Paying for utilities creates a big burden on the family budget. Moreover, it only increases every year, as energy resources continue to rise in price. Therefore, every person thinks about whether it is possible to somehow reduce costs. People cannot live without heating, water, electricity and gas, so they have to pay for them in any case. But what about additional payments for using the elevator and intercom? How legal are the actions of utility companies in this matter? And if not, is there a way to get off the scammers' hook? Let's take a closer look at whether you need to pay monthly for an intercom and how to reduce the cost of using it. We will look at the most common situations that people face most often and find out the legal basis for them.
Why do you need an intercom?
Let's look at this in more detail. Many people think that it is useless, but in practice this device performs many functions. Therefore, before touching on the question of whether you need to pay for an intercom, let's understand its purpose. As you might guess, the main task is to ensure security and prevent unauthorized persons from entering the residential entrance.
In addition, the risk of terrorist attacks increases every year, so intercoms are also needed to notify citizens of an emergency. However, there is one important nuance here. The device must have a selective warning system. If there is none, then its functionality is limited, so demanding payment for using the intercom may be illegal. And in this case, there are compelling reasons to initiate legal proceedings and demand compensation from the housing and communal services or management company for damages.
If you are wondering whether you need to pay a subscription fee for an intercom, then you should carefully re-read the agreement concluded with the organization that installed it. The document describes in detail all conditions of use, as well as associated costs borne by the end user. In addition to the subscription fee, an initial fee may be set to cover the cost of equipment and installation work.
Problems with intercoms.
In one of our articles, we talked about a case where a company that installed intercoms considered them its property and, many years after installation, wanted to return them.
However, most often disputes about intercoms concern their payment. Housing inspectors often find it illegal to charge additional fees for such equipment. The position of the courts on this issue may vary.
One of the latest disputes examined in detail by the courts was case No. A70-8593/2018. It began in Tyumen, where the housing inspectorate checked the management company and identified violations in charging fees: the company collected fees from residents for intercoms, the amount of which was not approved at the general meeting.
The company was demanded to return the collected money and not charge any more. The management organization did not agree with such wishes of the inspectorate, went to court and even won in the first instance.
What does the law say?
So what do you need to know about this? To answer the question of whether you need to pay for an intercom, you need to understand a little about the regulations. What does the law say in this case? There are several important nuances here. If the equipment is listed on the balance sheet of the management company, then you are actually renting it, for which you are required to make a fixed payment every month. An attempt to evade one’s obligations will be regarded as a violation of the Administrative and Criminal Code, which is fraught with certain consequences. If installation work is carried out under a collective agreement, then each tenant has the right to independently determine for himself whether he wants to use the equipment. If you refuse the service, you don’t have to pay for the intercom.
The most problematic option is when a multifunctional system is installed at the entrance, equipped with the ability to record conversations and video surveillance. In this case, you will be forced not only to pay a monthly subscription fee, but also to pay for equipment, the cost of which is quite high.
Regardless of the installation option for the intercom, its maintenance is paid. This is stated in the following regulations:
- Decree of the Government of the Russian Federation numbered 354 and 491;
- Law “On Protection of Consumer Rights”;
- Housing Code of the Russian Federation.
These documents clearly indicate that the intercom is part of the housing and communal property, therefore payment for its use is included in the general bill. In some cases, the device may be listed in a separate box, resulting in residents paying twice for using the intercom. But this is only their fault, since they, by their own decision, enter into a separate agreement with the management company. Is it legal to pay for an intercom? If there is a formal agreement, everything is absolutely legal. If you have taken on any obligations, please fulfill them.
Eastern Bank
After a story shown on television (TRK Rossiya) about paying for their intercoms, many city residents had questions about maintaining an intercom in an apartment building and, most importantly, about who should do it...
Are intercom receipts legal?
Questions have appeared, and it’s time for answers. In particular, the editor received an email from Kingisepp resident Alexey :
“The other day I watched the news on the Rossiya TV channel, they explained that the receipts from the intercom company are essentially illegal, that the fee for the intercom is already included in the total payment, and we pay, it turns out, twice. It turns out that a law on this matter was adopted in 2015. Please clarify this point. Many people probably don’t know about this.”
We asked for comment on the TV report from the head of an organization that installs and maintains intercoms in a number of districts of the Leningrad region, including Kingisepp, General Director of Ingria LLC D. B. Emelyanov . Dmitry Borisovich saw this program and he also had questions about what was said, or rather, apparently unsaid, about paying for the intercom. He commented on the situation with knowledge of the topic, having extensive experience in this business and with the involvement of a lawyer working in the housing sector.
Adjusters fix up to 20 intercom breakdowns per day
The issue of servicing intercom equipment and the procedure for paying fees for its maintenance arose a long time ago and was the subject of consideration in the judicial authorities.
– I will try to give explanations with reference to regulations and court decisions, since there are no such references in the television story. Let me start with the fact that the story says that the intercom is a common household appliance, which is fundamentally wrong, since the intercom system is complex equipment.
