Articles 36 and 37 of the LCD of the Russian Federation, it is argued that generalic property belongs to all owners of housing, the first thing is to carefully examine the charter of the HOA, the HCC or the contract with the management company. From these documents, it may be found out that stairs, halls, attics, basements, house territory and other property transferred from the consent of residents to the operational management of the serving organization. That is, it has the right to extract income such objects. In such a situation, it will be necessary to apply to the Board of the HOA, the ECCR or the Criminal Code. Their representatives will determine, under what conditions you can install the partition and "Cut" additional area. But, most likely, for use, it will have to pay a monthly rent.

If the management organization is not enshrined the right of operational disposal of general awareness, then take payments from the owner for its use (in contrast to its maintenance) no one has the right. But in the event that the HOA, the HSSCs or the Criminal Code considers that the area of \u200b\u200bthe corridor, which you want to disperse, exceeds you by the law in the law in the general purpose property, will have to pay. How many meters it is assumed to you, we will tell in the second council.

And, of course, after studying the Charter of HOA, the HSSC, or the management agreement with the Criminal Code, it is desirable to contact these organizations and report its intention to establish a partition.

Tip №1

Often, the HOA, the HSSC, the Criminal Code refuse to install the door in the general corridor under the pretext of the fact that the allocation of a share in the total ownership of the MKD is prohibited by the Civil Code of the Russian Federation. So, extinguishing part of the corridor, you do not become the owner of this area, and get it to use

We die appetites or negotiate with the neighbors

If the hall is large enough, then most citizens have a temptation to exist to the maximum spaces and use it for their own purposes - to place there old furniture, equipment, bicycle, moped, etc. But you must 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 on the use of a part of the common property of the house proportional to the area of \u200b\u200bthe apartment. And if you "captured" other square meters, then the rest of the owners of housing can make claims and demand a monetary compensation or a monthly rental fee of "Exceptions". Some fundamental citizens, especially if they are supported by the leadership of the HOA, the ECC, CK, and can make a lawsuit for you at all.

So be sure to negotiate with the owners of the closest apartments and try to make your neighbors with our like-minded people. If you are able to convince them, then they will agree to take over the cost of installing the door, and the territory will be able to extinglerate.

Help BN

How many square meters in the corridor can be distressed

Calculate this figure by non-specialists is extremely difficult, which is why conflicts arise. In practice, in a number of HOA and the HCD, it is proposed to use the following formula. The total area of \u200b\u200bthe corridor is multiplied by the area of \u200b\u200byour housing. Then the resulting digit is divided into the total area of \u200b\u200ball apartments on your floor. This will be the size of your "corridor" lobe. Specific data on all areas can be found in the board of the HOA, the ECC, the Criminal Code. However, as the consultant of the Commission on Real Estate Society of Consumers of St. Petersburg and the Leningrad Region Anna Gorbenko, this formula, if consent to the neighbors is not achieved, can be easily challenged in court.

Tip №2.

As a rule, the inhabitants of two or three extreme apartments are negotiated about the installation of the door at the end of the common corridor on the same floor. It can significantly increase the size of the area you want to disappear

We inspect the corridor: Caution, counters!

Quite often conflicts with neighbors arise in the event that you are going to upset part of the corridor, where the electrical protection for all apartments is located on the floor (without metering devices). In this case, the residents can disagree with your plans can refer to the lack of access to public equipment. But their claims are unreasonable: from the point of view of the law, only a certified electrician can only be serviced. And in case of emergency situations, he only needs to provide access to equipment.

It is quite another thing if there are accounting devices in the distribution shield. Then ensure access to the meters is a completely legal requirement of owners. But here there is a way out here, although it will be wrapped with additional trips for you, the metering devices can be reinstalled in apartments. There is a cheaper option - make duplicates from the input keys and transfer them to neighbors whose counters were behind your door.

The most difficult situation is when the fire crane is located in the corridor. Representatives of the fire inspection usually categorically forbid such objects. But here there is a way out. For example, you can install a door with a glass insert, which is easy to smash in case of danger and provide access to the fire crane.

The problem is allowed to be easier if you have a concierge in your entrance. Then he is transferred to storage spare keys from the door.

Tip number 3.

Carefully inspect the corridor, pay attention to the distribution shield, counters and fire crane. Try to find a compromise with your neighbors to turn on these objects into the covered territory.

Organize correspondence assembly of owners

If you do not want in the future legal proceedings with the HOA, the ECC, the Criminal Code or other owners who consider the installation of the door illegal, then before its installation it is necessary to organize the general meeting of the owners of an apartment building. This, of course, will turn to the loss of time and nerves for you. But if the meeting decision will come into force, no one will continue to present you complaints.

