Refusal of the garbage chute. Brew can not be left

Decision No. 2-6045/2013 М-5789/2013 2-75/2014(2-6045/2013;)~М-5789/2013 2-75/2014 of January 10, 2014

Case No. 2-75/2014

SOLUTION

Name Russian Federation

Leninsky District Court of Saratov, consisting of

presiding judge Pimenov I.I.,

under the secretary Kosyreva O.N.,

with the participation of the representative of the defendant Zlepko E.V.,

examined in open court a civil case on the statement of claim Komarova H.The. to the Doma Kontakt Limited Liability Company on the elimination of obstacles in the use of the common property of an apartment building,

installed:

Komarova N.V. filed a lawsuit against the Doma Kontakt Limited Liability Company (hereinafter LLC) to remove obstacles to the use of the common property of the apartment building and asked to oblige the defendant to eliminate obstacles to the use of the common property of the apartment building - a garbage chute located in the first entrance of house No. , by bringing the garbage chute into working condition - by boiling it and ensuring the proper maintenance and repair of the garbage chute, as well as recover from the defendant in his favor the legal costs of paying the state fee in the amount of 200 rubles. In substantiation of the claim, she indicated that she is the owner of the residential premises located at the address:. Their house is managed by Doma Kontakt LLC. The defendant, being a provider of housing and communal services, regardless of its departmental affiliation, is obliged to provide residents with services that meet the mandatory requirements of standards in terms of quality and volume, sanitary norms established by the standards and conditions of the contract, as well as properly maintain and repair the common property of their apartment building. For its part, it fulfills its obligations in full - regularly pays utility bills and services for managing a residential building, pays for the maintenance and repair of the common property of an apartment building. She has been living in the house at the indicated address since the house was put into operation, that is, since 1976. Their house is equipped with a garbage chute and initially, until July 2012, the garbage chute functioned properly. In July 2012, the defendant arbitrarily, without legal grounds and without the consent of the owners of residential premises, welded the loading valves of the garbage chutes in the entrance where she lives. Since the garbage chute is part of the common property owned by all owners of the premises of an apartment building, it is subject to paragraph 10 of the Rules for maintaining common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, which obliges to ensure the availability of use of common areas . The plaintiff believes that the defendant does not fulfill his obligations, violates the current housing, sanitary and epidemiological legislation and violates her rights as the owner of the common property of an apartment building, creating obstacles to the use of common property, namely the garbage chute. In addition, Part 3 of Art. Section II. Ownership and other real rights to residential premises > Chapter 6. Common property of owners of premises in an apartment building. General meeting of such owners > Article 36. Ownership of the common property of the owners of premises in an apartment building Welding inlet valves and stopping the operation of the garbage chute led to a decrease in the size of the common property in their apartment building.She, as well as other residents of her entrance, repeatedly appealed to the management company - Doma Kontakt LLC and other authorities and organizations demanding to eliminate violations of their rights, restore the operation of the garbage chute and eliminate obstacles in the use of the common property of an apartment building.In response to numerous appeals from residents, the defendant wrote in writing that the garbage chute in entrance No. in building No. was welded up due to great deterioration, a meeting of owners was held, by a majority of votes (51, 2%), a decision was made to weld the garbage chute and install a container site, as evidenced by the minutes of the general meeting of homeowners dated 03. On August 08, 2012, the State Housing Inspectorate and Rospotrebnadzor also did not see any violations, referring to the decision of the extraordinary general meeting of owners of residential premises in the form of in-person voting and recommended that they go to court. The petitioner's signatures of 22 owners of the premises in their entrance in support of the functioning of the garbage chute testify that they are all against the welding of the garbage chute. In addition, on August 30, 2012, they applied to Doma Kontakt LLC with a request to weld the garbage chute, which was signed by 19 people. According to the plaintiff, by virtue of Part 2 of Art. , the issue of closing or opening a garbage chute is not within the competence of the general meeting of owners. Clause 3, Part 2, Art. endows the general meeting with competence only in making decisions on the issue of the use of common property by persons other than owners and tenants. Thus, the decision of the general meeting of owners on the issue of the use of common property by the owners and tenants of the premises has no legal force. Therefore, the management company is obliged to remove any obstacles in the use of the garbage chute and ensure its proper maintenance even if such a meeting were held and the decision was made by all owners. Moreover, in its response to their statement, Doma Kontakt LLC refers to the minutes of the general meeting of homeowners dated 08/03/2012, although in fact the garbage chute was welded on 07/27/2012, that is, earlier than the decision of the owners was supposedly received on this question. She believes that the arrangement of the container site does not in any way restore her right to use the garbage chute as the common property of an apartment building. In addition, her apartment is located on the 4th floor, and the container yard is located at a considerable distance from her entrance. Due to her age and state of health, it is very difficult for her to take out the garbage in containers, especially in winter.

