FEDERAL LAW OF THE RUSSIAN FEDERATION

of June 4, 2011 No. 123-FZ

About introduction of amendments to the Housing code of the Russian Federation and separate legal acts of the Russian Federation

Accepted by the State Duma on May 13, 2011

Approved by the Federation Council on May 25, 2011

Article 1

Bring in the Housing code of the Russian Federation (The Russian Federation Code, 2005, N 1, Art. 14; 2006, N 52, Art. 5498; 2007, N 1, Art. 13, 14; N 43, of Art. 5084; 2008, N 30, Art. 3616; 2009, N 23, Art. 2776; N 39, of Art. 4542; N 48, of Art. 5711; 2010, N 31, Art. 4206) following changes:

1) Article 12:

a) add with Item 16.2 of the following content:

"16. 2) implementation by the Government of the Russian Federation of coordination of activities of executive bodies of the subjects of the Russian Federation performing functions in the field of the state control of use and safety of housing stock irrespective of its pattern of ownership and control of execution of regulatory legal acts by these bodies;";

b) add with Item 16.3 of the following content:

"16. 3) maintaining registers of notifications on the beginning of implementation of business activity on management of apartment houses (further - activities for management of apartment houses) and business activity on rendering services and (or) performance of works on content and repair of common property in apartment houses (further - activities for rendering services and (or) performance of works for content and repair of common property in apartment houses);";

2) in Article 20:

a) in Item 3 of part 1 of the word "control of execution of regulatory legal acts" shall be replaced with words "implementation in the procedure for control of execution of regulatory legal acts established by the Government of the Russian Federation";

b) in part 2 the word is "performed" shall be be replaced with words ", acceptance and accounting of notifications on the beginning of implementation of activities for management of apartment houses and activities for rendering services and (or) performance of works on content and repair of common property in apartment houses are performed";

c) add with part 3 following of content:

"3. The authorized bodies of the executive authority of subjects of the Russian Federation specified in part 2 of this Article check compliance of the charter of condominium, the changes made to the charter to requirements of the legislation of the Russian Federation, and also according to statements of owners of rooms in the apartment house shall check legitimacy of acceptance by general meeting of owners of the rooms in the apartment house of the decision on creation of condominium, compliance of the charter of partnership made to the charter of changes to requirements of the legislation of the Russian Federation, legitimacy of election as general meeting of copartners of homeowners of the chairman of the board of partnership and other board members of partnership, legitimacy of acceptance by owners of rooms in the apartment house on general meeting of such owners of the decision on the choice of the legal entity irrespective of form of business or the individual entrepreneur performing activities for management of the apartment house (further - management company), for the purpose of the conclusion with management company of the agreement of management of the apartment house according to Article 162 of this Code, legitimacy of approval of terms of this agreement and its conclusion.";

d) add with part 4 following of content:

"4. In case of identification in the cases specified in part 3 of this Article, the discrepancy of the charter of condominium made to the charter of changes to requirements of the legislation of the Russian Federation the authorized bodies of the executive authority of subjects of the Russian Federation specified in part 2 of this Article send to partnership the instruction with indication of violations of regulations of the legislation of the Russian Federation and with the requirement about elimination of the revealed violations to six-months time from the moment of the direction of such instruction. In case of non-execution of such instruction at the scheduled time or in cases of identification of violations of procedure for creation of condominium, the choice of management company, approval of terms of the contract of management of the apartment house and its conclusions the authorized bodies of the executive authority of subjects of the Russian Federation specified in part 2 of this article having the right to take a legal action with petitions for dissolution of partnership about recognition invalid the decision made by general meeting of owners of rooms in this house with violation of requirements of this Code and on recognition of the agreement of management of this house invalid.";

Part 1 of Article 36 to state 3) in the following edition:

"1. Owners of rooms in the apartment house possess on the right of common ownership common property in the apartment house, namely:

1) the rooms in this house which are not parts of apartments and intended for servicing more than one room in this house including interroom landings, ladders, elevators, lift and other mines, corridors, technical floors, attics, cellars in which there are engineering communications, other equipment (technical cellars) servicing more than one rooms in this house;

2) other rooms in this house which are not belonging to certain owners and intended for satisfaction of social needs of owners of rooms for this house including the rooms intended for the organization of their leisure, cultural development, children's creativity, occupations by physical culture and sport and similar actions;

3) the roofs which are protecting bearing and not bearing structure of this house, the mechanical, electric, sanitary and other equipment which is in this house beyond limits or in rooms and servicing more than one rooms;

4) the parcel of land on which this house, with elements of gardening and improvement, other objects intended for servicing, operation and improvement of this house and located on the specified parcel of land is located. Borders and the size of the parcel of land on which the apartment house is located are determined according to requirements of the land legislation and the legislation on town-planning activities.";

4) regarding the 2nd Article 44:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info