According to clause 6.1.3 of the recommendations for the design and installation of security television systems and intercoms, approved by the Main Directorate of Military District of the Ministry of Internal Affairs of Russia on June 27, 1998 R78.36.008-99, in general, the intercom includes: an external unit (or call unit), a subscriber unit (internal ) unit, processor unit, control equipment, main power supply, backup power supply, communication lines, remote-controlled electric lock and door closer.
According to these recommendations and the instructions for a multi-subscriber microprocessor intercom, the purpose of the intercom is to provide audio and video communication between visitors and the subscriber, remotely open the door, and also limit access of strangers through code combinations and electronic digital identifiers.
The specified equipment has a service life and may periodically fail for various reasons, ranging from malfunctions due to wear and tear of the equipment to breakdowns from acts of vandalism. LLC "Ingria" daily, at the request of residents, eliminates up to twenty such malfunctions. The intercom by all indications fits the definition of “common property”, since the intercom is used by all residents of the house.
Who will troubleshoot intercoms?
But at the same time, an important point should be noted: since intercoms were purchased at the expense of residents of the entrance of an apartment building on the basis of a decision of the general meeting of owners, this equipment is their common shared property and does not have the status of common property (Part 2 of Article 290 of the Civil Code of the Russian Federation). Federation). Citizens purchasing an intercom as a common property have the right to enter into an agreement for its maintenance. This right is enshrined in Art. 421 Civil Code of the Russian Federation.
– Our company services intercoms in those houses where, at a general meeting, a majority vote adopted a decision to conclude such an agreement, to establish the amount of the subscription fee and the timing of its payment. Thus, the subscription fee is charged legally for the services provided for the maintenance of the intercom, which includes the elimination of all malfunctions in its operation.
The television story talked about the possibility of paying for work upon elimination of a malfunction of the intercom equipment, and not by paying a subscription fee, that is, the fact of payment itself is not disputed, but only a different payment system is proposed, as the general director explained. In this case, the question immediately arises: who will collect money, for example, to replace the door closer or magnet, as well as to pay for the work performed? In addition, you will need to find a performing company and conclude an agreement with it. This will take some time and a lot of it.
– Thus, payment upon elimination of a breakdown of intercom equipment in real life is impractical, since until the troubleshooting work is completed, the intercom will be inoperative, while our company services residents’ requests within one working day.
...only if the intercom was installed immediately during the construction of the house
Now about the role of management organizations that, under an agreement for the maintenance of an apartment building, are engaged in the maintenance of common property (Article 162 of the Housing Code of the Russian Federation). To do this, Dmitry Emelyanov suggests returning to the question - does the intercom belong to common property and should it be maintained by a management organization?
– In this regard, there are clarifications from the Ministry of Regional Development of Russia dated January 24, 2011 No. 1123-IB/14, which clearly states: the intercom is included in the common property of the house only if the intercom was installed during the construction of the house. If the intercom was installed by the residents themselves after moving into the house, then it is not included in the common property. In Kingisepp, Slantsy and Ivangorod, most intercoms were installed by the residents themselves and, therefore, they are not included in the common property and, therefore, the management organization has nothing to do with them.
Owners of premises can, by holding a general meeting, include an intercom as part of the common property, then the management organization will be obliged to maintain the intercom from funds collected for the maintenance and repair of the property of an apartment building. But in this case, the management organization will raise the tariff by the same amount that residents are already paying in the form of a subscription fee for the maintenance of the intercom under a separate agreement, and maybe even higher.
– In our case, all intercoms in apartment buildings served by the company are not included in the common property, since the owners’ decisions to transfer intercoms to common property were not made at the general meeting. In this connection, for the maintenance of intercom equipment, our company issues a separate receipt for the collection of subscription fees based on the concluded agreement. A similar position is expressed in the ruling of the Supreme Court of the Russian Federation dated April 5, 2016 No. 307-KG16-1780.
From the above, we can conclude that while the owner lives not in his own, but in an apartment building, then all issues must be resolved taking into account the opinion of the majority of residents at a general meeting of owners.
– In the story of the Rossiya shopping mall, the position is expressed that the management organization should maintain intercoms without additional collection of funds from residents, since the intercom is part of the common property without taking into account the specifics of its occurrence, which is contrary to legal norms. It should be added that this is not the first story on television on the topic of servicing intercoms, as a result of which the authors of the programs excite residents without delving into the essence of the problem, and most likely, this story was released with the aim of identifying scammers sending payment receipts on behalf of management organizations, who do not have the right to service intercoms.
We can say that only new houses can be paid for intercoms according to a general receipt, where intercoms were installed immediately by the builders according to the project, or if the residents of the old housing stock at a meeting decide to include intercoms in the common property and pay for intercom equipment according to a general receipt. But then another question will arise - who will maintain and repair intercoms?
D. Vlasov
Read the latest issue of the newspaper “Eastern Coast”
Is payment required if there is no handset?