The plaintiff did not appear at the hearing on 10.01.2014, was duly notified, and asked to consider the case in her absence. Earlier in the court session, she explained that in July 2012 the defendant arbitrarily, without legal grounds and without the consent of the owners of residential premises, welded the loading valves of the garbage chutes in the entrance where she lives. She repeatedly appealed to the defendant with a request to eliminate all violations, but to no avail. The defendant refers to the minutes of the general meeting dated 08/03/2012, at which it was decided to weld the garbage chute. But in fact, the garbage chute was welded on 07/27/2012 and no general meeting was held.

The representative of the defendant Zlepko E.The. at the hearing with the claim did not agree in full and asked to dismiss it. She explained that a general meeting of the owners of the residential building was held, at which it was decided to weld the garbage chute and install container sites. Currently, the container site for the 1st entrance is functioning, it is located between the 3rd and 5a houses, which is confirmed by the plan. For other entrances, the site has not yet been installed, since a sanitary gap of 20 m is required between the container site and residential buildings and a certain maximum distance from the entrances themselves. Work on this issue is currently underway. But there is a container yard specifically for the No. th entrance of the house No. po, which is the decision of the Commission of the Leninsky District. The garbage chute in the 1st entrance was welded up quickly, as it was in an emergency condition, large funds are required for its repair, which the residents of the house do not agree to. A general meeting was held throughout the house and a decision was made to weld the garbage chutes. They acted within the given decision of the tenants. In connection with the welding of the garbage chute, the fee for the removal of solid waste has decreased and has become not 2 rubles 03 kopecks, but 1 ruble 23 kopecks. Considers that the plaintiff has missed the deadline for appeal said decision meeting, as decisions of the general meeting are appealed within six months.

After hearing the explanations of the plaintiff and the representative of the defendant, witnesses and examining the materials of the case, the court comes to the following.

decided:

In satisfaction of the claims Komarova H.The. to the Doma Kontakt Limited Liability Company to remove obstacles to the use of the common property of an apartment building - to refuse.

The decision can be appealed on appeal within a month from the date of its adoption in the final form to the Saratov Regional Court through the Leninsky District Court of Saratov.

Court:

Leninsky District Court of Saratov ( Saratov region)

Plaintiffs:

Komarova N.V.

Respondents:

OOO Doma Kontakt

Judges of the case:

Pimenov I.I. (judge)

Litigation on:

Recognition of the right to use residential premises

Arbitrage practice on the application of Art. 30, 31 LCD RF

In accordance with Art. 36 of the Housing Code of the Russian Federation, common property in multi-apartment buildings includes premises that are not part of apartments and are intended to serve more than one room, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements, in where there are utilities, other equipment serving more than one room in the house (technical basements), as well as roofs enclosing load-bearing and non-bearing structures of the house, mechanical, electrical, sanitary and other equipment located in the house outside or inside the premises and serving more than one room land plot on which the house is located, with elements of gardening and improvement and other objects intended for maintenance, operation and improvement of the house, located on the specified land plot.

Subject to the provisions of h. 1 Article. 36 LCD RF, p. 2, pp. "e" clause 11 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, clause 1.8, clause 3.7, clause 5.9 of the Rules and norms for the technical operation of the housing stock, approved by the Decree of Gosstroy RF dated September 27, 2003 No. 170, garbage chutes are an integral part of the common property of apartment buildings, as sanitary equipment located in an apartment building.

By virtue of h. 1 Article. 44 of the Housing Code of the Russian Federation, the governing body of an apartment building is the general meeting of owners of premises in an apartment building.

The procedure for holding such a meeting is regulated by Art. 45-48 LCD RF, namely:

• an extraordinary general meeting of owners of premises in an apartment building may be convened at the initiative of any of these owners;
• the general meeting of owners of premises in an apartment building is competent (has a quorum) if the owners of premises in this building or their representatives, who have more than fifty percent of the votes of the total number of votes, took part in it;
• the owner, on whose initiative a general meeting of owners of premises in an apartment building is convened, is obliged to inform the owners of premises in this building about such a meeting no later than ten days before the date of its holding;
• the notice of holding a general meeting of owners of premises in an apartment building must contain: information about the person on whose initiative this meeting is convened; form of this meeting; the date, place, time of this meeting or, if this meeting is held in the form of absentee voting, the closing date for the acceptance of decisions of the owners on the issues put to the vote, and the place or address where such decisions should be submitted; the agenda for that meeting; the procedure for getting acquainted with the information and (or) materials that will be presented at this meeting, and the place or address where they can be found;
• decisions of the general meeting of owners of premises in an apartment building are drawn up in minutes in the manner established by the general meeting of owners of premises in this building;
• the general meeting of owners of premises in an apartment building is not entitled to make decisions on issues not included in the agenda of this meeting, as well as change the agenda of this meeting.

