Preparation of special accounts for major repairs using deposits. Housing Code of the Russian Federation: changes have been made regarding major repairs

Collecting funds for major repairs and organizing its implementation is the right of the housing association. The form of such fees is determined at a general meeting of premises owners.

The general meeting may decide to create a capital repair fund if the majority of the assembled homeowners vote for its creation, in accordance with Part 5, Clause 2, Article 145 of the Housing Code of the Russian Federation.

Collected funds can be stored:

• on a special bank deposit;
• from the regional management organization.

Residents independently choose the storage location at a general meeting (clause 3 of Article 170 of the Housing Code of the Russian Federation).

What is a capital improvement special account?

This is a special bank deposit intended for storing and managing funds, the intended purpose of which is to carry out major repairs of houses.

IMPORTANT! Spending money from a special account is possible only in accordance with the estimate of repair work, approval of the list of which is the exclusive right of the housing association that opened this deposit (clause 1 of Article 137 of the Housing Code of the Russian Federation).

The following operations can be performed on this account:

1. receipt of money from residents' contributions, penalties for late payments and subsidies from the budget.
2. Payment for major repairs according to the estimate based on payment documents submitted to the bank by the responsible person.
3. Repayment of loans whose intended purpose was major repairs.
4. Transfer of deposited funds to another special account, as decided by the meeting of members of the partnership.

The amount of the deposit may increase when the bank accrues interest for placing funds.

The account owner can be the following structures:

• Housing association.
• Managing organization.
• Housing cooperative.

When the owner of the account is a housing association, the management of the allocated funds is carried out by the board (clause 4 of Article 151 of the Housing Code of the Russian Federation).

How to open it?

To open a special account, it is necessary to hold a general meeting of the owner-members of the housing association, at which decisions must be made on the following issues:

1. creation of a capital repair fund.
2. Storing the capital repair fund in a special account.
3. Determining the amount of monthly payments to this fund.
4. Selecting a responsible person to manage the account.

If a capital repair fund has already been created and is managed by a regional operator, then it is necessary to make a decision on transferring the funds of the fund to the created bank deposit.

ATTENTION! The financial resources of a fund created only by the owners of residential and non-residential premises of one house can be placed on a special deposit.

The minutes of the meeting with the decision must be sent to the accounting department of the regional operator, and the money will be transferred within a year, in accordance with paragraph 5 of Article 173 of the Housing Code of the Russian Federation, unless a shorter period is established by the legislation of the subject of the federation.

Holding a house-wide meeting

To conduct a general collection, you need to send out notices about the collection date and agenda items (opening a special account) to all tenants-members of the housing association 10 days in advance.

For the legitimacy of the decisions, the owners of at least half of the total area of ​​the apartments managed by the HOA must come on the appointed day.

If there is a quorum, the chairman reads out the agenda items, and the selected counting commission counts the votes of the assembled persons.

In large housing associations, it may be difficult to obtain a quorum due to the lack of suitable premises and the ability of apartment owners to meet at the same time, and absentee voting is provided for such cases.

During absentee voting, at least two responsible persons appointed by the board go around the apartments with absentee voting ballots, in which residents must put their signature in the “for”, “against” or “abstained” column opposite each item on the agenda.

Decision-making

To make decisions:

• on opening a special deposit;
• transfer of capital repair fund finances to this deposit by the regional operator;
• choosing a responsible person.

it is necessary to have the votes of the owners of half of all areas, related to this HOA. That is, if the holders of half of all votes came to the meeting, then for the legitimacy of decisions on the above points they must be adopted unanimously.

ATTENTION! When deciding on the amount of contributions, it is important to take into account that such contributions should not be less than the minimum established in a given region (Clause 1, Part 4, Article 170 of the RF Housing Code).

Selecting the person responsible for the account

When the owner of a special account is an apartment building association or a management organization attracted by it, the following persons may be responsible for the account:

1. selected board member with the required competence.
2. Involved accountant.
3. An employee of a management organization.