Some access control systems are equipped with voice communication capabilities. However, not all people use this function. Therefore, many are interested in whether it is necessary to pay for an intercom if there is no handset. Here, again, you need to refer to the contract. If he assumes that residents of a house or entrance are required to pay a subscription fee every month, then the presence or absence of a handset is not grounds for refusal to pay. As mentioned above, such actions are a violation of the law, so you will have to bear responsibility for them.
Do I have to pay monthly?
Why do we pay for an intercom monthly?
If your utility bills include a monthly subscription fee for servicing the intercom, you will still have to pay to avoid penalties and fines.
At the same time, owners should find out whether such accrual is legal .
If there is no handset
If the contract is concluded, then you will have to pay for the intercom even in cases where there is no handset in the apartment .
An intercom is not only a means of remote access to the entrance from an apartment (tube), but also a complex electronic-mechanical device installed on the front door and used by residents and guests every day.
So, if you have an appropriate agreement, you will have to pay for the intercom even in cases where the handset in the apartment is missing or “cut off”.
What are the norms for temperature in an apartment during the heating season according to SanPin? You will find the answer on our website.
With a broken intercom
A completely different situation arises when the intercom does not work for technical reasons for a long time, and money is charged for servicing the device.
The need for payment depends on the content of the service agreement, however, owners have the right to demand a recalculation for services not provided and paid for.
If the service organization refuses to recalculate, the owners can go to court and, with a high degree of probability, win the case.
Out of town
Some people ask the question: “Am I obliged to pay for an intercom if I don’t live in the apartment?”
Recalculation of utility bills does not apply to the clause on the maintenance of common property, so you will have to pay for the intercom even if you are away for many months.
Even if no one lives in the apartment, the owner is obliged to pay for this device.
Do I have to pay if the equipment is broken?
This aspect deserves special attention. Probably every person at least once asked the question: “Am I obliged to pay for an intercom if it doesn’t work?” Unfortunately, it is impossible to answer it unequivocally. On the one hand, by signing an agreement with the management company, you undertake to pay a subscription fee for the services it provides, but on the other hand, it must monitor the performance of the equipment and promptly carry out preventive measures and maintenance in accordance with established deadlines. If suddenly the intercom stops working and no one will solve the problem, then you have every right to file a lawsuit and demand compensation from the management company for the damage caused.
But you should not say that you refuse to pay for the intercom, because in this case a counterclaim may be filed against you. To win a trial, you must be completely confident that you are right, and for this you need to fulfill your obligations in good faith and not have arrears in paying utility bills.
Who should pay for the intercom and what is the amount calculated from?
Property owners - what do they pay for?
To ensure the operation of the intercom, electrical energy is required. The consumption is taken into account on the meters for the general maintenance of property, in the event of a malfunction of which the management company (management company) is not responsible, as is the contractor that installed the device.
Fundraising from homeowners is required when carrying out repairs and maintenance of the intercom. In both cases, drawing up an act is required, but how many of us have seen this act?
Payment amount for intercom – how is it calculated?
Initially, all rules are specified in the service agreement. This document is concluded between the property owners and the service company. Payment depends either on the area of the living space, or is divided equally among all residents of the entrance. The accrual is carried out on a monthly basis; in the absence of payments, the owner will face fines and penalties.
Now let’s talk about whether it is legal to include payment for an intercom in your utility bills.
If there is a handset in the apartment
If there is a contract, the fee will be charged regardless of whether there is a handset or not. The homeowner may not want to install the pipe at all or cut it off for his own reasons. There is an intercom, and the device consumes energy, for which you have to pay.
If the intercom is broken
It also happens: the payment is made regularly, but the device does not work, and not for a day or two, but for weeks. In this case, you will have to pay, but the owner has the right to demand a recalculation of the service paid for, but not provided.
There is an intercom, but the owner does not live in the apartment
And here you also need to pay. It doesn’t matter whether you live in the apartment permanently, come once a year, or often go on business trips. Justification: there is an intercom, it works, it consumes energy, for which payment is made.
When can you not pay for an intercom?
The rules contain clear instructions on the situation of paying for the intercom by the forces and means of the management company. Property owners must pay amounts for utilities provided in the apartment and for common building resources. ODN standards are established by regional authorities, and it is according to these standards that monthly payments are charged.
The standard itself is established in accordance with the minimum register of work on the maintenance of common property. But the intercom is not on the list, so regional authorities do not set energy consumption standards for the intercom. This item is not included in the ODN rules.
Based on this, a dual situation arises: since there is no intercom in the ODN rules, then the homeowner is not obliged to pay for it. The second party - the management company pays for utilities not according to established regulations, but according to one accounting device. This means that the burden of payments should be borne by the management company, but this is unprofitable for the company and therefore the amount of the service is charged to the apartment owners.
When resolving a controversial issue, the Criminal Code will put forward the basis of Art. 1102 of the Civil Code of the Russian Federation “Unjust enrichment”.