For the conservation of the garbage chute, it is necessary to hold a general meeting of the owners of the premises. To make a decision, it is necessary to gain a simple majority of the votes of the owners (if there is a quorum).

The general meeting of owners, when deciding on the conservation of garbage chutes, must take into account two important circumstances:

1. Based on clause 2.1.3, clause 2.2, clause 2.2.3 of SanPiN 42-128-4690-88. “Sanitary rules for the maintenance of territories of populated areas”, paragraph 2.13 of SNiP 2.07.01-89 “Urban planning. Planning and development of urban and rural settlements» and clause 3.7.6. Rules and norms for the technical operation of the housing stock, approved by the Decree of the Gosstroy of the Russian Federation on September 27, 2003 No. 170, if there is no garbage chute (or it does not work), then a container site should be equipped. The container site should be open, with a waterproof coating (concrete, asphalt) and preferably fenced with green spaces. Sites for the installation of containers should be removed from residential buildings, children's institutions, sports grounds and from places of recreation for the population at a distance of at least 20 m, but not more than 100 m. That is, before welding the garbage chute, it is necessary to equip the container site.
2. If an apartment building pays for the maintenance and repair of common property at the so-called "municipal tariff", then it is different for houses equipped with a garbage chute and for houses that are not equipped, or with inactive garbage chutes. That is, after making a decision on the conservation of the garbage chute, it is necessary to revise the tariff. For example, in Yekaterinburg, the tariffs are as follows:
   

   1.	Houses equipped with elevators and garbage chutes (operating):
   		for 1 sq. m total area in a separate apartment	for 1 sq. m of living space in a communal apartment
   			greater than or equal to 1.60	less than 1.60 but greater than or equal to 1.40	less than 1.40
   	non-gasified	25,45	40,77	35,65	32,09
   	gasified	25,92	41,51	36,31	32,68
   2.	Houses equipped with elevators, without garbage chutes (or with inactive garbage chutes):
   	non-gasified	24,68	39,52	34,56	31,11
   	gasified	25,15	40,26	35,22	31,70
   3.	Houses equipped with garbage chutes (operating), not equipped with elevators:
   	non-gasified	20,08	32,17	28,13	25,33
   	gasified	20,55	32,91	28,79	25,92
   4.	Houses not equipped with elevators and garbage chutes:
   	non-gasified	19,31	30,94	27,05	24,35
   	gasified	19,78	31,68	27,71	24,94

3. For the reactivation of garbage chutes, it is important to comply with the following condition: the presence of equipped access roads for a garbage truck to the garbage chambers (with the possibility of a U-turn or a through passage through the yard).

Note: Currently, in Yekaterinburg and throughout Russia, there is a tendency for owners to refuse to use garbage chutes.

This is due to several reasons:

• the structure of garbage has changed. Modern garbage (and this is mainly packaging) does not fit into the receiving hatch and the trunk of the garbage chute (which were designed according to GOSTs and SNiPs of Soviet times); the amount of garbage itself has increased significantly;
• low culture of the inhabitants. Trying to throw it in the garbage chute Christmas trees, boxes of household appliances and furniture, broken skis and other bulky debris. Sometimes they even throw away liquid household waste(soups, pickles, etc.) that emit an unpleasant odor;
• shortage of personnel. There are fewer and fewer workers willing to service garbage chutes for a relatively small fee;
• proper maintenance of the garbage chute requires a certain engineering infrastructure and the cost of its maintenance - the garbage chambers must be heated, they must be provided with water supply and sewerage for washing the container, shaft and the garbage chamber itself. It is also necessary to systematically do its disinfection treatment.

Wording in the agenda of the general meeting of owners:

On the conservation (closing) of garbage chutes in the entrances of an apartment building at the address:……. and the exclusion from the tariff "Maintenance and repair of common property" of the article "Maintenance of the garbage chute" (... rubles per sq.m.).
On the reactivation (opening for use) of garbage chutes in the entrances of an apartment building at the address:……. and inclusion in the tariff “Maintenance and repair of common property” of the article “Maintenance of the garbage chute” (….rubles per sq.m.).

Conservation - carrying out thorough disinfection of the waste chute shaft, receiving device, container, waste chamber space (floors, walls), blocking (for welding) the covers of loading valves on the floors, de-energizing and blocking the control cabinet for the shaft cleaning mechanism ("ruff"), water discharge and installation of plugs on the water supply pipeline for washing the barrel and the garbage chamber.

1. Please, how to write an application to the Criminal Code to weld a garbage chute in the entrance.

1.1. Good afternoon. It is necessary to take a decision of the general meeting of owners of the premises of an apartment building on this matter. You can't force it without it.

Did you answer: Yes No

1.2. Hello Nina Nikolaevna!
An application to the Criminal Code with the requirement to weld the garbage chute is drawn up in any form. State your arguments and requirements.

