Is it true that mass inspections of apartment redevelopments have begun in Russia?

Difficulties and necessity of consulting a lawyer on housing issues

Here are some potentially difficult cases in which it is impossible to achieve a positive outcome without qualified legal assistance:

The spouse does not consent to a real estate transaction - sell, exchange or donate housing;
There are minors registered in the apartment, which complicates the sale;
Real estate documents are lost, executed incorrectly or have lost their relevance due to redevelopment and significant changes;
A citizen receives real estate under a targeted state program, which obliges him to work in a certain area for a period established by law.

If you neglect the help of a specialist and try to resolve the issue yourself, there is a high risk of being left without discounts and benefits, or even losing your only home. The loss of an apartment or house will lead to new problems - the inability to obtain registration, apply for benefits or a pension, or enroll a child in school or kindergarten.

Inspection of the partnership by the housing inspectorate, what it checks

There are 2 types of inspection of HOAs by the housing inspectorate:

scheduled – carried out no more than once a year in accordance with the approved action plan;
unscheduled - appointed upon receipt of information about violations in activities or in the event of an application from residents.

In both cases, the feasibility of expenses, the overall efficiency of activities are checked, and errors and violations are identified.

The inspector will ask for the necessary documents, so there is no need to prepare anything in advance.

Issues considered by a housing lawyer

In addition to rights, each property owner in the city and region has a number of responsibilities:

Use a house, apartment, or other residential premises only for its main purpose;
Maintain the proper condition of the property;
Comply with the rules for maintaining the common property of owners in an apartment building;
Avoid mismanagement when handling residential premises;
Respect the housing rights and interests of neighbors;
Do not use the living space for professional activities.

The most common housing disputes according to statistics were conflicts with neighbors. This occurs both in multi-apartment residential buildings and among residents in the private sector. Disputes between relatives are no less common. During judicial consideration of the issue, special attention is paid to the documents provided by the plaintiff and defendant. The court tries to take into account the legitimate rights and interests of both parties, especially if the situation affects the rights of minors.

In our company you can get prompt advice from a housing lawyer. We not only provide a wide range of services, but actually help residents of St. Petersburg and the region protect their legal rights and interests. Our specialists do not make empty promises, but take a professional approach to providing services and realistically assess the prospects of each case. Our promises are clauses in the contract, which specify the terms, guarantees and obligations of our lawyers. We will help you with:

Moving into a living space;
Eviction of a relative or third party living in the same living space with you;
Deregistration;
Allocation of a share in residential premises in kind;
Determining the rules for using residential premises;
Cancellation of donation or sale agreements;
Recognition of the transaction as invalid;
Protection of rights when forced to complete a transaction by third parties;
Removing obstacles to the use of residential premises;
Division of real estate during divorce or inheritance;
Providing housing under a social rental agreement.

Inspection of the financial and economic activities of the HOA by regulatory authorities

A homeowners' association is a legal organization that is obliged to pay taxes and ensure the uninterrupted functioning of all technical systems and communications. Main activities of the organization:

Financial – monthly collection of money for the maintenance of the apartment building. The total amount of payments is approved by the meeting of owners. Additional income can be obtained by renting out unused non-residential premises. But only with the consent of the owners.
Economic is the main type of activity. Funds are used to pay for utilities, minor repairs, and to maintain all systems and communications of the house, as well as the local area (yard), in good condition.

Homeowners associations are trusted more than management companies. Because it was created from the residents of the house themselves.

But if board members do not fully fulfill their duties, spend money on inappropriate needs, or misappropriate part of the income, then regulatory organizations intervene.

How to conduct an audit in a HOA

The chairman and members of the board can initiate such an audit of financial and economic activities. The housing inspector may also appoint it. But most often it is initiated by the residents themselves.

The basis is doubts about the legality of individual actions, suspicions of theft of funds.

You can find out the acceptable types of activities on the website of the all-Russian classifier of types of economic activities OKVED.

An audit usually costs in the range of 25-70 thousand rubles.

Following the audit, a general meeting is held at which residents are notified of its results. The results may serve as a basis for appealing to the prosecutor's office or court.

Inspection of the partnership by the housing inspectorate, what it checks

There are 2 types of inspection of HOAs by the housing inspectorate:

scheduled – carried out no more than once a year in accordance with the approved action plan;
unscheduled - appointed upon receipt of information about violations in activities or in the event of an application from residents.

In both cases, the feasibility of expenses, the overall efficiency of activities are checked, and errors and violations are identified.

The inspector will ask for the necessary documents, so there is no need to prepare anything in advance.

