An intercom is a complex electronic device that provides residents of houses with comfort and relative safety of entrances. The convenience of the mechanism is undeniable. However, citizens are surprised and outraged by the monthly charges for equipment maintenance that the management company includes in their bills.
Let's look at whether additional amounts in payments are legal. What determines the amount of the additional contribution? Is it possible not to pay money for intercom service? In what situations is it permissible to refuse a payment, and when is it impossible?
Legislation
Issues of financing an electronic front door locking system are dealt with in several regulations. Thus, the situation is regulated on the basis of:
- Decree of the Government of the Russian Federation No. 491 of 08/13/06;
- Housing Code (LC) of the Russian Federation.
Important: in terms of functionality and method of use, an intercom is recognized as common property.
And the maintenance of the latter is the responsibility of the residents of the houses. The automatic system, according to paragraph 7 of the Rules for the maintenance of common property (Resolution No. 491), is classified as the latter. Article 36 of the Housing Code deciphers the concept of common property. This belongs to all residents of the entrance or building in shares. And Article 39 of the Housing Code states that common property is maintained by the owners.
Thus, the inclusion of a new type of payment in the accounts of apartment owners and tenants has a basis. But there are certain nuances. The fact is that property is acquired only with the consent of the future owners. They are also obliged to take care of the maintenance of the property. Consequently, the installation of an intercom is accompanied by documentation. The future amount in the payment slip depends on its type and content.
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Decree of the Government of the Russian Federation of August 13, 2006 N 491 On approval of the Rules for the maintenance of common property in an apartment building
Clause 7. Decree of the Government of the Russian Federation of August 13, 2006 N 491
Housing Code of the Russian Federation dated December 29, 2004 N 188-FZ
Article 36. Ownership right to the common property of the owners of premises in an apartment building of the Housing Complex of the Russian Federation
Article 39. Maintenance of common property in an apartment building
What you need to pay for
An intercom is a complex electronic system. Electricity is required for its operation. In addition, it requires preventative maintenance. User fees are charged to organize the following events:
- power supply;
- repair;
- service.
In fact, the system does not require much money. Good equipment rarely breaks down. But it takes a little electricity, this is not a heating device. But sometimes unjustified figures appear in the accounts.
For example, residents of one of the houses acquired an electronic key. They needed 10,000.0 rubles to purchase equipment and install it. There are 64 apartments at the entrance. All owners began to receive additional bills for equipment maintenance in the amount of 160.0 rubles. per month. This amounts to 10,240.0 rubles. It is clear that it is cheaper for residents to install new equipment every month than to maintain an installed system.
Where does the amount for maintaining the intercom come from?
An automatic locking system for the front door is installed in the entrance at the initiative of the owner. The event presupposes the existence of an agreement between the parties.
And the additional amount in the payment depends on its conditions. Sometimes it is the tenants themselves who are to blame for having to pay unreasonable monthly payments. As a rule, the installation of an electronic system occurs according to the following scheme:
- Residents come to a general agreement and the need for equipment.
- Together, the owners choose the method of interaction with the company providing the relevant service: conclude an agreement independently (through an authorized person);
- transfer responsibility to the management company.
Future charges for equipment maintenance depend on the terms of the agreement with the service company. But citizens often do not pay attention to such trifles. However, this is an extremely important factor. The company is interested in receiving regular income. If you do not limit its requirements to reasonable limits, you will have to pay constantly.
Important: the amount and frequency of payment for intercom maintenance is established by agreement between the parties.
What does the monthly fee take into account and what influences its size?
If the intercom is in good condition, there are no costs for its maintenance.
We invite you to familiarize yourself with: Marriage agreement: how to conclude, conditions, sample filling, form
The electricity consumed by the device is included in the ODN payment bills.
The monthly subscription fee somehow justifies itself only if the device malfunctions, the elimination of which is carried out at the expense of the service company.
According to the contract, the company is obliged to draw up maintenance reports, but this is a rather rare occurrence.
At the same time, residents may raise the issue of the company’s failure to fulfill its contractual terms if they are refused to provide such certificates.
It is possible to charge both apartment-by-apartment and depending on the area of housing.
Is it necessary to pay
The accounting department is obliged to make accruals based on the terms of the contract.
If the document specifies a monthly fee, you will have to pay it. A citizen can proactively inquire about the terms of the agreement. A copy is kept in the management company, since it is this organization that deals with settlements with residents. There is another way to pay the service company. The parties may agree on annual maintenance and repair work. In such a situation, the company issues invoices for services:
- once a year;
- in case of repair.
