Who repairs mailboxes at the entrance. What is included in the current repair of the entrance (repair of mailboxes, visors, coded lock) and where to go? Stages and frequency of repair

As it turned out, the answer to this question is: who is responsible for? Not so easy. In the Housing Code of the Russian Federation, when describing common property belonging to tenants on the basis of common shared ownership, mailboxes are not indicated. In the list of services and works for the maintenance and repair of common property in an apartment building, mailboxes, again, are absent.

The only mention is contained, perhaps, in the Federal Law No. 176-FZ "On Postal Communication" of July 17, 1999. According to article 31, post office cabinets are installed by building companies on the ground floors of multi-storey residential buildings. The cost of purchasing and installing post office cabinets is included in the cost estimate for the construction of these homes. Representatives of federal postal organizations participate in the work of the commissions for the commissioning of a residential building. In the future, maintenance is entrusted to housing maintenance organizations that ensure the safety of residential buildings and their proper use, and are carried out at the expense of the owners of residential buildings.

Thus, we can conclude that the repair of mailboxes should be dealt with by management companies, homeowners associations or directly tenants, depending on the form of management, at the expense of funds allocated for maintenance and repair of housing. The replacement of mailboxes, most likely, should be done at the expense of funds accumulated for major repairs. Again, if it is provided for in the estimate for the overhaul.

In houses where a housing cooperative operates, mailboxes are usually repaired or replaced by the cooperative itself.

On the other hand, post offices can, for a fee, make minor repairs, install a new lock, or replace the entire post office box. Again, there is always an option to repair the mailbox yourself using personal funds.

And who and how repairs mailboxes in your home?

QUESTION:
Good day!
I would like to know the legality of the actions of the Criminal Code. The fact is that mailboxes were changed at our entrance, boxes of some apartments are missing, the Criminal Code said that this was due to the debt of these tenants. What is the connection between mail and utility debt ???

Article 7.17. Destruction or damage of someone else's property
Intentional destruction or damage to someone else's property, if these actions did not entail the infliction of significant * damage, -
shall entail the imposition of an administrative fine in the amount of three hundred to five hundred rubles.
(* In accordance with note 2 to article 158 of the Criminal Code of the Russian Federation, significant damage to a citizen as a result of the destruction or damage of someone else's property is determined taking into account his property status, but cannot be less than two thousand five hundred rubles)

Cases under this article are authorized to consider by judges (Article 23.1 of the Administrative Code of the Russian Federation). Officials of the internal affairs bodies (militia) may also draw up protocols on administrative offenses provided for by this Code (Article 28.3. Administrative Code of the Russian Federation)

Article 7.22. Violation of the rules for the maintenance and repair of residential buildings and (or) residential premises
Violation by the persons responsible for the maintenance of residential buildings and (or) residential premises, the rules for the maintenance and repair of residential buildings and (or) residential premises, or the procedure and rules for recognizing them unsuitable for permanent residence and transferring them to non-residential premises, as well as reconstruction and (or) redevelopment of residential buildings and (or) residential premises without the consent of the tenant (owner), if the reconstruction and (or) redevelopment significantly changes the conditions for using a residential building and (or) residential premises, -
shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand rubles; for legal entities - from forty thousand to fifty thousand rubles.

* * *
Added on 19.06.2014:
From a letter from the District Prosecutor's Office of the city of Kemerovo dated July 14, 2013, No. 55zh-2011 on the issue of mailboxes and the illegality of the position of the State Housing Inspectorate of the Kemerovo Region, followed by reference to:

Thus, based on the systemic interpretation of these norms, common house mailboxes are the common property of the owners of the premises of an apartment building by virtue of the law, since they are located in the entrances, located in public places, interconnected and intended to serve several residential premises.

The position of the State Housing Inspectorate of the Kemerovo Region that if this property is not included in the common property by the owners, it should not be serviced by the management company, is contrary to the law.
<...>

The text of the letter is available only in this resolution, but you can read it:

They are crumpled, broken, set on fire and ripped off the walls, and they simply wear out over time. Some of the entrances still have wooden mail boxes.

Defective mailboxes in the entrances are a known problem of homeowners' associations and residents of apartment buildings. Because letters and receipts go missing. People have to go to the management company, write receipts, waste their personal time and argue with the HOA, which is not to blame. The tenants themselves are often to blame.

