Dmitry Burnashev
lawyer,
private practice
The crisis caused political “dispute” has affected not so much politicians, oligarchs and ordinary citizens.
Money is sorely lacking, and here the utility sued for non-payment of services.
How to reduce the costs associated with resolving the situation. How to protect themselves in court without lawyers.
These and other related questions that we asked a lawyer from the city of Stavropol Dmitry Burnashev.
So, management company, HOA or other organization sued for non-payment of housing and communal services.
We will consider the main points that you should pay attention to minimize the errors and to avoid unjustified court decisions.
Q. Over what period can demand payment of the debt, whether there are any restrictions?
O. and of Course there is the first thing you need to pay attention to is the period for which the claimant asks to collect debts.
The fact that there is such a thing as the Statute of limitations is the time period for protection of a right on suit of the person whose right has been violated. For disputes on recovery of debts for utility services it is three years.
In other words, workers have the right to charge You for the amount owed for the previous three years.
If You have debts more than three years, you must apply for the application of the Statute of limitations.
It is possible to submit an application in writing or at a preliminary hearing to voice it.
And of course it is better to bring to a preliminary hearing in writing the petition and to voice it.
V. Frequent cases when the representatives of the utilities require the payment of debts for earlier living in this housing. How legitimate is this?
O. it so Happens that the citizens sell or give the apartment with debt.
In such cases, it is possible that the court will be served on the last owner of the apartment.
Also knowledge of calculation periods will help you to avoid the imposition of the foreign debt.
It so happens that the citizens sell or give the apartment with debt.
In such cases, it is possible that the court will be served on the last owner of the apartment.
Remember that the time of occurrence of the obligation on payment of utility services is strictly regulated by current legislation.
part 2 of article 153 of the Housing code of the Russian Federation has established that the obligation on payment for premises and utilities arises from:
- the employer of premises under the contract of social hiring with the execution of such contract;
- the employer of premises under the contract of hiring of residential premises housing social use from the date of signing of this agreement;
- the lessee of housing premises state or municipal housing stock since the signing of the lease agreement;
- the employer of premises under the contract of hiring of premises the state or municipal housing stock from the date of signing of such contract;
- member of the housing cooperative from the moment of provision of residential premises, the housing cooperative;
- the owner of the premises from the moment of occurrence of the ownership of such premises;
- the person, who received from the developer (the person providing the construction of an apartment building) after giving him permission to enter an apartment house in operation of the premises in this house by transfer the act or other instrument of transfer, since such transfer;
- the developer (the person providing the construction of an apartment house) in respect of premises in the given house, not delegated to other persons on transfer act or another document of transfer, from the time of issuance of a permission to enter an apartment house in operation.
If you found out that you are making someone else’s debts, you must indicate this fact in response to the petition, specifying the period for which the arrears of the present and the point at which You have any obligation to pay for utility services in accordance with part 2 of article 153 of the LC RF, attaching appropriate proof (e.g. certificate of title, the contract is social. recruitment etc.).
You may be wondering regulate the quality of housing services and compliance housing
The size of grants for payment of premises and pensioners:
http://legalmap.ru/articles/so/pref/kompensatsiya-pensioneram/
Q. Who must provide the court with sufficient proof of Your innocence?
O. it Should be noted that each party must prove the circumstances on which it refers as grounds for their claims and objections, unless otherwise provided by Federal law.
In this case, the court must determine which circumstances are relevant to the case, which side should they prove circumstances makes up for discussion, even if the parties to any of them is not cited.
Q. How can I determine whether had the right to raise tariffs for housing and communal services the people who did this? And what circumstances must prove the utility in the event of recourse to the court?
O. Judicial Board on civil cases of the Supreme Court in its decision of March 3, 2015 pointed out that “when you recover from homeowner arrears for housing and communal services the courts have to figure out which method of management of apartment home selected homeowners selected this management company and tenants have the right to determine tariffs in the calculation of fees for the maintenance and repair of dwellings.
The court should identify whether during the period in question the meeting of owners of premises on which to set the fees for maintenance and repair, as well as what tariffs are applied by the management company to calculate fees for the maintenance and repair of the premises, by whom they were approved and what were the grounds for their application.
Without establishing all of the above debt collection for utility services unlawful“.
- the fact of the choice of method of administration and the particular organization should be supported by: a resolution of the General meeting of owners of premises in an apartment house or a Protocol of the competitive Commission on selection of a management company.
- tariffs for the maintenance and repair of housing is confirmed by the decision of General meeting of proprietors of premises in MKD, decision of management bodies of the HOA or HBC, which approved the tariff.
- tariffs on utility services should be supported by reference to the relevant document, which set the tariffs for utilities.
If the court made a decision without such evidence, the court decision is subject to cancellation by a higher court.
Knowing the periods of debts and the date of conclusion of the contract of management or establishing the HOA, you will be able to learn about the legality of issuing debt.
The fact is that the owner must pay for the maintenance and repair of housing, under the management of the organization from the start date home management.
Therefore, from this date, the management organization may demand the debt, but not for the period when the house was managed by another organization.
A similar situation is in the case of the HOA.
Q: What to do in case of attempts of debt collection by court order? Such a scenario, where managers may seek to recover the debt in the form of an order, i.e. on the basis of the evidence presented and without summoning the parties is possible.
O. the Presidium of the Supreme Court in the judicial Review of the Supreme court of the Russian Federation dated 26.06.2015 no. 2 pointed out that the debts on payment for premises and utilities subject to collection in the manner of writ proceedings in relation to the third subparagraph of article 122 of the civil procedural code.
Remember that the judge is obliged to cancel the order, if within ten days from the date of receipt of the order, the debtor will provide objections to its execution.
In the statement it is enough to specify that court orders do not agree and ask to cancel.
In case of cancellation of the court order, the utility shall have the right to address in court with the statement of claim and in the process you will be able to provide to the court their objections.
Thank Dmitriy for the interesting conversation.
Concise and specific answers of this interview will be useful to the one who was in a difficult situation.