The homeowner has the right to object to this that the term “unjust enrichment” refers to a situation where the increase or retention of property by the homeowner was carried out in violation of the law.
In this case, with an intercom, this is not the case - there is no enrichment or increase in property - the intercom is a common house resource, it is not the property of the apartment owner. Therefore, the Criminal Code’s requirement of “unjust enrichment” is simply illegal.
Whether you continue to pay for the intercom or deal with the management company is up to you. If the owner lives in the apartment permanently and uses the intercom at least once a day, making a payment is a reasonable and correct solution. Well, if you visit the apartment once a year, or even less often, you can challenge the amount of charges for the intercom, as well as any accrued penalties and fines.
What if the apartment is empty?
If you do not live in your home, but you have a valid contract for the use of an intercom, you will still have to pay. You will receive bills every month, and if there are no payments, debt will begin to accumulate. This does not bode well, because they may forcefully collect the entire amount from you. How can you avoid paying for an intercom in this case? Very simple! If you do not intend to live in your apartment or do not plan to rent it out, you should simply terminate the contract with the organization that installed the equipment.
What should I do if I receive a bill for a disconnected intercom?
Let's figure out whether the intercom fee will decrease if you turn off the handset, and what to do if the amount has not changed.
– A few months ago we turned off the intercom because we didn’t need it. We only use the “tablet” from the front door. But the bills for the intercom still come. What to do in this case?
As a rule, the subscription fee for an intercom includes:
- technical inspection of equipment (the terms of its implementation are specified in the contract);
- repair of tube and door installation;
- visit of specialists;
- restoration of communication lines.
At the same time, the entrance door to the entrance (and, accordingly, the intercom installation on it) are part of the common property of the residents. But the pipe in the apartment will already be your private property.
On this topic
Are building residents required to pay for an intercom?
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The decision to install an intercom is made at a general meeting of owners. Therefore, if you personally were against it, but the majority of residents were in favor, then all owners will still have to pay for the intercom system - even those who do not use a handset.
But you can unilaterally refuse to install a tube in your apartment. You can also disable it after installation - to do this you just need to notify the organization that maintains the intercom. According to the head of the Center for Public Control in the Housing and Public Utilities Sector of the Civic Chamber of the Kirov Region, Sergei Ulitin, in this case, the amount of the subscription fee will be reduced. How much depends on the terms of the specific contract.
Please note that if the intercom handset in the apartment is disconnected, the key “pill” for installation on the entrance door should still remain with you: it provides access to the housing, and no one can restrict this right.
According to Andrey Vorobyov, an expert at the Public Chamber of the Kirov Region, head of the ANO Housing and Public Utilities Expert, everything is very individual and depends on the terms of the specific contract.
– You need to look at the decision of the general meeting, and then it will be clear who should pay what and on what terms. For example, is the intercom initially included in the common property when concluding a management agreement, or does it come as a separate service that is not included in the cost of maintaining a residential premises and, accordingly, is not included in the common property. Either the intercom was originally installed by the developer, or it was installed in an old house,” explains the expert.
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Thus, servicing the intercom handset may not be included in the main contract at all: they can be paid for under separate contracts.
If you cannot find your intercom contract, you need to contact the service organization and ask for a copy of the documents.
As Andrey Vorobyov notes, intercom maintenance is usually included as a separate line in the receipt for housing and communal services. The management organization independently collects money and transfers it to the company servicing the intercom.
– If the tube is broken, this does not mean that the service was not provided. From the moment of breakdown, you need to go to the company that provides this service and have it replaced within the warranty period, if there was one. If it was not there, then you need to look at whether the contract covers the handset or not,” the expert clarifies.
If you decide to disconnect the phone and write an application to suspend services, then it is grounds for terminating the contract. And if receipts continue to arrive, then you can simply not pay them.
– If there is no clear understanding of what exactly is included in the intercom service agreement, what exactly you pay for, and so on, then you can contact your management company or the State Housing Property Inspectorate: they will request the necessary documents from all parties, and based on them it will be possible speak in detail,” emphasizes Andrey Vorobiev.
Briefly about the main thing:
1. The decision to install an intercom is made at a general meeting of owners by two-thirds of the votes.
2. The intercom installation on the door belongs to the common property of the residents, and the handset in the apartment will be your private property, so you can refuse it unilaterally.
3. How much and for what exactly you pay when servicing an intercom depends on the specific contract.
4. As a rule, the management company independently collects money for the intercom (in this case, its payment is a separate line in the receipt) and transfers it to the service company.
5. If you have written an application to refuse services, it is grounds for terminating the contract.
6. To clarify all the details and clarify the specific situation, you can contact the State Housing Inspectorate.
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Photo: sputnik.by
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Are accruals legal in the absence of an agreement?
