the Attic, basement and even the roof can be a source of profit, and about it knows most asset management companies (AMCs), which do not forget to rent Internet service provider part of the roof or the wall in the entrance to the installation of appropriate equipment; or to provide (for a fee) part of the facade for advertising structures, banners and posters; or to lease part of the land under the house for the construction of Parking lots, installation of a flower stall or a grocery pavilion. But the income can get the residents, not UK.
Indeed, in some cases, unscrupulous management companies use obschedomovoe property on your own, and even with commercial advantage. While bills for utility services such UK line “maintenance of premises” to make not forgotten. It turns out that for the maintenance of common property are paid by the apartment owner and uses this property third-party tenant. But how is this possible, is it not possible to avoid it?
Most of all — it is possible, but this requires that property owners in an apartment building take a proactive stance and participated in the General meeting, which determines how you will use the common property of the house and what UK to invite the management of an apartment house. Thus, according to the law, the CC receives from the owners the right to use communal metering area and to carry out maintenance, but no more. All the property of the home is the property of its tenants (article 162 of the housing code).
Even if the contract between a management company and owners of the house determined the order of access to non-residential premises, this does not mean that UK can generate a commercial value for the use of house property, since the UK cannot be considered a separate economic entity. It repeatedly in their definitions pointed out by the Supreme court.
of Course, unscrupulous UK try not to focus on the people on this norm, because they prefer to deal with tenants without the General meeting of residents, although, according to article 45 of the housing code, the management company shall keep a register of the owners in the case of commercial use of community property to each owner entitled to its share of the income. This share is distributed in proportion to the amount of floor space, which belongs to a particular owner (article 37 of the housing code).
it Should be noted that the UK is not always to blame for the fact that the merchants of your home rental owners do not pay. If you find that somebody uses the common property of the house for personal needs, you first need to understand the legalities of it. You can contact the Federal registration service or simply make a request thcut the portal and check the minutes of the General meeting of owners, which decided to transfer the property to rent.
By law, all information about the management of the house including minutes of meetings should be posted on the official portal of housing, but, unfortunately, detailed information there is only in a small number of houses. Will have to apply to UK, which is obliged to show you all the documents. No legal grounds for refusal it does not. Here and it turns out that attics and basements can be individual owners, in no way associated with any of the tenants of the house.
is this legal? In different cases different.
In the 90 years the law allowed the privatization of the basement and other areas that it used “enterprising people” who privatized or bought premises in attics and basements. Of particular interest were those that were “successfully” located. “Prihvatizirovat” the premises were extended to the new property buyers.
unfortunately, in these cases to prove that the current owner owns such real estate is illegal, is almost impossible. Especially in this case, the basement or the attic reconstruction was carried out, which in that part of the nonresidential premises, which went commercial now is not available utilities, and such property cannot relate to the common areas and to be common property, because, according to the law, the mere location of the premises in the basement or in the attic does not mean the purely technical and the technician appointment.
In modern buildings, the developer may initially determine the part of the attic or basement of the premises as non-residential and take them for a specific purpose (such as indoor Parking or server communication facilities).
In this case, the availability of such a facility should be listed in the project Declaration (which is always to see when buying an apartment). If technical areas are separated by the developer at the destination, and decorated accordingly, their commercial use is illegal. However, you should pay attention that if in the project documentation attics and basements is unassigned, then these spaces will be public spaces the force of law.
In contrast with the right of ownership of the apartment or non-residential premises, which appears only after the state registration, the ownership right to common property occurs simultaneously with the right of ownership of the premises. That is, if the design of the apartment in the property is not specified in the contract premises, the catthe fact that the house has, the meeting of owners has the right to appeal to the Russian state register with a request to include these premises in the common property of owners of premises in an apartment house. Rosreestr will have to do it in the power of PP. “and” item 2 of Rules of maintenance of common property in an apartment house, approved by RF Government decree from 13.08.2006 No. 491.
In most cases the property of an apartment house, which is in common ownership by the residents is only used for its intended purpose: entrances and hallways — only for passage, stair ascent and descent, attics and basements, to accommodate communications.
For commercial use of the common property need a proactive group of owners, which would meet, to work with prospective tenants and report received from this work income. The majority of owners to do not want, and it is very satisfied with unscrupulous criminal who Lovcen and manage what they can, at their discretion.
In the same homes where the owners took control of house property “in their hands,” income from commercial use of the common property goes to the General needs.
most Often the money is sent either to the Foundation of the house on HCS (then it is offset against future payments, and a few months for communal or not paying at all, or a partial payment), or spend the money on the repair and improvement of the local area.
According to article 138, 161, 162 housing code, that management companies are obliged to ensure the rights of owners and to represent their interests related to the management of common property. That is, UK should send claims and lawsuits. In practice, this rarely happens, and owners should protect their rights themselves.
To appeal to the court is recommended to refer the complaint to the domestic Inspectorate. The complaint must make an inspection of communal property, which is used for commercial purposes without the consent of the owners, and a copy of the complaint to the address of the person who illegally uses this property.
Or seek judicial protection. Remember that appearance on your home, inside it or on the local area unsolicited advertising, equipment of unknown purpose, canopies, staircases or other structures about which you know nothing, is about to demand an explanation from your criminal code, and with the proactive actions of the residents and to earn additional income.