There is only one way out - to decide, to collect money and replace the mailboxes at the entrance. It's not as expensive as it sounds.

How to save more than 12% on replacing mailboxes?

You want to replace mailboxes in an apartment building as cheaply as possible, both for homeowners' associations and for residents. And now you are in the right place. After all, the company "MetaCon" produces mailboxes, so you will save more than 12% when buying. Buying goods from the manufacturer, you do not pay resellers (dealers) and save. Checked.

They buy from us (everything is included: locks, keys, wall mounts - any man with hands can hang):

horizontal inexpensive economy-class mailboxes (from 4 to 10 sections) with a price of 1000 r. Cheap and cheerful. There is also a KP series with opaque covers;

reinforced middle-class mailboxes (PYa series: from 4 to 6 sections) from 1550 rubles. Opaque cover - more reliable protection for mail and letters;

vandal-proof mailboxes. They are made of 1 mm steel, which significantly increases their strength;

mailboxes with a transparent polycarbonate glass window, which is difficult to break with a fist.

We deliver products by transport companies from 1 day. We will ship within the European part of Russia as soon as possible. Our warehouses are located in 12 regions. It is likely that tomorrow you will have the boxes. Check the exact delivery time with the manager when ordering.

How to choose a mailbox for an apartment building (entrance)

It happens that the price fades into the background and you want to replace mailboxes with those that:

look beautiful at the entrance;

fit in the minimum space;

accommodate newspapers and magazines, not just receipts;

successfully resist juvenile and drunken vandals;

painted with powder paint, which will protect them from rust;

equipped with a viewing window so as not to waste time opening and closing.

The only choice in this case: a vertical letterbox with a glass window. They may cost 50-60% more, but it's worth it.

If your house does not have an intercom, concierge, or other security, then it is better to replace expensive options with cheap ones - they will break it anyway. You can put an anti-vandal option. However, if they really want to, they will be remembered too.

It is not recommended to install old models of horizontal boxes. They were popular in the USSR when there was no internet. Today, people rarely bring newspapers and magazines into their homes. They also take up a lot of space and are easy to wrinkle.

To replace mailboxes at the entrance as cheaply as possible, buy them from the manufacturer MetaCon.

The composition of the common property in order to fulfill the responsibility for its maintenance is determined by the owners of premises in an apartment building of the rules for the maintenance of common property. By virtue of nos. 1 p. 3 art. 162 of the RF LC, an essential condition of the management agreement for an apartment building is the composition of the common property in respect of which the management will be carried out. Therefore, the owners, in agreement with the managing organization, have the right to establish in the annex to the contract a list of common property objects, the responsibility for the proper condition of which rests with the managing organization. This is exactly what the managing organization did, whose dispute with Rospotrebnadzor was considered by the FAS Central Organ in the Resolution of 06.05.2009 N A08-5811 / 2008-27.

Are mailboxes common property

There is no unified position on this issue among management organizations: some require owners to contribute additional funds to replace damaged or stolen mailboxes, others carry out work on the repair of mailboxes at their own expense (at the expense of payment for the maintenance and repair of living quarters). Art. 31 of the Federal Law of 17.07.1999 N 176-FZ "On Postal Communication", subscriber mailboxes are installed by construction organizations on the first floors of multi-storey residential buildings. The purchase and installation costs of such cabinets are included in the cost estimate for the construction of these houses. Maintenance, repair and replacement of subscriber mailboxes are assigned to the owners of residential buildings or housing maintenance organizations that ensure the safety of residential buildings and their proper use, and are carried out at the expense of the owners of residential buildings.

Mailboxes in apartment buildings: who should maintain?

To the management contract, she drew up an act of delineation of responsibility for intra-apartment equipment, in which she provided that responsibility for the heating devices located in the apartment and serving one apartment is assigned to the owner of the apartment, and for the risers that disconnect devices on the branches from the risers located in the owner's premises , but serving several premises - to the managing organization. The arbitrators refused Rospotrebnadzor to hold the company liable under paragraph 2 of Art. 14.8 Administrative Code of the Russian Federation<2, признав правомерность подобного разграничения ответственности. <2 Включение в договор условий, ущемляющих установленные законом права потребителя.