What do you need to know about this? Probably every person at least once asked the question: “Should I pay for an intercom if it was installed without my consent?” Everything is very simple here. If you did not enter into a contract to install the equipment, no one has the right to charge for its maintenance. Charging payments will be considered illegal. The owner of the apartment must submit an application for recalculation, and the organization acting as the owner of the intercom will have to return all funds previously paid to it. If this requirement is not met, you can contact the prosecutor's office or court. As practice shows, in the overwhelming majority of cases, the winners in such proceedings are citizens. There are a number of similar cases known to have occurred in various cities throughout the country, so they are not considered something new.
The Arbitration Court of the Tyumen Region considered the GZHI order illegal.
The applicant referred to the fact that the intercom was not included in the common property, but the Housing Property Committee argued the opposite: the disputed equipment is common property, therefore the payment for its maintenance should be determined at a general meeting of owners.
The case involved an entrepreneur servicing intercoms. He said that contracts for the installation and maintenance of intercoms were concluded between him and the residents directly, and the management company only collects fees under an agency agreement. The controversial intercom and locking device was purchased by residents of individual entrances at their own expense, but the equipment was not included in the common property.
Recognizing the GZHI's demands as illegal, the court indicated that no intercoms were provided when the house was put into operation. They were installed later on the basis of decisions of residents of some entrances, who entered into an agreement with the entrepreneur and paid for his services. Later, the entrepreneur and the management company agreed that the payment would be collected by the company itself under the agency agreement and the money would be transferred to the principal.
The court also examined the house management agreement, the composition of the common property, the list of maintenance works and the payment for these works. The list of works did not indicate the maintenance and repair of the intercom; the devices were also not mentioned as part of the common property of the house.
According to the court, to recognize an intercom as a common property, it is not enough that, by virtue of the Rules for the Maintenance of Common Property No. 491, it includes an electrical supply system, consisting, among other things, of automatically locking devices. It is necessary that the owners at the general meeting approve this composition of the property and include intercoms there.
Since this was not done in this case, the list of maintenance works does not include maintenance of the disputed equipment.
What is the money used for?
This issue deserves special attention. Above, we explained in detail that every person is required to pay for an intercom if they use it. But where exactly does your money go? Any electronic device consumes electricity, the consumption of which goes towards the maintenance of common property. Therefore, the organization that installed the system does not bear any financial costs for its maintenance. The only costs are for hypothetical repairs in the event of an intercom failure, as well as maintenance, which must be carried out in accordance with the planned schedule.
If you want to be sure that your money is going where it needs to go, you can submit a request to the management company. During the inspection, qualified specialists must draw up a technical inspection report. However, the trouble is that not all companies do this. But in the absence of appropriate documentation, you have every reason to initiate legal proceedings due to the contractor’s failure to fulfill the terms of the contract.
Intercom - common property of owners of premises in apartment buildings
The management organization, under the agreement for the management of an apartment building, undertakes to provide the owners of premises in this building with work and services for the proper maintenance and repair of common property (Part 2 of Article 162 of the Housing Code of the Russian Federation).
The composition of the common property of the owners of premises in an apartment building is established by clause 2 of Decree of the Government of the Russian Federation of August 13, 2006 No. 491. It includes:
- inter-apartment landings;
- stairs;
- corridors;
- technical basements containing utilities;
- other equipment serving more than one residential or non-residential premises.
Intercoms in apartment buildings are installed at the entrance to the entrance; they serve more than one room, therefore they are part of the general property of the apartment building. Automatically locking devices for the doors of apartment building entrances are also included in the common property in apartment buildings in accordance with clause 7 of Decree of the Government of the Russian Federation dated August 13, 2006 No. 491.
Is it obligatory for the management company to enter into an agreement on the maintenance and repair of VDGO?
What affects the amount of payments?
This aspect is worth familiarizing yourself with first. It is impossible to name the exact amount, since each management company has different tariff conditions. Some are based on the size of the living space or charge a fee in a set amount per apartment. Therefore, residents of the same entrance can pay both the same and different amounts for using the intercom.
But what about the timing of payments? Everything here is also ambiguous. Payment can be made monthly or for a certain period. If the contract specifies exact deadlines, then you should adhere to them, since otherwise you may be charged penalties and even fines. Therefore, it is better to avoid late payments if you do not want problems in the future.
How to avoid payment?
What do you need to know about this? Nowadays, probably one of the most pressing questions is whether it is possible not to pay for an intercom. And this is not surprising, because the cost of utilities is already high, so everyone is trying to save every penny. There are several ways to avoid payment. The most optimal solution would be a collective refusal to use the intercom by all residents. But for this it is necessary to convene a general meeting, as well as present weighty arguments confirming the appropriateness of such an action. If more than 60 percent of the tenants support you, then you can terminate the contract without any problems. At the same time, the management company or any other organization does not have the right to confiscate keys and pipes, since the owners have already paid for them when installing the equipment. But there is also a negative side. If the intercom fails, all worries about finding a service center and paying the cost of repairs fall on the residents’ shoulders. How much it will cost depends on the specific city. Prices for repair services vary greatly in different regions.