Did you answer: Yes No

1.3. Hello! State the essence of the problem in any form, justify it and indicate what you are asking. At the same time, it will be better if the application is collective.

Did you answer: Yes No

1.4. Hello! In this case, in any form, write on this circumstance.
Thank you for being with us, we were happy to help you!

Did you answer: Yes No

2. A garbage chute was welded up in our new building, is it legal?

2.1. Hello, in order to make such a decision, it is necessary to hold a general meeting of the owners of an apartment building. If there was no meeting and the quorum on this issue is not reached, then the actions are illegal. Contact your CC.
Good luck and all the best

Did you answer: Yes No

2.2. Good afternoon
This information must be obtained from your management company, why this happened. You can write a complaint to the housing inspectorate and the prosecutor's office
Best wishes.

Did you answer: Yes No

2.3. Good afternoon, Anna! If there are deviations from the project, there is no decision of the owners on their consent to carry out these works, then the actions of the developer are not lawful. You can file a claim and demand the elimination of deficiencies with an indication of the period for their elimination. I advise you to contact lawyers in your personal mail, they will help in solving your problem, suggest ways and means of solving it, draw up Required documents. You can successfully resolve your issue with legal assistance.
Thank you for using the site!

Did you answer: Yes No

2.4. The interested person has the right, in accordance with the procedure established by the legislation on civil proceedings, to apply to the court for the protection of violated or disputed rights, freedoms or legitimate interests. (part 1, article 3 of the Code of Civil Procedure of the Russian Federation)

Did you answer: Yes No

3. In our entrance, a garbage chute was welded up, some are against it.

3.1. Good evening!
The disposal and use of common property is possible only with the consent of all co-owners.
You should file a complaint with the Prosecutor's Office.

Did you answer: Yes No

3.2. Hello, in an apartment building that has a garbage chute, it can be welded on the basis of a decision of the general meeting of owners, adopted in the prescribed manner.
To resolve your issue, you need competent legal assistance. Always happy to help!

Did you answer: Yes No

4. We want to weld a garbage chute in the house, how many votes should be "for"

4.1. No one will allow you to do this, no matter how many votes there are. Today there are only tenants in the house, tomorrow there will be others and no one has the right to deprive them of the right to use the garbage chute.

Did you answer: Yes No

4.2. Hello Love.
A simple majority of votes is sufficient.
(Decree of the Government of the Russian Federation of August 13, 2006 N 491, Article 44 and Article 36 of the Housing Code of the Russian Federation).

Did you answer: Yes No

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Thanks for your reply. To merge cases - this is for parents to accept the claim in proceedings before they merge. And the parents refused to accept the claim. That was the question - how?

5. To weld a garbage chute, how many votes do you need? 100% or more than 59%?

Did you answer: Yes No

5.2. The quorum is over 50%.

Did you answer: Yes No

6. Does the chairman of the HOA have the right to weld the garbage chute?

6.1. Hello. No, without a court decision, or a general meeting, this is not legal.

Did you answer: Yes No

6.2. Unfortunately, no! It is necessary that at the meeting this issue be resolved positively by voting and adopted by a majority of votes. Or the residents of the entrance must all write a statement and hand it to the chairman.
Fight for your rights!!! Good luck to you!

Did you answer: Yes No

7. Where to turn to weld a garbage chute in a 9-storey building?

7.1. Contact the management company, but since the garbage chute is a common property, all issues with its use are resolved at a general meeting of owners

Did you answer: Yes No

8. Welded a garbage chute in a 17-storey building, this does not suit me. Half of the entrance is not inhabited yet. Do they have the right to do so? There was a meeting of those tenants that exist at that time, to be honest, I did not take seriously that they could really do this, so I did not take part in the vote. And now they welded up the garbage chute, but many residents are just now moving in. What should I do, I would like to restore the garbage chute?

8.1. Good afternoon Initiate a meeting of tenants and bring the issue up for discussion. If a majority vote decides to restore the garbage chute, then the management company will be obliged to restore it.

Did you answer: Yes No

9. Welded the garbage chute. Violating the rights of a disabled person, on accessibility to engineering structures. During the year, they calculate for the maintenance of the garbage chute. The management company does not recalculate. Where to apply?

Did you answer: Yes No

10. I wanted to take an interest, they installed a partition where the garbage chute was welded, now a neighbor came and said that she wrote a statement to the Criminal Code that it somehow interferes with her, what should I do? How to legalize? Thank you.

10.1. You did not indicate where you installed the partition, in the apartment, on the common land plot, and how it interferes with the neighbor. Please clarify the question and ask again.