The responsible person can also be selected from ordinary members of the housing association, who enjoys the trust of the majority of residents of the house, and has not been observed to have committed any dishonest behavior. The powers of the responsible person will include:

• opening a bank account.
• Transfer of contributions from partnership participants.
• Transfer of payments in favor of contractors who carried out major repairs.
• Providing documents to the bank to repay targeted loans for major repairs using a special deposit.

The responsible person performs these operations only if there is a corresponding decision of the general meeting, submitting copies of the minutes to the bank.

Preparation of documents and contacting the bank

After making all the necessary decisions, the responsible person contacts the credit institution with a protocol of the collection carried out and a passport to open a special account.

When contacting a number of banks, you may be required to fill out a protocol on the bank’s form, entering data from a copy.

After opening the deposit, the chairman of the housing association must submit the following documents to the housing inspection within five days:

The Housing Inspectorate registers this operation and exercises control over the expenditure of targeted funds on a par with the HOA auditor.

How to pay for major repairs from a special account?

If the deposit contains funds accumulated by transferring contributions from residents, then the meeting of owner-members of the HOA may decide to carry out major repairs in the house.

To pay the contractor for such work the responsible member of the partnership must submit the following documents to the credit institution, according to paragraph 4 of Article 177 of the RF Housing Code:

• a copy of the recorded decision to carry out repair work;
• work agreement with a contractor;
• act of acceptance and transfer of completed work.

If you plan to use financial resources placed in a special account to pay off a loan taken out earlier to carry out repair work, then you must additionally submit a loan agreement to the bank.

IMPORTANT! When transferring advance payments to a contractor before completion of repair work, an acceptance certificate is not required, but the contract agreement must contain a clause on the amount of the advance and the procedure for calculating it.

Any of the residents-members of the HOA has the right to contact the credit institution at the place where the special deposit is stored with a passport to obtain information about the balance of money in the special account and to receive an extract on the use of these financial resources for any period of time (clause 7 of Article 177 of the Housing Code of the Russian Federation).

So, using a special bank deposit is a reliable way to save money for major repairs and control how it is spent. A responsible approach by residents when voting and choosing a competent specialist as the person responsible for the special account will help to spend the homeowners’ money for its intended purpose.

We save separately

Before the start of the capital repair program for houses, owners by law had the right to choose the method of forming contributions. The first is the account of the regional operator, in which the funds of all owners are accumulated and spent in accordance with the regional program. In this case, the work is carried out in a certain order.

An alternative to the “common boiler” is to open a special account for each specific apartment building. Then the owners can be sure that their contributions will go towards the renovation of their home. In addition, they can independently determine the deadline and types of work, choose a contractor, agree on an estimate, and even increase the monthly contribution, if necessary.

“The individual savings method is convenient for new buildings and relatively new houses,” I am sure Director of LLC Management Company "PZhREU Kurchatovsky District" (Chelyabinsk) Anatoly Davydenko. - For old and small houses this method is ineffective. The collection from contributions will be small, and all the deadlines for major repairs have already come. When will they save up? Where will they get the money? You need to take a balanced approach to creating a special account. There are about 400 apartment buildings in our housing stock. Now only one of them has such an account open. The owners of four more houses came up with the initiative to hold general meetings with this agenda.”

According to Director of DEZ Kalininsky District LLC (Chelyabinsk) Konstantin Smirnov, their company, on the initiative of the owners, launched a project for managing special capital repair accounts: “The management company opens a special bank account with the possibility of placing funds on deposit at the highest possible interest rate, then develops an individual capital repair program for each house, which, as calculations show, will be implemented much faster than the regional one. And the owners are calm: their money is in a specific bank and is spent on renovating their house.”

Chairman of the Homeowners Association "Vozrozhdenie" (Chelyabinsk) Marina Pronina told our website that their home managed to switch to a separate account without any problems. In the first four months of fundraising for major repairs alone, they managed to collect more than 100 thousand rubles. This money was immediately used to repair the leaking roof.

“At first I found out all the details from the bank where you can deposit funds for major repairs,” the interlocutor says about preparing to open a special account. - There I also received a list of documents necessary for this, the main one of which is the minutes of the general meeting of residents. Then they held a meeting of residents: there were few people at the in-person voting, so later voting was held in absentia. The decision to open an account was made by a majority vote. Then we sent a notification about this to the registrar and transferred the data to the GIS Housing and Communal Services. There, our house was included in the register of houses, funds for major repairs of which are accumulated in a special account.”