Are batteries and letterboxes common property?

Attention

The arbitrators agreed with the housing inspection: since the radiator, heating riser and heated towel rail are the common property of an apartment building that conducts heat not only to the apartment, but also to all living quarters through which these risers pass, the obligation to maintain, maintain, operate and repair is borne by the society. There are adherents of the opposite opinion: in the Resolution of 16.10.2008 N A26-2110 / 2008, the arbitrators of the FAS SZO recognized it as illegal to bring the managing organization to administrative responsibility under Art. 7.22 of the Code of Administrative Offenses of the Russian Federation for failure to timely repair heating radiators in an apartment. Since the radiators only serve one apartment, they are not shared property. The same conclusion under similar circumstances was voiced in the Resolution of the FAS SZO dated 12.05.2009 N A05-12711 / 2008.

"A" p.

Error 404

The arbitrators agreed with the housing inspection: since the radiator, heating riser and heated towel rail are the common property of an apartment building that conducts heat not only to the apartment, but also to all living quarters through which these risers pass, the obligation to maintain, maintain, operate and repair is borne by the society. There are adherents of the opposite opinion: in the Resolution of 16.10.2008 N A26-2110 / 2008, the arbitrators of the FAS SZO recognized it as illegal to bring the managing organization to administrative responsibility under Art. 7.22 of the Administrative Code of the Russian Federation for failure to timely repair the heating radiators in the apartment. Since the radiators only serve one apartment, they are not shared property. The same conclusion under similar circumstances was voiced in the Resolution of the FAS SZO dated 05/12/2009 N A05-12711 / 2008.
"A" p.

Are mailboxes a common property at home?

Administrative Code of the Russian Federation<1);- — кто должен платить за их ремонт (собственник помещения самостоятельно или управляющая организация за счет платы за содержание и ремонт жилого помещения, внесенной всеми жильцами). <1 Нарушение правил содержания и ремонта жилых домов и жилых помещений.Радиатор отопления Больше всего споров ведется по вопросу отнесения радиаторов отопления к общему имуществу в многоквартирном доме. Управляющая организация и собственник квартиры стремятся переложить друг на друга расходы по их ремонту (замене).Итак, с одной стороны, п. 1 ст. 36 ЖК РФ гласит: собственникам помещений в многоквартирном доме принадлежит на праве общей долевой собственности механическое, электрическое, санитарно-техническое и иное оборудование, находящееся в данном доме за пределами или внутри помещений и обслуживающее более одного помещения. Аналогичным образом согласно п. 1 ст.

Forum burmistr.ru - forum about housing and communal services (management of apartment buildings)

At the same time, the editorial office received several calls from residents who said that some management companies demanded payment from them for repairing the mailbox lock. Mailboxes may refer to common property "VO" applied for clarification to the Department of Housing and Communal Services of Moscow. The official response received says that post office cabinets (mailbox sections) are installed by construction companies on the ground floors of apartment buildings - in a common area.

The costs of purchasing and installing such cabinets are included in the estimate for the construction of these houses (Federal Law No. 176-FZ of July 17, 1999). These circumstances indicate that such mailboxes have the characteristics of common property, despite the fact that a specific person uses a separate mailbox.

Are batteries and letterboxes common assets?

Important

Also in the response of the Moscow Department of Housing and Utilities, it is indicated that in accordance with the order of the Ministry of Regional Development of Russia No. 45 of 01.06.2007. PO Boxes are included in the common property. Check with the management company However, in Russia there are other regulatory documents on the operation of residential buildings, where mailboxes are not listed in the common property. Therefore, for complete clarity in this matter, the Department of Housing and Utilities of St.

Moscow recommends that the owners of the premises find out with their management company whether mailboxes are included in the common property of the house. In this case, their repair, incl. repair of the mailbox lock is carried out at the expense of the payment for "maintenance and repair of the housing stock", which residents pay monthly. If mailboxes are not included in the list of common property in a particular house, residents pay for their repair.

Are the mailboxes shared property?