Did you answer: Yes No

10.2. Hello, since this place is the common property of the owners of the apartment building, it is possible to legalize your use of it only as a result of holding a general meeting of the owners of the apartment building and obtaining a quorum on this issue. Otherwise, you will have to bring everything back to its original state.
Good luck and all the best

Did you answer: Yes No

11. At the time of the overhaul, the Criminal Code welded up the garbage chute and now they have also walled it up. I, as the owner of the housing, are against it, especially since I don’t have my signature that I was notified of the meeting at which the decision was made by a majority of votes. Plus, regarding the hot / cold water meters, they are required to remove them and take them for verification. Counters are 10 years old. And they consider the water consumption not according to meters, but according to some other norms. Ignore taking testimony referring to a malfunction, although a 15-year guarantee is written in the passport.

11.1. Contact the housing inspectorate and the court.

Did you answer: Yes No

12. How can we weld a garbage chute in a house owned by a housing estate. I heard that if they hold the World Cup, the city will have to weld all the garbage chutes (the conditions for holding the championship) and put up waste-separating bins.

12.1. You cannot on your own.

Did you answer: Yes No

12.2. needs to be checked with management.

Did you answer: Yes No

12.3. In order to weld the garbage chute, you need the decision of the general meeting of owners of the MKD premises

Did you answer: Yes No

13. The head of the entrance insists on welding the garbage chute. I am categorically against this. How many residents must vote for a decision to weld a garbage chute for it to have legal effect? Should it be the decision of all the residents of the house or is the decision of the residents of the entrance sufficient? How can I defend my rights in connection with disagreement in the event of a decision to weld the garbage chute?

Thanks for your reply Elena.

13.1. The garbage chute is provided for by the project of the house and for sure its maintenance is included in the tariff for the maintenance and repair of common property. Therefore, you have not one problem, but two, because. it is necessary to resolve the issue of the conservation of the garbage chute and the exclusion of the amounts for its maintenance from the tariff, besides, there is a garbage chute in each entrance. The issue of welding (mothballing) the garbage chute must be decided at the general meeting and there the issue of excluding the amounts for its maintenance from the tariff should be resolved. It is necessary to invite a representative of the organization involved in the maintenance and repair of common property and collecting money for this to this meeting.

Did you answer: Yes No

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14. We have a functioning garbage chute in our house. Because of this, we suffer from stink, mice and rats. They run from apartment to apartment. The majority of residents are 90% against the garbage chute, but the Criminal Code says that there should be 100% of the vote. Only in this case the garbage chute will be welded. Is it legal? And is it possible to weld the garbage chute by contacting Rospotrebnadzor with a statement, attaching the number of votes and citing unsanitary conditions in the house. Rat-baiting is carried out regularly, but these measures do not help!

14.1. Hello! the garbage chute can be welded only by holding a general meeting of the owners of the MKD.

Did you answer: Yes No

15. A garbage chute is welded in the house, my complaint to the Rospotrebnadzor and the housing inspectorate is referred to the voting protocol of the owners of residential premises (51 percent for the non-opening of the garbage chute) Can, with the consent of all the residents, not weld the garbage chute in a multi-storey building? On what basis do residents decide this issue? (if possible, indicating articles in the law) Is it right to close the garbage chute without the consent of all residents, because it belongs to common property.

15.1. Dear Julia.

The absence of a garbage chute in a building above five floors is possible only if there are other means for removing garbage - otherwise, the housing may be declared unfit for habitation.

According to the Housing Code, the garbage chute can be mothballed only with the consent of the tenants-owners. The decision is made by a majority vote - that is, if at least a little more than half of the residents agree to get rid of the garbage chute, the public utilities have the right to weld it up. You can vote for such a decision in any form - hold a general meeting, distribute ballots to apartments, or just a collective letter signed by residents is enough. Before closing the garbage chute, REU employees are required to clean and disinfect it. And then make a recalculation, that is, do not calculate money for cleaning it as part of the rent.

With the consent of the residents-owners, a closed garbage chute can be reactivated (in this case, a collective letter is also sufficient).
ALL THE GOOD TO YOU.

Did you answer: Yes No

16. In our nine-story building, a garbage chute was welded up, because of the high payment, they posed the question to the residents that the payment per month would rise by 200-300 rubles, depending on the squares of the apartment, and the majority voted to weld it up, I live on the 9th floor, It's a big inconvenience for me, please help.

16.1. There must be a decision of the owners in this regard. If this decision is made by a majority vote in accordance with the RF LC, it is unlikely that you will be able to do anything. Contact the board for an application.

Did you answer: Yes No

16.2. Good afternoon

If at the general meeting of owners of residential premises by a majority of votes it was decided to weld the garbage chute, then this is legitimate and must be taken into account.

Good luck.

Did you answer: Yes No

17. DD. Constantly, in the same place, between the 4th and 5th floors, the garbage chute gets clogged. The reason is the narrowing of the common trunk of the garbage chute. I want to make a garbage chute. What to do? Can it be declared unusable? Etc. ...