Marina Pronina admits that there are nuances when switching from a registrar to your own account at home. For example, you will have to control the progress and quality of work, issue and distribute receipts for the HOA or management company yourself. Collection of debts from defaulters also falls on the account holder's shoulders. “But the advantages of the transition outweighed all these nuances,” says the chairman of the Vozrozhdenie HOA. - We ourselves manage the process. For example, according to the regional program, the roof of our house would need to be repaired in 2031. Thanks to the special bill, we were able to make the necessary repairs this year.”

Five steps to a special account

Residents can open a special account even after the start of the program. To do this, it is enough to follow a certain algorithm of actions.

Step 1. Find your home in the renovation program

First of all, you need to find your home in the list of apartment buildings that are included in the regional capital repair program. It is important to find out that the house is not recognized as dilapidated, otherwise the house falls into another federal program - for relocation from dilapidated housing, and the owners do not have to pay contributions for major repairs.

Information about which program period your home fell into can be found on the regional operator’s website. If the house is included in the regional capital repair program, the residents’ funds are sent to the reoperator’s account and spent in accordance with short-term plans. Do you want to switch from a common piggy bank to your own account at home? Then we move on to the second step.

Step 2. Hold a general meeting of owners

The initiator of the meeting can be the council of the apartment building, the chairman of the HOA or housing cooperative, or an initiative group from among the owners. According to new amendments to the housing law, from this year the management company can also initiate a meeting of residents.

The organizer must notify the owners of the meeting and indicate the item on the agenda - opening a special account for major repairs.

If the number of people present at the meeting is not enough to make a decision, it can be held again, this time in absentia. Absentee voting is considered valid if at least two-thirds of the total votes in the apartment building have been received.

Step 3. Draw up minutes of the decision of the general meeting of owners

The protocol needs to indicate several points. For example, indicate the amount of the monthly contribution (it may be greater than the minimum tariff established in the region), a list of works and services for major repairs (it cannot be less than those specified in the program - repair of the roof, foundation, facade, internal utilities). If the house has an elevator, then it should also be included in this list.

You must indicate the owner of the special account. According to the law, it can only be a legal entity - a homeowners association, housing cooperative, management company or reoperator. You must also indicate the bank in which the special account will be opened. Owners have the right to change the account holder and credit institution at any time if residents make such a decision.

At the end of June this year, amendments to the Housing Code were adopted, according to which, at a general meeting to open a special account, the owners must decide and agree with the future owner of the account that he will print and deliver receipts, and will also carry out claims work with debtors. This must be recorded in the protocol. Otherwise, it will be impossible to open a special account.

Special accounts in large banks for transferring fees for major repairs are planned to be protected as deposits. Such a bill was prepared by the Ministry of Construction of the Russian Federation. Residents of houses with special accounts are offered to open “special deposits” in any banks from among the 50 largest (with a net worth of at least 20 billion rubles). If banks' licenses are revoked, depositors will be able to receive the invested amount from special accounts in full.

Step 4. Select a bank to open an account

A special account can be opened in Russian credit institutions whose capital is at least 20 billion rubles. Money placed in the accounts of legal entities is not included in the state insurance system. Therefore, banks in which special accounts are opened must have a large amount of their own funds.

A special account is opened in the name of a legal entity upon presentation of the decision of the general meeting of homeowners, drawn up in minutes, and other documents provided for by banking rules. You can find out about them directly from the credit institution.

The list of banks ready to service special accounts for the formation of a capital repair fund includes: VTB Bank, Sberbank of Russia, Alfa Bank, Rosselkhozbank, UniCredit Bank, Otkritie Bank, Promsvyazbank and other. The Central Bank of the Russian Federation quarterly posts information about credit institutions on its official website.

Step 5. Notify about opening a special account

Within five days after opening a bank account, you must send a certificate from the bank to the state housing inspectorate along with a copy of the minutes of the general meeting of owners. It is also necessary to send a notification to the registrar.