Inspection of HOA by the prosecutor's office

The prosecutor's office conducts an inspection if there are complaints that indicate a violation of the rights of residents or a violation of laws.

Representatives of the prosecutor's office have the right to seize any documents without prior notice.

When is it time to go to court?

Based on the results of the inspection, employees of the prosecutor's office apply to the court with a claim to initiate a criminal case on the fact of theft. If the violations are irreparable, file a claim for liquidation of the HOA.

Residents themselves can appeal decisions of regulatory or law enforcement agencies or higher organizations in court. But they must have compelling reasons for the court to actually initiate a case.

How we are working?

At the stage of pre-trial settlement of housing disputes, our specialists:

They will conduct a full and detailed consultation with the study of introductory information;
We will consider the legal position on the case and conduct negotiations if necessary;
We will prepare a claim, collect all documents and monitor receipt of the claim.

During the judicial review of the conflict situation, the company’s lawyers:

Prepare a statement of claim for the court, a petition or other necessary documents;
They will protect your interests in court and other competent authorities;
They will receive a court decision on time and appeal it on appeal if it does not meet expectations and was made in violation of the law.

Court

The court is the highest authority. It is worth contacting here in the most serious cases, if the actions of the management company caused damage to you or the entire house.

In order for the court not to refuse to initiate a case, you need to take care of the evidence base and correctly draw up the claim.

The owners themselves decide which form of house management to choose; they proceed from who, in their opinion, will bring more benefit. The government has created services at the federal and local levels that should help citizens create comfortable living conditions.

Advantages of timely consultation with a housing lawyer

15 years of experience in the legal services market

Legal Agency of St. Petersburg was founded in 2004 and has been successfully operating for 15 years

30 experienced specialists

Our team consists of competent lawyers and attorneys with narrow specialization in certain areas of law

10 years minimum legal experience

All consultations are conducted by lawyers with experience in successfully resolving similar situations, which ensures maximum assistance to the client.

91% of cases won

The results speak for themselves - since 2004, 3,756 cases have been won, 5,073 clients have been satisfied, and 874,474,045 have been paid to them

72% of appealed court decisions

We take on cases of any complexity and at any stage of the process, but the sooner you contact a specialist, the more likely a positive outcome of the case is

24 hours on call

We are ready to handle your case from start to finish, accompanying and supporting you throughout the entire process.

After scheduling a consultation, a housing law specialist will promptly contact you, explain the essence of the issue and give individual recommendations. This will help you assess the situation and make further decisions without spending many hours studying housing legislation.

When a housing dispute affects the area of family or civil law, there is little in-depth knowledge of regulatory legal acts. The experience of our lawyers allows us to successfully resolve up to 90% of situations, which confirms the high professionalism and quality of the legal services provided. We are ready to represent your interests at any stage of conflict resolution: from preparing a pre-trial claim to enforcement proceedings.

Court decisions

How to protect property rights after divorce

How to peacefully resolve housing issues

The apartment does not meet sanitary requirements

My housing: what to do if they try to kick you out of your apartment

Apartment disputes: eviction of a family member

Dispute with a housing construction cooperative

Customer Reviews

Review by Minina M.V. I would like to express my deep gratitude to Yuri Vladimirovich Sukhovarov for his competent advice and qualified assistance on my issue.

With gratitude, Minina Margarita Vladimirovna.

Feedback from Goncharova I, Venera Konstantinovna Goncharova, express my gratitude to Andrey Valerievich Ermakov, Yana Maksimovna Matveeva, Daria Vasilievna Kutuzova and the entire team. I would like to note that the work was completed within the agreed time frame and with good quality. They showed a professional approach and excellent organization of work. I would like to express my gratitude to the entire team for their high-quality work and wish you further development of your company.

Sincerely, Goncharova Venera Konstantinovna.

Review by Sokolov M.Yu. I express my gratitude to your company, as well as Denis Yurievich Stepanov and Daria Valentinovna Kutuzova for their conscientious attitude to their duties.

With sincere respect, Sokolov M.Yu.

Gratitude to Sukhovarov I, Dmitry Vladimirovich Korchagin, express my gratitude and appreciation to lawyer Yuri Vladimirovich Sukhovarov for high-quality and qualified advice. Thank you.

Thanks to A.I. Ivanov I would like to express my gratitude to the team of the “Legal Agency of St. Petersburg”, and especially to Artem Igorevich Ivanov, for the competent actions and decision in my civil case. I dare say that this is one of the best law firms in the city, because... I became very close to the lawyers. Everything is done in a timely manner and to the point. Good luck to the team in everything.

Sincerely, Nadezhdin A.N. June 7, 2018