Info

The fact that "boxes of some apartments are missing due to the debt of these tenants" - apparently, this is part of the "work" of the Criminal Code "with debtors to increase the collection of payments." Apparently, things are really bad here, since they decided on such methods. The law does not provide for such methods. The tenants' mailboxes are also needed by the management organization itself, since

according to the law, it must regularly and timely (by the 1st of each month) bring payments to the residents, and this is usually done using mailboxes. * * * Responsibility for unlawful dismantling of mailboxes can be determined according to the Code of Administrative Offenses of the Russian Federation: Article 7.17.
The arbitrators refused Rospotrebnadzor to hold the company liable under paragraph 2 of Art. 14.8 Administrative Code of the Russian Federation<2, признав правомерность подобного разграничения ответственности. <2 Включение в договор условий, ущемляющих установленные законом права потребителя.Таким образом, ввиду отсутствия четкого правового регулирования и однозначной судебной практики состав общего имущества (в частности, включение в него батарей центрального отопления) нужно определить на общем собрании собственников помещений и в случае выбора управляющей организации отразить перечень общего имущества в договоре управления многоквартирным домом.Почтовые ящикиВопросы того же рода возникают и в отношении почтовых ящиков. С одной стороны, собственник квартиры получает корреспонденцию только через один (свой) почтовый ящик, на котором указан номер его квартиры.

Mailboxes are not shared property

An exception, I think, should be made for mailbox locks: the owner can repair or replace them on his own. RosZhKH with reference to the order of the Ministry of Regional Development dated 01.06.2007, No. 45 reports that "the mailboxes and locks in them must be repaired by communal services." 7. Al-7 (Al-7) Nina writes on 04/03/2017: Housing and communal services delivered mailboxes to many apartments.

house and took money from us for them according to the area of ​​the apartment. Is it correct? Answer: A separate payment "for mailboxes" is not provided for by the current legislation. MC and HOA carry out work on the maintenance and repair of mailboxes at the expense of the monthly payment of consumers - owners and tenants of premises provided for by the Housing Code of the Russian Federation. 8. Dj-Elast We have changed the service company (and somehow dull, just kicked out the previous one and sat down in its place).

A few days later, our box was broken, the door was gone. Who should make amends and repairs? The management company says that we have to fully purchase this section, which consists of several boxes. We disagree with this. Who is right in this situation? The answer is: The obligation of homeowners to maintain and repair mailboxes is enshrined in the Federal Law "On Postal Service" No. 176-FZ (see above). If a management organization is hired to maintain the common property of homeowners in an apartment building, then this work must be performed by it. I recommend that you apply with a written application to the managing organization. 4. Al-7 (Al-7) Artur writes on 04/05/2013: In our house, tenants have installed mailboxes at their own expense. The question is: who should repair them now? 5. Al-7 (Al-7) The text of the answer is supplemented. Hope this helps.

/ Housing law

At whose expense are mailboxes changed?

At whose expense should mailboxes be changed? And what if only 19 out of 36 apartments agree to replace them?

Mailboxes are usually grouped into sections of several pieces of subscriber mailboxes. They are changed at the expense of the apartment owners by decision of the general meeting.

• § Art. 31 of the Federal Law of 17.07.1999 No. 176 FZ "On Postal Communication"

So the first thing to do is to have such a meeting. The decision to replace the boxes is made if at least 2/3 of the total number of votes of all owners voted for it.

• § Art. 46 of the Housing Code of the Russian Federation

But if 19 apartments agree to replace the boxes, this does not mean that 19 votes have been collected. The number of votes possessed by each owner is proportional to his share in the common property.

• § Clause 3, Art. 48 of the Housing Code of the Russian Federation

That is, the larger the area of ​​the apartment, the more votes the owner has. So, first of all, you need to look for support from the owners of three, four-room apartments.
The decision of the general meeting is drawn up in minutes. Further, the protocol is transferred to the management organization, which must perform all the necessary work. The purchase and installation of cabinets will be carried out at the expense of funds that the owners will have to collect additionally (in addition to monthly payments). Or, you can use the money collected earlier for a major overhaul of the house.

If you cannot get 2/3 of votes at the general meeting, try to find a compromise with all tenants. Maybe it is worth replacing only one mailbox (that is, 1 section of boxes), and distributing the remaining old boxes among tenants who do not want to hang new ones?