17.1. Hello Elena Yurievna. You can, of course, weld the garbage chute, but first you will then have to ensure that there is another garbage chute ...
Perhaps you first need to contact the housing inspection for the inaction of the management company.

Did you answer: Yes No

18. In our new building, a garbage chute has been welded for the second year. The Criminal Code responds to appeals on this matter that they will boil it only if we bring them more than 50% of the signatures of the owners. How legitimate is their claim? Do they have the right not to open the garbage chute by law? What regulations and norms of legislation can force them to open a garbage chute, even if the majority of owners are against it?

18.1. Julia!

Sanitary standards are violated, contact the prosecutor's office

Did you answer: Yes No

19. A garbage chute was welded up in a student hostel, referring to cockroaches. They said that we live too well. But at the same time, a month earlier, they raised the price of a hostel. It is legal?

19.1. These are two different concepts of the amount of payment for a hostel and the welding of a garbage chute.
According to the design of the building and sanitary requirements, the garbage chute must be, i.e. let them do the cleaning
the fee for the premises is set by order of the rector, he may not know at all about the garbage chute
file a collective complaint against the one who brewed the garbage disposal.

Did you answer: Yes No

20. At the entrance of the railway there are 28 apartments and a running garbage chute with hordes of cockroaches and rats. Sanitary treatment according to the standards of operation is not carried out. In addition to two elderly women who have walking relatives and social workers who come to them, the rest of the residents of 28 apartments agree to weld the garbage chute. How to solve this problem legally?

20.1. Since the garbage chute is the common property of homeowners in the house, the procedure for using this property is determined at the general meeting of owners - Art. 44-46 LCD. Gather a meeting. make a decision to close the MP by majority vote

Did you answer: Yes No

21. Point 12-storey house. ZhEK intends to weld the garbage chute. Is it legal? I live on the 11th floor. The elevator does not work again - it has broken down again. What to do to prevent this from happening?

21.1. At the end of 2016, an order of the Ministry of Construction of the Russian Federation was issued. It entered into force in June 2017. This document introduced a set of rules that changed the current SNiP. He fixed the requirement to equip all houses with a height of 5 floors and above with garbage chutes.

Did you answer: Yes No

21.2. Question - "What to do to prevent this from happening?"

The answer is to send an application to the municipality, to the housing inspectorate, to Rospotrebnadzor, to the prosecutor's office.

Did you answer: Yes No

22. At the entrance of an apartment building, a garbage chute was welded by decision of the chairman of the homeowners association. Neighbors began to take out the garbage to the forest area and put it next to the welded garbage chute. What was reported to the chairman of the HOA, she, in turn, did not think for a long time, but carried the bags of garbage under the doors of the apartments, including under mine, but I did not leave this garbage. Where to complain about the actions of the chairman of the HOA and what kind of fine does she face? My email [email protected]

22.1. Good afternoon. The Chairman is not empowered to make such decisions. Write a complaint to the housing inspectorate - he is engaged in arbitrariness (Article 19.1 of the Code of Administrative Offenses of the Russian Federation). The use of common house property is carried out only by decision of the general meeting of owners of the premises of an apartment building (Articles 36, 44-46 of the Housing Code of the Russian Federation)

Did you answer: Yes No

23. A garbage chute was welded up in our house and a garbage bin was installed in the yard in the green zone, which is taken out once a week. Later, tanks were also placed next to the bunker in the car park. Does the management company do everything according to the law. If not, where can we go? They say that the garbage chute to repair only at our expense.

Did you answer: Yes No

24. The residents of our entrance decided to close and seal the garbage chute, because there were a lot of rats, mice and fleas in it. We have not used it since June 2014. Are we obligated to pay for the garbage chute?

The plan for separate waste collection will force Russians to walk with bags to the trash

Conscious consumption is in vogue. If a couple of decades ago no one would have thought what was wrong with plastic bottle mineral water or a bag from the supermarket, today “they are not recycled!” - a serious argument for young people. Meanwhile, separate waste collection - that is, different bags for paper, plastic and food waste - is still just a dream for our realities. Representatives of the authorities proposed to solve the problem radically: simply close the garbage chutes, where everything flies indiscriminately - bottles, batteries, old clothes ...

Calls to recycle everything that can be recycled had an effect only on units. The average family has a single trash bag where they dump everything mixed up - potato peelings, used notepads, old sneakers and cola bottles... "Valuable cargo" in the same bags flies into the garbage chute, and it is almost impossible to sort the waste.

Minister natural resources Sergei Donskoy, answering media questions about separate waste collection, said that one of the ways to solve the problem is to simply weld the garbage chutes. He clarified that this is an extreme measure, and other options can be found: for example, differentiate fees for garbage collection so that “conscious” citizens can pay less. The main goal is to make environmental awareness not only laudable, but also convenient.