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

In the agenda, you can include not only specifically your question, but also other problems that worry the tenants. You should notify all apartment owners for ten days. You can do this by a custom letter with the delivery notice (which will fly into a penny), or post information on the stand on the first floor. Then, on a certain day, send documents with the text of questions to other residents, pointing to what date (usually, it is several days) they can express their opinions. After that, it is worth walking around apartments and collect paper. "For" a positive solution to your question must be given more than 50% of the vote.

Tip number 4.

According to the Housing Code, the issue of using common property is solved exclusively at the general meeting of the owners of an apartment building. Otherwise, you violate the law and should be prepared for the relevant consequences.

According to the Company of Consumers of St. Petersburg and the Leningrad Region, about 90% of partitions in general corridors of houses are now established with those or other violations of legislation. In 30% of cases, their installation was challenged or now disputed in court.

So, if you act on your own risk and did not enlist the decision of the General Meeting of the residents, be prepared for the fact that at any time you may receive notification from the partition of the HOA, the ECC or the MC with the requirement to dismantle the installed door. If you do not do this, then organizations engaged in the house may apply to the court. And if he falls on their side, then you will be lifted at your own expense to eliminate the partition. Serious problems may arise in the event that you suddenly want to sell an apartment. The door will have to either dismantle or still carry out a general meeting of residents and receive permission to install post-non-phactum partition.

The common corridor is the face of each communal apartment. And not only - after all, such corridors, different forms and sizes there are almost all apartment buildings. Its appearance directly depends on who lives there. It is an indicator of relationships, the material situation and the worldview of residents. All common areas are used. Shoes, outerwear, bicycles and baby carriages - you never know what could be in the general corridor ...

As a rule, the repair of the common corridor is made several times less frequently than in each apartment separately. This is due to the fact that during the repair it is necessary to remove all things, negotiate among themselves about who and where will buy materials for repair, which materials it will be, help each other and share costs, search for a compromise in the choice of colors. Among other things, you need to find the tools required for repair. Here you can make an analogy with the construction of the Babylonian tower. It is possible only until all participants speak the same language.

Perhaps the history of our repair in the general corridor will be useful to you.

Initially, we understood that the overhaul was not pulled out. First, it is quite expensive and secondly - a long process. We chose a modest cosmetic repair, by agreement with neighbors. Materials for repair gathered together. We acquired a linoleum and perforated corner. From our repair, we still have plaster and cement with sand, as well as - plinth, putty and mounting foam. Neighbors have provided a special electrical mixer for the preparation of building solutions and mixtures, screws and dowels. We are your screwdriver and shock drill. Neighbors - paint for walls. And we had a kel for her.

Started with the fact that all things were removed from the corridor. Then - thoroughly blended the ceiling: we did not touch it. The spatulas were removed from the walls of the paint, removed the crepe plaster. They saw all the cracks, laid down and tent on all the collapsing parts of the walls and the ceiling. Disabled all shoals under the "corner". Gave all this to dry. Then - sandwicked with a skirt.

Replaced the old lamps with new daylight lamps (good, we had plenty of them - left after a culinary workshop!) In the replacement of lamps, special thanks to the neighbors! We would not cope with us.

At the invitation from the housing department, electricians removed the old unnecessary and non-working electricity meter. (New hung in the common kitchen). Under the shum, we all together changed the doors to our apartments. After you went out and thoroughly washed the old wooden boardwalk, let him dry.

The paint for the walls - acrylic, turned out to be very high-quality, it not only easily lay down on the old oil paint, but also perfectly rests, does not dock clothes, not erased. Among other things, I advise it to everyone - as it doesn't smell at all. The colover for us was the two banks of a simple poster gouache. If your children draw - you will not need to buy a special keyboard. The paint was applied with two fur rollers: large and small. In order to ensure that the edge of the painted wall was smooth - the tape has previously glued.

The slots in the wooden floor poured by the mounting foam. They gave her to dry and neatly cut off the surplus. Linoleum was spread and cut off. After a day, cut again - all according to the classic scheme. Then - the plinth attacked, in the entrances to the room - the linoleum fastened the aluminum thresholds planks.

The budget for the repair of the general corridor was modest, and the result is just wonderful. You enter, and immediately felt - here the neighbors respect and appreciate each other.