Regulation of intercom services at the legislative level
Our state has somewhat distanced itself from regulating the sphere of these services, because neither in the Housing Code Article of the Housing Code of the Russian Federation, nor in the Rules for the provision of public utilities to citizens (since they simply do not apply to them), nor in other regulations there is a word about intercoms.
In addition, the majority of apartment buildings in the Russian Federation during their construction did not provide for the presence of intercoms in the design documentation.
Therefore, numerous requests from citizens and the Criminal Code served as a reason for government agencies to clarify certain legal norms.
Thus, by letter dated August 23, 2010 No. 30665-IB/14 “On the procedure for installing an intercom,” the Ministry of Regional Development of the Russian Federation considered one of the appeals on the issue of clarification of housing legislation and reported the following.
“The intercom, as equipment located in an apartment building and serving more than one room (apartment), fully complies with the characteristics of common property in an apartment building, specified in Part 1 of Article 36 of the Housing Code of the Russian Federation. In accordance with this article, in order to resolve the issue of installing an intercom even in one entrance, it is necessary to notify all owners of apartment buildings and obtain their consent by holding a general meeting of owners of apartment buildings.
Maintenance of the intercom as a technical component of the automatically locking device of the front door is included in the list and cost of work on the maintenance of common property and is the responsibility of the management organization, which is obliged to enter into an agreement for the operation of this device with the relevant organization. The management organization’s presentation to the owner of the cost of such additional payment is unfounded and illegal.”
It should also be agreed that from the moment of its installation the intercom is the common property of the house, which is also indicated in the All-Russian Classification of Services to the Population, which was approved by Gosstandart Resolution No. 163 of June 28, 1993, especially if the intercom was originally provided for by the MKD project.
The Ministry of Regional Development of the Russian Federation in this letter concluded that in this particular case, the maintenance of the intercom (as opposed to its installation) is included in the maintenance of housing and should not be paid additionally, which is quite legal.
However, in this case it is not taken into account that most often in houses that were not previously equipped with intercoms, citizens living in the same entrance install this device on their own initiative, and subsequently an agreement is concluded with the owner of each individual apartment in the apartment building for the maintenance of the intercom system, and in In such cases, this service is not included in the maintenance of housing.
Indeed, such a scheme immediately removes all the issues associated with the most common situation, when an intercom is not installed in one entrance, and all owners of the premises are charged for it.
Refusal of intercom in the apartment
What is special about this process? The option described above may not suit all residents. Some people are worried about their safety, so they don’t want strangers to get into their entrance. How can one legally avoid paying for an intercom if a public meeting failed to reach a unanimous decision? In this case, you yourself may refuse to use the electronic access control system. To do this, you need to write an application to the Criminal Code, after which the intercom in your apartment will be turned off. But you must understand that not all organizations want to lose profits, so they are reluctant to meet customers halfway. Therefore, even after submitting an application, payments are sent to their account. If you are faced with a similar problem, then do not panic. The management company or housing household has no right to demand money from you, and any proceedings are resolved in court.
How to write an application?
In order not to pay for the maintenance of the intercom, you need to contact the office of the organization that installed it and is engaged in servicing the equipment. On the spot, you will have to write a statement in the established form, which must include the following information:
- Full name of the owner;
- the address where the apartment is located.
It is worth noting that all citizens’ appeals are considered on an individual basis, which management companies may deliberately delay. To speed up the whole process, the application should not be submitted in the office, but sent by registered mail. In this case, the organization will not have legal grounds for refusal, and it will be obliged to satisfy your request within 15 calendar days.
Is an intercom a common property of an apartment building?
Question
Does the common property of an apartment building include intercom equipment (intercom) located in the common areas of the apartment building?
Does the general meeting of the house have the right to make a decision (which is mandatory for all residents) to include the intercom service fee as a separate line in a single payment document.
Answer
Based on paragraph 7 of the above-mentioned Decree of the Government of the Russian Federation dated August 13, 2006 No. 491 “On approval of the Rules for the maintenance of common property in an apartment building and the rules for changing the amount of fees for the maintenance and repair of residential premises in the case of the provision of services and performance of work on management, maintenance and repairs of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration" (hereinafter referred to as the Rules), intercoms are included in the common property of an apartment building.
If an intercom is included in the design of an apartment building, it is automatically included in the common property of the building.
If an intercom is not provided for by the design of an apartment building, but is in fact installed, it must be included in the common property of the apartment building based on a direct requirement of the law (clause 7 of the Rules, Article 36 of the Housing Code of the Russian Federation).
The issue of adding an intercom to the common property (increasing the composition of the common property of an apartment building) is resolved at a general meeting of owners of the premises of the apartment building.
By virtue of paragraph 2 of Article 162 of the Housing Code of the Russian Federation, under a management agreement for an apartment building, the management organization undertakes to provide services and carry out work for the proper maintenance and repair of common property in such a building. Consequently, the responsibility for concluding an agreement for the maintenance of the intercom rests with the management organization. Intercom maintenance is included in the list and cost of maintenance of common property.