Indeed: taking care of nature is inconvenient. Waste paper - the way the former used to Soviet people, - they are not accepted almost anywhere, and unnecessary clothes are far to be transported for disposal ... Throwing them into a pipe is both easier and faster!

Garbage chutes themselves have long raised questions. As MK was told in a large multi-entrance building on Azovskaya Street, it is easier for many to reach a container standing in the yard than to fight with a garbage chute.

Either it is clogged, then it stinks, then I do not calculate the size of the bag, and it does not crawl through ... Bottles, for example, have to be lowered one at a time. We moved here from a five-story building, so the habit remained with the garbage to go out into the street! - Vasily Alexandrovich shared his experience.

Due to the love of many residents for pizza to order and attempts to put the box in the tiny "mouth" of the garbage can, the pipe regularly becomes clogged. In other houses, residents are ready to shout "guard". So, for example, Olga from Belozerskaya Street told MK that sometimes you have to enter the entrance by holding your nose: some neighbors simply throw a bag of garbage on the site, not bothering to lower it into the garbage chute.

Maybe they disdain to open it: the handle is regularly smeared with something, spit on it, gobies extinguish it ...

The news provoked heated discussions that flared up in social networks.

“That's at least three bins or bags in the apartment. I don’t even mind, but where in the five-meter kitchen should I put them? Or separate the rooms of the apartment? Several tanks to install on the stairs? I have more neighbors over 75 years old than young ones, and they don’t care about separate collection, ”writes user Valery in the group of his district on the social network.

Nagorny district activist Natalya Maslova, who has long been involved in the topic separate collection, I am sure: the idea is good, but in our realities it is still difficult to implement.

This has already been done in neighboring Belarus, and in many European countries no garbage chutes. Everyone is happy. We have dirt and stink on the floors near the buckets. Especially if you are "lucky" with your neighbors. Most, of course, are against it. Like "paid - I have the right"! It’s sad, of course, - Maslova explained in a conversation with an MK correspondent. - For food waste, special packages are needed - those that decompose during composting. They are usually made from corn starch. But they are expensive! Who will buy them from us?.. This is the first. Further: it is necessary to reduce the production of plastic and even more so the consumption. People complain that they have nowhere to put 2-3 buckets in small kitchens, and this is the very beginning! The main thing is at the first stage to separate organic matter from the rest of the garbage. Then it's a matter of technology. In apartment buildings, this cannot be organized if the ladles are not brewed. This is the sad reality...

I agree with my colleague and expert of the PRO-waste coalition, Lidia Belyaeva:

If the garbage chute is closed, people will have an incentive to take the garbage out of the house and walk to the container site, and there it is not so far to separate collection. The garbage that can be recycled does not smell and can be stored for a long time without disturbing a person. Existing garbage chutes are almost impossible to re-equip for separate collection, - the expert believes.

HOW ARE THEM?

More than 40 countries around the world have banned plastic packaging, with seven countries in Africa; Kenya has adopted very strict rules (a fine of 38 thousand dollars threatens).

In 2007, San Francisco became the first city in the US to ban plastic bags, and today they are not used anywhere in California. A similar ban is in place in France, while Denmark, Ireland and Germany have imposed fees on each package sold.

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Sometimes "communal services" manage to poison our lives on the way to our own apartment. The disgusting smell from the garbage chute in the entrance of the house is most likely familiar to every Russian. But the maintenance of the intra-house territory and the common property of an apartment building, which includes a system for collecting garbage, is included. Mountains of rubbish on the floors, an elevator covered with chewing gum and littered with who knows what - all this is the reality of many of our entrances. And although they say that it’s clean not where they clean it, but where they don’t litter, this does not relieve the management company of responsibility for failing to fulfill its direct duties. We'll talk about this.

The smell of a garbage chute in an apartment building: how to deal with it?

So, how should the cleaning and general maintenance of the garbage chute in an apartment building be carried out?

According to the rules and regulations for the technical operation and maintenance of the housing stock, housing office employees are required to repair, clean and flush the garbage chute in time. In addition, the column "maintenance of the housing stock" in the receipt for utilities is paid by us on a monthly basis. Garbage chute maintenance is included in this expense item. To give you an idea of ​​what works are included in the list of maintenance of waste collection systems, we will list them:

• cleaning and removal of waste in waste collection chambers, their inspection;
• cleaning of loading valves;
• breakdown of blockages and elimination of minor faults;
• disinfection, cleaning and washing of trunks and waste collection containers.

Where to complain?