Residential buildings and premises periodically need repairs. Sometimes it is possible to do with the repair of cosmetic, and sometimes there is a need to make a cardinal solution of problems, in this case you have to resort to the repair of capital. Overhaul is much more complicated, more and more expensive than cosmetic, in this case it often has to change bulky structures, such as the doors of the elevator, the elevator cabins themselves, sometimes even have to replace the stairs, railing, handrails, lamps. In this case, without the help of professionals can not do. In Moscow, St. Petersburg, and other major cities there are mass of firms providing repair services, the main thing is to choose the right company and correctly relate the concept of price and quality. Typically, such firms themselves determine the scale of repair and coordinate it with the customer. Repair may be subject to everything without exception, something can be replaced, to correct something, it depends on the degree of destruction. Recently, the problem of vandalism has emerged in public areas. Only installed lamps or elevator call buttons, apartment calls, can disappear on the next day. In this regard, it is recommended to acquire and install anti-vandal structures. But start in order:
1. If there is a need to repair the staircase, then there may be several options. If the stairs were cracked, too worn out, which can be dangerous for the life and health of residents at home, they should be replaced. Replacing modern, iron - concrete, staircases, it is a heavy and long procedure. Services for the repair of stairs and staircases in Moscow, provide organizations such as "Via - Artstroy", "Athena", "White Kalitva". The cost of replacing stairs will be from 70,000 to 90,000 for the span. When replacing stairs replace the railings together with the handrails, it is included in the total cost. But if the stairs are not too worn and do not pose a threat to the health of tenants, the staircase and the stairs themselves can be chopped by ceramic tiles, it is practical and aesthetically. The tile serves a long time and gives a pleasant look to the stairs, in this case the cost of repairs will be from 1500 to 3000 per square meter. m., the price mainly depends on the quality of the tile used and from the contumentant hired to repair.
2. When repairing corridors, a ceramic tile is also effectively used, it is a good replacement of previously used dry mixtures. During the repair of corridors, it is often necessary to replace old light bulbs and lamps. At the same time, it is advised to use energy-saving and anti-vandal light bulbs and lamps. Their cost is somewhat higher than the cost of such standard installations, but it justifies itself. Electricity costs are significantly reduced, and the risk of theft of these devices to minimize. Energy-saving and anti-bugs and lamps can be purchased at the enterprise "Cascade", while this enterprise provides services for the delivery and installation of electrical appliances. On average, the installation of an anti-vandal lamp with an energy-saving light bulb, in the Russian market will cost in the amount of 850 to 970 rubles. / PC.
3. If an elevator needs repair, then several options are also possible. First of all, the elevator doors are most often deposited, the replacement of elevator doors is, as well as the replacement of stairs, the long and time consuming process. Replacing the elevator doors are recommended for steel modules with anti-vandal installation, it will significantly extend the useful life of standard elevator doors. Lift doors can also be made with fireproof coating, in which case the cost of the doors themselves and their installation will be higher. The average cost of standard elevator doors in Russia is from 13,000 to 15,000 rubles, its installation will cost in the amount of about 7,000 rubles, the cost of delivery is standard 25-35 rubles. For each kilometer delivery.
4. Repair of elevator sites in content and price is similar to the repair of staircases. When repairing elevators, it often has the need to replace or set the elevator call buttons. Here, without an anti-vandal blocking installation, it is not necessary, since it is precisely such trifles that often become prey of vandals, which is why the tenants have to endure a lot of inconveniences. The average price of the purchase button of the elevator closer with an anti-vandal installation is about 250-500 rubles. /PC. Firms offering such buttons, usually provide services for their installation, the cost of which is from 200 to 350 rubles. In Moscow, such services are provided by the firm of LLC Electro-Impulse.
5. The replacement is often subjected to such a small, but the necessary part as the apartment call. At the moment, there are many models of apartment calls in the Russian market, these are wireless calls, and intercoms, and standard electromechanical calls, but all these models are most appropriate to acquire in the counter-execution, this has already been mentioned above. The cost of such calls is from 1500 to 3000. The installation is not complicated and can be carried out independently, but if the call is modified and requires a special appeal, you should contact the help of a professional. The cost of such a service is from 100 to 1200 rubles.
6. We often repair or complete replacement are loaded garbage valves. This is the necessary element in each apartment building. Reliable loading valve should not skip the unpleasant smell and insects to the room. It is necessary to carefully monitor the health of this design, as it ensures that general hygiene at home. If the boot valve is not repaired, it should be replaced. First of all, it is necessary to decide which valve to replace the old structure, as there are 2 main models of the loading valves, it is a traditional valve - bucket, which is more often subjected to malfunctions and jamming, this is associated with a feature of its design, which is based on ripples. The second model is a conceptually new solution, the valve - a hatch, it works on the basis of a magnetic attraction system that provides complete insulation, such a valve needs to be repaired, its useful exploitation is much larger than that of the traditional valve. The boot-cutting valve - the hatch can be purchased at a price of 5900 rubles, while the value of the valve - the hatch is 2200 rubles. The cost of installation in both cases is approximately the same, it is from 1000 to 1200 rubles, depending on the selected company.
Repair This is always serious, it brings a lot of trouble and inconvenience, in order to reduce all the problems to a minimum, we must carefully treat the choice of a contract to perform work.