Maintenance of the intercom, as a technical component of the automatically locking device of the front door, is included in the list and cost of work on the maintenance of common property. This payment, if there is a locking device as part of the general property, must be included in the line “maintenance and repair” or highlighted in the receipt with an additional line “Intercom service”. The main thing is that the management company does not have to make double payments for the same service.
Applications
- Letter from the Ministry of Regional Development of Russia dated April 27, 2011 N 8055-14 IB-OG Ob (160 kB)
- Article Intercom fee reflected in the payment document (E (420 kB)
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What happens to the key after failure?
Above, we discussed in detail how not to pay for an intercom legally. But now, probably, the thought will flash through everyone’s mind about whether it is possible to leave the key to the entrance, because without it it will be impossible to get home. As noted earlier, all components included in the system are paid for by residents when installing the equipment. Therefore, even if you refuse to use the intercom, the key and handset will remain with you. Any demands to return them are illegal. If a conflict situation arises, you should immediately notify representatives of the Criminal Code that if your rights are violated, you will contact the appropriate authorities.
Where to complain
Let's look at this in more detail. Now you know whether you need to pay for an intercom, and you have also figured out in what cases this can be avoided. But theory is good, but in practice it doesn’t always work out as it should. Most often, management companies do not pay due attention to the maintenance of access systems, therefore, despite the high reliability of the devices, they sooner or later fail. Where to call and where to look for help if you have any problems with the intercom? The first thing you should do is contact the company that installed it and notify it about the incident. The technical support service works around the clock, so they will accept your request at any time. If you do not have the telephone numbers of the management company, you can find them out at the housing maintenance office.
As soon as the application is accepted, a technical team goes to the specified address to carry out diagnostics and repair work. You will not have to pay for anything, since repairs or replacement of equipment are carried out through payments that are made monthly for using the intercom. The only exception is the loss of the key. You will have to buy it again with your own money.
If no one responds to your request, in this case you must take appropriate action. However, the whole problem is that, according to the current legislation, every tenant is obliged to pay for an intercom, but it does not provide for the procedure for filing a complaint against unscrupulous management companies that do not fulfill their obligations. Despite this, you will be able to get help. You need to write an application in any form to the Housing Inspectorate of your city. This can be done online on the organization’s official website or in person at its office. The inspectorate has full powers to monitor the work of any utility services and management companies, and if they commit violations, take appropriate measures.
Also, if you do not know whether you need to pay for an intercom in your particular case, you can get advice on this issue from the Housing Inspectorate. This is especially true if you have not concluded an agreement, but you still receive bills. This is a gross violation of the law, so they will tell you what to do and where to go. The organization installing the intercom cannot get away with a simple warning.
As a rule, the conflict can be resolved by submitting an application to the local police department. But here it is important to do everything right. The procedure is as follows:
- Send your request by registered mail to the office of the management company.
- You are waiting for an answer.
- Prepare the following package of documents: an official letter from the Criminal Code and payment receipts for using the intercom.
- Go to the nearest police department and write a statement.
Employees will have to open a criminal case and begin proceedings. As a rule, the issue is resolved very quickly. But if the police didn’t help you, you should contact the prosecutor’s office. But you must understand that it will be possible to solve the problem legally only if you yourself have regularly fulfilled your obligations and you have no debt on utility bills. Otherwise, you yourself will be breaking the law, so you may also be punished.
Are building residents required to pay for an intercom?
We'll tell you how legal the monthly fee for an intercom is, whether you can refuse it on your own, and whether you need to pay for servicing the device during the warranty period.
– I’ve seen a lot of videos on the Internet about how intercom companies make money from monthly service fees. At the same time, there seems to be a letter from the government, which says that including the subscription fee for the intercom in the receipt for a utility service is illegal. It turns out that we do not have to pay for intercom service?
Over the past few years, the problem of “intercom” payments has begun to arise more and more often in society. At the same time, questions arise not only about how to terminate the contract with the service company, but also whether the monthly subscription fee is even legal.
According to the letter of the Ministry of Regional Development dated August 23, 2010 No. 30665-IB/14 “On the procedure for installing an intercom,” the intercom is common property in an apartment building, and its maintenance is included in the list and cost of work on maintaining the common property and is the responsibility of the management organization. The same letter states that presenting the owners for payment is unfounded and illegal.
However, as noted by the head of the Center for Public Control in the field of housing and communal services of the Public Chamber of the Kirov Region, Sergei Ulitin, the decision to install an intercom and pay for it should be made at a general meeting of owners of an apartment building (Article 44 of the Housing Code of the Russian Federation), and if it was decided to include this fee into the general utility bill, then this is completely legal. But if the management company independently installed intercoms and subsequently charged the owners for them, then such actions are unlawful.
On this topic
What should I do if I receive a bill for a disconnected intercom?
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A similar answer was given by the department of Rospotrebnadzor in the Kirov region: the decision on how to pay for the intercom service is made exclusively at a meeting of homeowners.
