NORMATIVE REGULATION OF APARTMENT BUILDING MANAGEMENT

Вестник МГСУ 4/2012
  • Demin Aleksandr Vasil'evich - Moscow State Academy of Municipal Engineering and Construction (MSAMEC) City Center for Residential Housing Subsidies Associated Professor, Candidate of Technical Sciences, Department of Municipal Services, Director, State Authority of the City of Moscow, +7 (495) 737-41-02, Moscow State Academy of Municipal Engineering and Construction (MSAMEC) City Center for Residential Housing Subsidies, Building 2, 2 Malaya Sukharevskaya Square, Moscow, 127794, Russian Federation; Этот e-mail адрес защищен от спам-ботов, для его просмотра у Вас должен быть включен Javascript .

Страницы 204 - 2013

The article covers essential legal and structural transformations designated to boost the development of the system of management of housing resources of the Russian Federation. The housing sector has not taken advantage of the competitive environment to foster the housing management and maintenance systems, as no rigorous contractual relations may be established absent of regular and sufficient funding. The equity ownership to the common property of an apartment house gave rise to new legal relations and to the alteration of the function of the real estate management. According to the legislation of the Russian Federation, no owner of any item of residential or nonresidential property can independently manage the common property in a residential housing building, as it is inseparable from other premises of apartment buildings; therefore, it cannot be the subject of an independent agreement.
The article also covers the method of apartment building management, or the choice of a new system of legal relations. Unfortunately, the legislator does not provide any legal properties of the management agreement; therefore, it shall be considered as a mixed agreement. Consummation of any legal act may involve three options of its implementation. The law may introduce new relations, whereby any prior relations are cancelled, the law may require any prior relations to be transformed to comply with the law, or the law may introduce a transitory period. Transformation of existing legal relations aimed at the assurance of their compliance with the new law means introduction of changes and amendments into existing contractual relations. For example, particular contractual relations are to be documented in writing, other terms of agreements are to be altered, new dates or liabilities may be introduced, contractual payment procedures may be changed, etc. This approach assures a smooth, gradual and leap-free reform to prevent the mistakes the consequences of which will affect the population.

DOI: 10.22227/1997-0935.2012.4.204 - 2013

Библиографический список
  1. Resolution of the Government of Moscow of September 19, 2006, no. 710-RR ‟About the Provision of Subsidies to Cover Residential Housing Charges and Utility Payments in the City of Moscow”.
  2. Resolution of the Government of the Russian Federation of December 14, 2005, no. 761 ‟About the Provision of Subsidies to Cover Residential Housing Charges and Utility Payments”.
  3. Federal Law of December 30, 2004, no. 210-FZ ‟About the Fundamentals of Tariff Charges Due and Payable to Municipal Enterprises”.
  4. Resolution of the Government of Moscow of January 11, 1994 ‟About the Transition to the New System of Payment of Residential Housing Charges and Utility Payments, and the Procedure of Provision to Citizens of Subsidies to Cover Residential Housing Charges”.
  5. The Housing Code of the Russian Federation.
  6. Resolution of the Government of the Russian Federation of July 1, 2002, no. 490 ‟On the Experiment for the Application of the Economic Reform Model in the Sector of Residential Housing and Utilities”.
  7. Federal Law of July 21, 2007, no. 185-FZ ‟About the Fund Facilitating the Reform of Residential Housing and Utility Sectors”.

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