However, residents will not be able to immediately switch to a special account. “We regularly receive applications from various management organizations that open special accounts for houses, the process is ongoing,” notes General Director of the regional operator of overhauls in the Chelyabinsk region Vadim Borisov. - But such houses will be able to use the accumulated amount no earlier than after one calendar year. Then the registrar transfers all the money accumulated by the house to his account.”

On December 25, 2012, the State Duma adopted amendments to the Housing Code, which established a new mechanism for accumulating funds for major repairs of the common property of apartment buildings. Now the main part of the financing of the overhaul program is the monthly contributions of apartment owners. They themselves decide how they will form a capital repair fund: either in a special account at home, or in a centralized account with a regional operator.

25.04.17 16:39

According to Article 175.1 of the Housing Code of the Russian Federation, hereinafter referred to as the Housing Code of the Russian Federation), temporarily free funds of the capital repair fund formed in a special account are placed by the owner of the special account on the basis of a decision of the general meeting of owners of premises in an apartment building on a special deposit in a Russian credit institution that meets the requirements established Part 2 of Article 176 of the Housing Code of the Russian Federation, on the basis of a special deposit agreement, which is concluded in accordance with the Civil Code of the Russian Federation and with the features established by the Housing Code of the Russian Federation.
A special deposit is not a way to form a capital repair fund, but an additional opportunity to receive income from temporarily free funds in a special account. Funds for the special deposit are transferred only from the special account and are also returned exclusively to the special account of the apartment building. This rule is established by part 3 of article 175.1 of the RF Housing Code. A special deposit is opened for a specific amount and for a certain period. On this amount the bank charges interest, which forms income.
It is advisable to open a special deposit if in the coming years the owners of premises in an apartment building do not plan to use the funds accumulated in the special account.
A special deposit can be opened only by decision of the general meeting of premises owners, with at least 2/3 of the votes of the total number of votes of the owners of premises in the house. The agenda should include the following issues:
1) conclusion of a special deposit agreement for the purpose of placing temporarily free funds of the capital repair fund formed in a special account;
2) choosing a bank to open a special deposit;
3) the amount of funds that will be placed on a special deposit;
4) the period for placing funds on deposit.
To carry out the procedure for placing temporarily free funds of the capital repair fund formed in a special account, a decision (protocol with attachments) drawn up in accordance with the requirements of the law must be sent to the owner of the special account.
The requirements for a credit institution where you can open a deposit are the same as for opening a special account: the credit institution must be Russian and have at least 20 billion rubles. own funds. The Central Bank of the Russian Federation quarterly posts information about credit institutions that meet established requirements on its website on the Internet.
The law does not prohibit opening a special deposit and a special account in different banks. The main condition: in both cases, banks must comply with the requirements of the Housing Code of the Russian Federation. All operations on a special deposit are carried out only through a special account. For example, you can only deposit funds from a special account. Refunds and payment of interest on a special deposit are also made only to a special account (Part 3 of Article 175.1 of the Housing Code of the Russian Federation). Termination of a special deposit agreement is the basis for closing a deposit account.
Funds from the special deposit are not spent. At the end of the deposit agreement, the amount placed on it is returned to the special account along with accrued interest.

The country's largest banks will create special deposits to save funds accumulated by owners for major repairs. Representatives of credit institutions reported this at a meeting chaired by the Deputy Minister of Construction and Housing and Communal Services of the Russian Federation, Chief State Housing Inspector Andrei Chibis.

Representatives of the Central Bank of the Russian Federation and banks discussed mechanisms for launching special deposits for owners who have chosen a special account to form a capital repair fund. Such deposits will help protect accumulated funds from inflation and increase the amount for work due to accrued interest.

The possibility of placing funds accumulated by owners on a special deposit was introduced at the beginning of July, and, according to the Central Bank of the Russian Federation, a number of credit institutions have already introduced corresponding financial products. For example, today owners can open a special deposit in Sberbank of Russia. In the near future, similar programs will appear in other banks that meet the requirements established by the Housing Code of the Russian Federation on the size of the authorized capital of 20 billion rubles. According to the Central Bank, today 53 banks correspond to them.

