Article 43. Maintenance of common property in a communal apartment
1. The owners of the rooms in the communal apartment bear the burden of the costs of maintaining the common property in this apartment.
2. The share of mandatory expenses for the maintenance of common property in a communal apartment, the burden of which is borne by the owner of the room in this apartment, is determined by the share in on the common property in the given apartment of the said owner.
Coment. to art. 41-43
1. The commented articles establish particularities for rooms (rooms) in an apartment, where the living quarters belong to several owners. We are talking about so-called communal apartments. These features are established due to the fact that the common property is available both in the residential building and in the communal apartment (to the common property in such apartment is all property outside the living quarters - rooms, including corridors and kitchens ).
2. Part 2 of Art. 41 LC of the USA it is established that the change in the size of the common property is allowed only with the consent of all owners (other owners) of the rooms by means of reorganization and (or) re-planning. (For details on how to carry out these works, see the commentary to articles 25 to 29. For changes in the boundaries of premises in an apartment building, see Article 40 and the comment to it.)
3. In Art. 42 LC of the USA is fixed that the share of each owner of a room in the common property of an apartment and an apartment house depends on the total area of the room (proportional to the area of the room). Here it is necessary to pay attention to the fact that in the property of one person there can be several rooms.
4. In part 3 -5 of the Art. 42 established rules relating to the regime of common property in a communal apartment. They are similar to the rules established by Art. 37 in relation to the common property of the apartment house (see comments on this article).
5. Part 6 of Art. 42 provides a rule that is, as it were, based on Art. 250 Civil Code of the United States: the right of primary purchase of a dwelling premise is granted to other participants (co-owners) of shared ownership. This can be the case in cases where a dwelling (room) is owned by several persons and one of them sells its share. The seller of a share is obliged to notify in writing other participants of the shared property, and they within a month should make a decision concerning the acquisition of this share. In case of a refusal to purchase, a share may be sold to an unauthorized person.
Therefore, the rule established by Part 6 of Art. 42, is determined without taking into account the fact that the rooms in the communal apartment are not in the common share ownership of all the owners of these rooms (neighbors in the apartment), but belong to each of them, i.e. are allocated in kind. In other words, the US LC, despite the reference to the US Civil Code, provides for the right of primary purchase of a dwelling not by participants in common shared property (Article 244-246 of the Civil Code of the United States), but by neighbors in a communal apartment.
6. In Art. 43 refers to the obligation of the owner of the room to participate in the maintenance of the common property of the apartment, taking into account his share in the total property, which depends on the area of the room (determined proportionally to the area of the room). On this issue, see also the comment. to art. 39.
Article 44. General meeting of owners of premises in an apartment building
1. The general meeting of owners of premises in an apartment building is the governing body of an apartment building.
2. The competence of the general meeting of owners of premises in an apartment building is:
1) Decision-making on the reconstruction of an apartment building (including its extension or superstructure), the construction of economic buildings and other buildings, structures, structures, capital repairs of common property in a multi-apartment building (b ed Federal Law No. 123-FZ of 04.06.2011);
2) making decisions on the limits of the use of the land plot on which the apartment building is located, including the introduction of restrictions on the use of it;3) making decisions on the use of common property of owners of premises in an apartment building by other persons, including the conclusion of contracts for the installation and operation of advertising structures, if for their installation and operation it is intended to use the common property of owners of premises in an apartment building (p. 3 in of the Federal Law No. 228-FZ of September 27, 2009);
3 .1) Decision-making on the identification of persons who on behalf of owners of premises in an apartment building are authorized to conclude contracts for the use of common property of owners of premises in an apartment building (including contracts for installation and operation of advertising structures) on terms determined by the resolution of the general meeting (item 3.1 introduced by Federal Law No. 228-FZ of 27.09.2009);
4) choosing the way to manage an apartment building;
4.1) making decisions on the current repair of common property in an apartment building (paragraph 4.1 introduced by Federal Law No. 123-FZ of 04.06.2011);
5) other issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building.
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