In addition, there are two more options for charging for the intercom: including it in the line for the maintenance of common property (with a corresponding increase in the amount) or a separate receipt for servicing the intercom.
What is the subscription fee for?
All services that the service organization is obliged to perform must be specified in detail in the contract. If a company does not properly fulfill its assigned duties, this may be a reason to refuse its services.
Unless otherwise provided by the contract, the subscription fee for servicing the intercom usually includes:
- technical inspection of equipment (the timing of its implementation must be specified in the contract);
- intercom handset repair;
- repair of the intercom installation on the entrance door;
- departure to repair the breakdown;
- restoration of communication lines.
And here a completely logical question arises: does the service organization have the right to charge a fee for repairing equipment in the event of a breakdown, if residents pay a monthly subscription fee?
According to Sergei Ulitin, if there is a breakdown of the intercom system at the entrance door to the entrance, that is, the common property of the house, then no additional fee should be charged, since the owners already pay for the maintenance of the common property of the house. As for repairing the intercom handset in an apartment, it all depends on the terms of the contract: if such work is specified in this document, then there is no need to pay additionally for repairs.
At the same time, as the Rospotrebnadzor department clarifies, the service company may not provide special reports on the performance of maintenance each time: the reporting procedure is determined solely by the terms of the contract. That is, these can be either periodic acts on the provision of services (once a month, a quarter or a year, for example), or entries in the accounting book of service companies or any other type of reporting.
– I bought an apartment and received a receipt for some kind of intercom service, although the intercom is common property, and I personally did not enter into any agreements. Well, that's okay... I called to cancel the contract (receipts did not arrive), they answer me that this is unrealistic, that it was the entrance that entered into the contract and they cannot terminate it with me personally. How can I terminate the contract with them?
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As Sergey Ulitin emphasizes, it is necessary to pay for the intercom as a common property if there is a decision of the general meeting of owners. That is, even if you personally did not enter into an agreement with the service company or were against it, but such a decision was made at the meeting by a majority vote, you will still have to pay. However, if we are talking about an intercom in an apartment, then this service can be canceled unilaterally, and then the amount of the subscription fee will be reduced. How much depends on the terms of the contract with the service organization. To do this, you need to notify the implementing organization. At the same time, the company does not have the right to take away the key to the intercom from you, since it provides access to the entrance, and therefore access to housing, and this right cannot be limited. But it is worth emphasizing that you will still have to pay for the use of common property, that is, the front door and the intercom installation on it.
– The intercom in the house works terribly, or rather, it doesn’t work at all in the cold: just below 13 - 15 degrees below zero - it doesn’t open the door. Residents' children cannot get home when they come home from school; adults are usually absent at this time. We submitted many requests to the organization servicing the intercom, but the most they did was replace the cover plate. Please tell me how to correctly close a subscription service agreement and switch to repairs after the fact.
If the intercom does not work, and the fee is still charged, residents can request a recalculation from the service organization.
According to Sergei Ulitin, to do this, you need to submit a corresponding statement in writing about the breakdown of the intercom and the failure to take measures to eliminate it within the time period established by the contract. If the organization refuses to recalculate, the owners have the right to challenge its actions in court. To do this, you can contact the State Housing Inspectorate of the Kirov Region, the prosecutor's office or the court.
If you want to change the terms of the contract or completely refuse the services of this service company and choose another, then such a decision must be made at a general meeting of residents by a majority vote.
By the way, in many cities of Russia there have already been trials on “intercom” issues, and, as practice shows, the court often sides with the residents. For example, positive decisions were made in Moscow, Voronezh, Krasnoyarsk and other cities.
– There is a guarantee for any equipment, including intercoms, and during its period all faults must be corrected free of charge. That is, at this time you can not pay a subscription fee?
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The warranty period is the time during which the company undertakes to replace or repair equipment at its own expense if a manufacturing defect is detected in it. Usually it is equal to one year. As Rospotrebnadzor clarifies, according to the law “On the Protection of Consumer Rights”, an organization is responsible for equipment defects only if their occurrence is not proven due to violations of operating rules, actions of third parties or other force majeure circumstances. In other words, not all breakdowns may fall under warranty, and if your intercom is periodically attacked, for example, by vandals, then this is not the fault of the service company.
However, as Sergey Ulitin notes, there is a broader concept - warranty service. In addition to repair or replacement of goods, it implies the provision of services for additional configuration, adjustment, and technical support of the installed system. Depending on the terms of the contract, the warranty period can range from three months to three years. And the intercom service fee begins to be charged immediately after the installation of the intercom system is completed and the acceptance certificate is signed. If the contract provides for monthly payment, the first payment is made one month after the start of using the equipment.
Thus, charging a monthly fee for servicing an intercom immediately after its installation does not contradict the law, and the funds collected go to maintaining the system and carrying out other work, that is, warranty obligations are only part of the subscriber service.
If you have questions that you can't find the answer to, ask us and we will try to answer them.
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