If there is no handset
The equipment installation process involves obtaining consent from each tenant and owner. Moreover, the document must be drawn up in writing. The law requires the presence of minutes of the general meeting of residents . It describes the upcoming event, including:
- everyone’s agreement to the costs of purchase and installation;
- confirmation of receipt of information about the need to pay a fee for maintenance/repair;
- other.
Important: the protocol is signed by each owner or tenant separately.
Failure to obtain written consent for the installation of equipment may result in the unlawful collection of additional fees. In accordance with the current legislation, charges are made for the maintenance of common property. And in order for the electronic key to be included in its composition, it is necessary to re-issue the technical passport of the building. If such an event is not carried out, then it is illegal to charge the tenant who refused the phone.
If the device is broken
The agreement between the parties clearly states the conditions for servicing the equipment. If the latter does not function, then repair is required. Failure to comply with the conditions gives the owner the right to demand a response from the company. And this means a reduction in financial obligations.
Hint: if the intercom does not function for a long time, the residents of the entrance may request a recalculation of the fee.
If a person does not live indoors for a long time
During the period of departure from the apartment, the tenant has the right to notify the management company in order to suspend accruals. However, the rule does not apply to the maintenance of common property. You will have to pay money for the intercom even if you leave for a long time. Accruals are made in accordance with the terms of the agreement. Hint: it is advisable not to delay depositing funds longer than 31 days from the date of the next payment. Otherwise, the management company will have the opportunity to accrue penalties.
How to disable it yourself
You can try to disable the intercom system yourself. Most devices initially provide temporary shutdown functionality. There is a special button mounted on the handset that turns off the sound signal or blocks the operation of the device.
Sometimes you can simply pick up the phone to get rid of intrusive calls. If such functions are not provided in the device, you need to consult on this issue with the company that services intercoms.
If disconnection is necessary due to the lack of old keys, this happens when people buy an apartment and the previous owner does not leave the keys. In such a situation, special functions of the device will help, with which you can erase data on old keys and enter new information for the new owners.
This is done by a company that installs and services the intercom system. If you have master codes and instructions for the intercom, you can perform all the manipulations yourself.
Video on the topic:
If there is no agreement
Completely different rules apply if residents have not signed an agreement with the company that installed the locking system.
The absence of a document makes the accrual illegal. That is, the management company does not have the right to issue a separate invoice for servicing the locking system. Electricity costs are included in the general line for the maintenance of home property. Hint: Citizens can request a recalculation if they were billed unreasonably. At the time of making the decision to install an automatic lock at the entrance, a representative of the company offers people to choose a service tariff. These differ in amounts and number of services. Namely:
- Full includes regular inspections and repairs. Assumes a monthly payment.
- There are tariffs where you only have to pay for annual maintenance and repairs.
- Sometimes the preventive maintenance clause is not included in the document. In such a situation, charging additional money is illegal.
For information: the courts of Moscow, Voronezh and other cities made decisions to recalculate invoices for the maintenance of the intercom issued without concluding an agreement.
Installation of a locking system
We are already accustomed to the fact that an “additional warranty”, “maintenance” and other dubious services are imposed on each product, so we clarified why we need maintenance during the warranty period. They didn’t answer us anything intelligible, we didn’t sign the contract, but three months later our apartment pipe was turned off “for non-payment.”
We had to thoroughly understand this issue, let's start with theoretical principles. It is important! What utilities can be disconnected for non-payment. Do they have the right to charge for an intercom: legislative framework. According to Art. 37 of the Housing Code of the Russian Federation “the owner’s share in the common property of an apartment building is proportional to the size of the total area of the specified premises” - we immediately see that the fee for an intercom should theoretically depend on the size of the apartment. Art.
payment for the maintenance of residential premises, including payment for services, work on managing an apartment building, for the maintenance and current repairs of common property in an apartment building, for utility resources consumed during the use and maintenance of common property in an apartment building.”
How to refuse an unfavorable agreement with a service company
Owners can terminate an unfavorable agreement with the company that installed the locking system at any time . To do this, it is necessary to carry out the following activities:
- Convene a general meeting of residents of the house/entrance.
- Decide to suspend the previous agreement.
- Document the decision in a protocol. The document must be signed by everyone present. Moreover, the vote is considered valid if at least 2/3 of the total number of tenants took part in it.
- One copy of the protocol is attached to the written application and handed over to the service company. In addition, you need to inform the management company in writing.
Important: the equipment remains at the disposal of the residents of the house.
Further actions depend on the wishes of the residents. There are several options for solving the problem of equipment breakdowns. Namely:
- Hire a specialist as needed, paying for his services out of your own pocket.
- Conclude an agreement with another organization.
- Draw up a new, more profitable agreement with the same company.
Hint: it is advisable to record a method for solving a problem with probable equipment failure in the same minutes of the general meeting.
