FEDERAL LAW OF THE RUSSIAN FEDERATION

of June 29, 2015 No. 176-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 June 9, 2015

Approved by the Federation Council on June 24, 2015

Article 1

Bring in the Housing code of the Russian Federation (The Russian Federation Code, 2005, No. 1, Art. 14; 2006, No. 1, Art. 10; No. 52, Art. 5498; 2007, No. 1, Art. 13, 14, 21; No. 43, Art. 5084; 2008, No. 30, Art. 3616; 2009, No. 23, Art. 2776; No. 39, Art. 4542; No. 48, Art. 5711; 2010, No. 31, Art. 4206; 2011, No. 23, Art. 3263; No. 30, Art. 4590; No. 50, Art. 7343, 7359; 2012, No. 26, Art. 3446; No. 27, Art. 3587; No. 53, Art. 7596; 2013, No. 14, Art. 1646; No. 52, Art. 6982; 2014, No. 23, Art. 2937; No. 26, Art. 3406; No. 30, Art. 4218, 4256, 4264; No. 49, Art. 6928; 2015, No. 1, Art. 11) following changes:

1) ceased to be valid according to the Federal Law of the Russian Federation of 03.07.2016 No. 355-FZ

2) in Article 20:

a) to add part 2.3 after words of "municipal housing control" with the words "when implementing by them of the state housing supervision, license control, municipal housing control";

b) in part 4.2 "Basis" to replace with the word "Bases", the words "receipt is" shall be replaced with words the word "receipts, in particular by means of system are,", after words of "local government bodies" to add with words ", identification in system of information";

c) add with part 4.4 following of content:

"4.4. Information on the violations specified in part 4.2 of this Article placed in system for bodies of the state housing supervision and bodies of municipal housing control is the official information which arrived in these bodies and the basis for carrying out unscheduled inspection.";

"The percent paid" shall be replaced with words 3) regarding 1 Article 36.1 of the word "the penalty fee paid";

4) in Article 44:

a) add part 1 with the offer of the following content: "General meeting of owners of rooms in the apartment house is held for the purpose of management of the apartment house by discussion of questions of the agenda and decision making on the questions put to the vote.";

b) in part 2:

add Item 1.1 with words ", the Russian credit institution in which the special account shall be opened";

add with Item 3.5 of the following content:

"3. 5) decision making about procedure for financing of the expenses connected with convocation and the organization of carrying out by management company, board of condominium, housing or housing cooperative, other specialized consumer cooperative of general meeting according to part 6 of article 45 of this Code;";

add with Items 4.2 and 4.3 of the following content:

"4. 2) decision making about investment of council of the apartment house with powers on decision making about running repair of common property in the apartment house;

4. 3) decision making about investment of the chairman of the board of the apartment house with powers on decision making on the questions which are not specified in part 5 of Article 161.1 of this Code, except for the powers referred to competence of general meeting of owners of rooms of the apartment house;";

To add 5) with Article 44.1 of the following content:

"Article 44.1. Forms of holding general meeting of owners of rooms in the apartment house

General meeting of owners of rooms in the apartment house can be held by means of:

1) internal vote (joint presence of owners of rooms in this house for discussion of questions of the agenda and decision making on the questions put to the vote);

2) correspondence voting (polling or with use of system according to Article 47.1 of this Code);

3) intramural and extramural vote.";

6) in Article 45:

a) regarding 1 second offer to state in the following edition: "If other is not established by general meeting of owners of rooms in the apartment house, annual general meeting of owners of rooms in the apartment house is held during the second quarter of the year following after accounting year, according to the procedure, established by this Article.";

b) part 4 after the word "Owner" to add with the words "the other person specified in this Article", shall be replaced with words the words "at the initiative of which" "at the initiative of which", "shall" replace the word with the word "shall";

c) to state Item 2 of part 5 in the following edition:

"2) form of holding this meeting (internal, correspondence or intramural and extramural voting);";

d) add with part 6 of the following content:

"6. The owners having at least than ten percent of votes from total quantity of voices of owners of rooms in the apartment house having the right to address in writing to management company or board of condominium, housing or housing cooperative, other specialized consumer cooperative for the organization of holding general meeting of owners of rooms in the apartment house. In the address about holding general meeting of owners of rooms in the apartment house the questions which are subject to entering into the agenda of meeting shall be formulated. According to the address of owners the management company, board of condominium, housing or housing cooperative, other specialized consumer cooperative shall perform the actions necessary for holding general meeting of owners of rooms in the apartment house, within forty five days from the moment of receipt of the address, but not later than ten days before date of general meeting, notify on holding this general meeting of each owner of the room in this house in accordance with the established procedure, and also process necessary documents by results of holding this general meeting and provide their bringing to data of owners of rooms in this house according to the procedure established by part 3 of article 46 of this Code.";

e) add with part 7 of the following content:

"7. General meeting of owners of rooms in the apartment house can be convened at the initiative of the management company exercising control of this apartment house under the agreement of management. At the same time the agenda of such meeting can include the questions carried by this Code to competence of general meeting of owners of rooms of the apartment house.";

7) in Article 46:

a) in part 1:

in the first offer of the word "1 - 3.1 parts 2 of Article 44" shall be replaced with words "1 - 3.1, 4.2, 4.3 parts 2 of Article 44";

in the second offer of the word "the procedure established by general meeting of owners of rooms in this house" shall be replaced with words "compliance with the requirements established by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of housing and communal services";

add with offers of the following content: "Decisions and the protocol of general meeting of owners of rooms in the apartment house are official documents as the documents certifying the facts involving legal effects in the form of assignment on owners of rooms in the apartment house of obligations concerning common property in this house, scope changes of the rights and obligations or release of these owners from obligations and are subject to placement in system by person initiating general meeting. Copies of decisions and the protocol of general meeting of owners of rooms in the apartment house are subject to obligatory representation by person at the initiative of which general meeting, in management company, board of condominium, housing or housing cooperative, other specialized consumer cooperative not later than in ten days after holding general meeting of owners of rooms in the apartment house was convened.";

b) add with part 1.1 following of content:

"1.1. The management company, board of condominium, housing or housing cooperative, other specialized consumer cooperative within five days from the moment of receipt of the copies of decisions and the protocol of general meeting of owners of rooms specified regarding 1 this Article shall according to the procedure, established by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of housing and communal services to send to the copy of the specified decisions and the protocol, including with use of system, to body of the state housing supervision for storage within three years. The body of the state housing supervision in case of receipt in its address within three months in a row of two and more protocols of general meeting of owners of the rooms in the apartment house containing decisions on similar questions of the agenda shall carry out unscheduled inspection for the purpose of factual determination of observance of requirements of the legislation under the organization, carrying out and registration of results of such meeting.";

c) in part 3 after the word "owner" to add with words "the other person specified in article 45 of this Code", shall be replaced with words the words "at the initiative of which" "at the initiative of which";

8) in Article 47:

a) add the name with words "(by poll) and intramural and extramural vote";

b) 1 after words of "correspondence voting" to add part with words "(by poll)";

c) to add part 2 after words of "correspondence voting" with words "(by poll)";

d) state part 3 in the following edition:

"3. General meeting of owners of rooms in the apartment house can be held by means of the intramural and extramural vote providing possibility of internal discussion of questions of the agenda and decision making on the questions put to the vote, and also possibility of transfer of decisions of owners at the scheduled time to the place or to the address which are specified in the message on holding general meeting of owners of rooms in the apartment house.";

9) Article 48:

a) add with part 4.1 following of content:

"4.1. Vote concerning the agenda of the general meeting of owners of rooms in the apartment house held in the form of intramural and extramural vote is performed by means of the decisions of owners which are drawn up in writing on the questions put to the vote.";

b) add with part 5.1 following of content:

"5.1. When holding general meeting by means of internal, intramural and extramural or correspondence voting in the decision of the owner by the questions put to the vote which joins in the protocol of general meeting shall be specified:

1) the information about person participating in vote;

2) data on the document confirming the property right of person participating in vote to the room in the respective apartment house;

3) the decisions on each question of the agenda expressed by formulations pro, contra or "refrained".";

Shall be replaced with words 10) in Item 1 of part 2 of Article 136 of the word "in these houses." "in these houses. The list of property which is intended for joint use by owners of rooms in several apartment houses is determined according to the requirements established by the Government of the Russian Federation.";

To replace 11) in part 7 of article 146 of figure "48.1" with figures "47.1";

12) regarding the 2nd Article 153:

a) state Item 5 in the following edition:

"5) the owner of the room from the moment of emergence of the property right to such room taking into account the rule established by part 3 of article 169 of this Code;";

b) add with Item 7 of the following content:

"7) the builder (person providing construction of the apartment house) concerning the rooms in this house which are not transferred to other persons under the transfer act or other document on transfer from the moment of issue of permission to input of the apartment house to it in operation.";

13) in Article 154:

a) to state Item 2 of part 1 in the following edition:

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