“The legislation provides for a convenient mechanism for protecting funds accumulated by owners for major repairs. If the house is new, then savings can take 5 or 10 years to form and, of course, it is necessary to provide convenient and safe tools for saving them. I am confident that in close dialogue with the banking community we will be able to launch a wide selection of deposits for these purposes; our common goal is to make this instrument widespread and effective,” commented Deputy Head of the Russian Ministry of Construction Andrei Chibis.

The hot summer of 2016 is in full swing: on July 3, Federal Law dated July 3, 2016 N 355-FZ, amending the Housing Code of the Russian Federation and the Federal Law “On Water Supply and Sanitation” came into force.

The document, among other things, established requirements for preservation funds from the capital repair fund, formed on a special account, and outlined the conditions for selecting a candidate for the position of head of a regional operator.

Safety of capital repair fund funds

Important changes affected Part 2 of Art. 44 Housing Code of the Russian Federation, approving competence of the general meeting of owners in MKD. Taking into account the changes made, the range of issues resolved by the OSS now includes making decisions on the method of organizing the capital repair fund in a special account.

In this regard, the OSS has the right:

• establish the amount of contribution for major repairs;
• determine minimum capital repair fund size- if the law of the subject of the Russian Federation establishes the minimum size of the capital repair fund;
• choose the person responsible for opening a special account;
• enter into a bank deposit agreement to place temporarily available funds from the capital repair fund in a special account;
• carry out transactions with funds located in a special account, a special deposit in a Russian bank in which it is planned to open such an account;
• place temporarily free funds of the fund in Russian credit institutions.

Thus, the procedure for placing temporarily free funds of the fund on a special deposit in a Russian bank is fixed.

In addition, the deadline for paying the penalty has been extended. If previously, owners of premises in apartment buildings who paid contributions for major repairs late or incompletely had to pay penalties from the day following the due date for payment, now - from the 31st day after the due date for payment.

Special deposit

Funds from a special account stored in a special deposit can be charged from its owner only in cases of obligations under agreements concluded on OSS (clauses 1.1-1, 1.2, part 2, article 44 of the Housing Code of the Russian Federation), and contracts for the provision of services or performance of work according to the Kyrgyz Republic OI in the MKD.

Transactions on a special account

• write off funds to pay for services rendered and work performed under the KR OI in the MKD;
• write off funds to repay loans taken to pay for services and work under Part 1 of Art. 174 Housing Code of the Russian Federation;
• transfer funds from one special account to another if the special account has been changed;
• based on the decision of the owners of premises in the apartment building to transfer funds to regional capital repair operator account and credit funds received from the regional operator when changing the method of forming the fund;
• credit contributions and penalties for major repairs.

In connection with the advent of a special deposit, three more possibilities appear:

• placement of all funds or part thereof on a special deposit;
• crediting funds from a special account to a special deposit;
• return of funds or part thereof, interest from their placement on a special deposit in accordance with the terms of the agreement special deposit to a special account.

Head of regional office

Federal Law N 188-FZ in Art. 178.1 of the Housing Code of the Russian Federation establishes the requirements for head of the regional office or to a candidate for this position.

Appointment to the position of head of a regional office occurs based on the results of an open competition.

The requirements for the candidate are clearly defined. A person cannot be appointed to this position if:

• the court declared him incompetent or partially incompetent;
• he is registered at a drug treatment or psychoneurological dispensary, as he is undergoing treatment for alcoholism, drug addiction, substance abuse, chronic and protracted mental disorders.

The candidate cannot have an unexpunged or unexpunged criminal record, or an unfulfilled punishment for any administrative offense in the form of disqualification.

A deputy of a legislative (representative) body of a constituent entity of the Russian Federation, a deputy of a local government body or a civil servant cannot be the head of a regional operator. If such a candidate is recognized as the winner of an open competition, then he must resign as a deputy or terminate his service contract for civil service within one month from the date of the relevant decision by the competition commission.

Qualification requirements are checked by exam:

• for a candidate for a position head of regional operator it is carried out during an open competition;
• for the head of a regional operator - at least once every three years, starting from the date of appointment.