• The first thing that should come to mind with the unscrupulous work of "communal workers" is a complaint to the State Housing Inspectorate. This state structure controls the activities of management companies.
• And since a breakdown of the garbage chute always leads to unsanitary conditions, one must also complain to the Sanitary and Epidemiological Station. Indeed, in the norms of SanPiN it is written that the organization in charge of the house is fully responsible for the maintenance of the trunk of the garbage chute and its chamber, as well as the places adjacent to the waste unloading area. Therefore, write a statement to the SES doctors.
• And the third organization you should contact is Rospotrebnadzor. After all, the housing department provides you with paid services, and if they are not properly performed, your rights as a consumer are violated. And such questions this organization and knows.

Statement

Let's start by telling you how to write an application to the State Housing Inspectorate correctly:

• in the upper right corner we write our full name and registration address. Don't forget to include your contact information.
• then the word “application” and the phrase “about the commission of an administrative offense under Article 7.22 of the Code of Administrative Offenses” are written in the center;
• below we proceed to the essence of the complaint, briefly describing the reason and the address where the fact of violation takes place;
• at the end of the text, we ask the inspector from the housing inspectorate to conduct an inspection, make a decision to eliminate and punish the perpetrators;
• Don't forget to date and sign.

Complaints about the stench at the entrance to Rospotrebnadzor and SES are written in an arbitrary format, but it can also follow a similar pattern.

So, if the entrance stinks of a garbage chute, then most likely the reason is that I will clog it. Therefore, you need to write a complaint, you can see its sample below or.

Sample complaint letter for clogged garbage chute

Sample complaint about clogged garbage chute - 1

Sample complaint about clogged garbage chute - 2

Sample complaint about clogged garbage chute - 3

Necessary actions

Step-by-step scheme of actions in case of breakdown of the garbage chute:

• contacting your management company;
• if the request is ignored, we turn to the supervisory authorities;
• write a complaint;
• we send it by registered mail with a notification or personally in hand with a note about the incoming;
• we expect 30 days (the term established by law);
• after the decision, the housing department employees have 45 days to eliminate;

If this does not help, then immediately contact the court and the prosecutor's office. You can also complain to the municipal authorities. Remember, the more complaints you send, the faster and better the housing and communal services employees will start working.

Poor housekeeping

Based on the rules and regulations for the technical operation and maintenance of the housing stock, "communal services" must:

• to carry out washing and wet sweeping of flights of stairs and landings, as well as the floor of elevator cabins;
• wipe with a damp cloth the walls, window sills, windows, railings, doors, mailboxes, ceiling lamps and boxes of electrical panels;
• revenge and wipe the area in front of the front door of the entrance.

According to the same norms, these procedures should be carried out regularly, their frequency is prescribed.

So, you want to write a complaint about the fact that the cleaning lady can not cope with the garbage in the entrance? Then watch it below or download it here.

The following video will tell you how cleaning should be carried out at the entrance according to accepted standards:

How to make a complaint?

We write the application in the following form:

• last name, first name and patronymic, together with the address of registration, we write in the upper right corner of the sheet. Be sure to include your phone number and email address.
• in the "header" we write "statement of violation of the content rules and";
• Next, indicate the reason for the appeal and the address. Please note that you must refer to regulations and resolutions;
• we ask an employee of the supervisory authority to arrange an on-site inspection, punish the perpetrators and make a decision on elimination;
• signature and date.

Below you will find a sample complaint about bad housekeeping entrance, and you can also.

Complaint letter for poor housekeeping

Sample complaint about poor cleaning of the entrance - 1

Sample complaint about poor cleaning of the entrance - 2

Sample complaint about poor cleaning of the entrance - 3

Where to apply and how?

All applications are submitted to the same organizations as with bad job garbage chute. The main thing to remember for yourself is that you can complain to the housing inspectorate and Rospotrebnadzor about the management company for almost any violation, and to the Sanitary and Epidemiological Station for negligence, which is associated with a threat to the health of residents.

Let's describe your actions step by step:

• drawing up an application;
• handing it in person (with obligatory fixation in the journal) or sending it by letter with notification;
• waiting for a response within a month;
• the "communal services" have a month and a half to eliminate.

If the employees of the housing department continue to ignore the cleaning of the entrance, contact the judicial authorities with a statement of claim. It will not be superfluous to complain to the prosecutor's office.

The following video will be no less useful, which clearly indicates which acts and documents, as well as the rules, apply to cleaning entrances:

Do you know what are the rules for cleaning the elevator cabin? We will tell you!

Dirty elevator

As stated in the Rules for the maintenance of common property, the elevator must be in perfect condition, without burnt buttons, announcements and inscriptions on the walls of the cabin and doors. But in many entrances the situation is extremely opposite. Consider ways to solve it.

Where to complain?

In our text, we have already mentioned organizations for the supervision of house management companies. In the case of disorder in the elevator cabin, the system is completely identical. Complain to the State Housing Inspectorate and Rospotrebnadzor.

You will notice that the situation will change radically. In general, "communal services" must once a month go around all the entrances and mark violations in a special worksheet, so that they can be eliminated later. After your appeal, most likely it will be so.