What is a mop in a budget. Power supply of the MOS in the housing and communal services receipts: what does this mean? What about public spaces

According to Art. 39 of the Housing Code of the Russian Federation, the owners must keep their apartments (rooms), other objects in proper condition. Responsible for the repair of common house property are intermediary companies that have passed state registration and have a license. Let's figure out what a MOP is in an apartment building, how it differs from common property, how maintenance is paid, who should be responsible for the safety of property and carry out repairs.

In multi-apartment buildings, except for apartments and non-residential premises, there are places that are available for use (visit, stay) by all persons living in them. Obviously, deciphering the abbreviation MOS is quite simple. These are public spaces. Although, it should be emphasized that not a single legal act contains a definition of this particular concept. It is mentioned only in paragraph 1.8 of the Decree of the Gosstroy of the Russian Federation of September 27, 2003 No. 170 “On approval of the Rules and norms for the technical operation of the housing stock”, the rest contain the concept of “common property” of an apartment building.

Article 289 of the Civil Code of the Russian Federation states that the owner of an apartment in an apartment building (MKD), along with it, also owns a share in the ownership of the common property of the house (Article 290). Article 36 of the Housing Code of the Russian Federation contains a list of what is included in it. A more detailed one is presented in the Decree of the Government of the Russian Federation No. 491 of 08/13/2006 (last edition of 09/13/2018).

What about public spaces

The composition of such property has the right to determine the tenants themselves, local governments. It is specified in detail in the MKD management agreement. Here is the main list of the property that is included in the MOP in an apartment building (in accordance with section I of Decree of the Government of the Russian Federation No. 491):

premises intended for auxiliary purposes or home maintenance;
roofs, load-bearing structures;
mechanical, electrical, heating equipment that ensures the functioning of the MKD;
the land on which the house is located;
territories adjacent to the residential building;
engineering Communication;
common counters and other property.

Lighting in the entrance, heating of landings, ancillary premises also belongs to the MOS, payment is made at the expense of residents, and is maintained in proper condition by the managing organization. All works are carried out according to the established tariffs, approved at the general meeting. Usually they are not lower than those that operate at the regional level.

Household lighting of an apartment building is paid at the expense of the owners of apartments and non-residential premises. At the request of the residents and if there is a technical possibility, energy-saving lamps with automatic control and motion sensors are installed.

Stairs, elevators, corridors, basements and attics must be provided with illumination of at least 20 lux. Without fail, above the entrance to the MKD entrance at a height of at least 2 m from the floor, a lamp with a brightness of at least 6 lux must be installed. Such rules are governed by s. 5.4-5.6 Decree of the Chief State Sanitary Doctor dated 06/10/2010 (SanPiN establishing requirements for lighting, 2.1.2.2645-10).

Rights and obligations of tenants of an apartment building

They are detailed in the MKD management agreement. Residents can:

to acquire ownership of a part in the common property - together with the purchase of real estate. The share is not allocated in kind;
control the work of managing organizations, check the quality of repairs;
dispute the amount of the accrued payment for common property;
by agreement, rent it out, direct the proceeds to maintain the MKD in proper condition.

Residents are required to constantly pay for utilities, including maintenance of common property and installation of metering devices. They are also required to take care of common areas, other premises and elements of the technical infrastructure of the house.

Some Features

Summing up

The maintenance of the common house property is the responsibility of the tenants. All technical work is carried out by the UK or HOA in a predetermined timeframe or as needed. Owners are required to regularly make contributions to the maintenance of the common property of the MKD. Disputes with the managing organization are resolved in the manner prescribed by current legislation.

Many, for sure, noticed that a new line appeared in the bills for the apartment - coverage of the MOS. Under this abbreviation, so-called common areas or stairwells, attics, basements and elevators are hidden, where light bulbs are lit or at least should be lit. The obligation to pay for this general light was placed on the residents of apartment buildings by the Housing Code. Look at Article 158: the owner of the premises in an apartment building is obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining the common property in the apartment building in proportion to his share in the common ownership of this property. There are also a number of legal acts on this subject, including those explaining how and in what amount residents must pay for lighting in common areas.

In fact, the residents of high-rise buildings used to bear the burden of paying for the general light. But the fee was hidden in the line "repair and maintenance of the housing stock." These funds went to management companies, which themselves paid electricity suppliers for the lighting of entrances. The difference between the amount of electricity consumed per month by the whole house and the indicators of individual apartment meters (or consumption standards for apartments without meters) was calculated. "Extra" kilowatts were considered lighting for common areas and paid for by management companies. After the legislation divided the numerous services that apartment owners receive into housing and communal services, the lighting of common areas has ceased to be considered a service to the housing stock. This is clearly a public service. All points above the i were dotted by a letter from the Ministry of Regional Development of the Russian Federation, which explained that the amount of electricity supplied for lighting common areas and for the operation of electrical equipment related to the common property of an apartment building should be paid as part of the payment for the utility service "electricity". So a new line appeared in the bills - MOS coverage.

The question arose, how now to take payment from tenants? No questions arose where collective (common house) metering devices were installed at the entrance to the house. In this case, the charge is calculated depending on the energy consumed, and the tenants pay its actual cost. It can be more or less - suddenly, in a month, the elevator was used less often, the light bulbs in the stairwells burned out or were replaced with energy-saving ones ...

If there is no such public meter, and they are not yet available in most old high-rise buildings, the payment for lighting common areas is calculated according to the electricity consumption standards, the amounts of which are set by the regional authorities. In most regions, this standard is 7 kWh per person per month in buildings without an elevator and twice as much in buildings with an elevator.

To calculate the final amount of the payment, you need to multiply the standard by the tariff (the cost of 1 kW / h in your region) and by the number of people registered in the apartment. Each region has different electricity tariffs. Take, for example, the city of Moscow, where in 2010 1 kWh in houses with gas will cost 3.45 rubles. We multiply the standard (7) by the tariff (3.45) and by the number of people (6), it turns out 144.9 rubles - this is the amount that a family of six will have to pay monthly for lighting common areas in the house without a common house meter.

Now the court is considering a dispute between the management company "VB-Service" and their client - the company "Bogazichi", which decided to challenge the bill for the maintenance and repair of common areas. According to existing practice, the amount for these services of the management company is approved at a meeting of owners and then charged for each meter of real estate that is in personal ownership (area of an apartment or office).

“At the general meeting of owners, a tariff for the maintenance and repair of the MOP was approved in the amount of 1,500 rubles. for 1 sq. m. UK through simple calculations, multiplying this tariff by the area of the premises of the owner and the number of months for which he collects money, presented the court with a corresponding calculation. Representatives of the owner objected, pointing out that if the tariff is multiplied by the area of the owner, then the payment for the maintenance and repair of personal property, and not the MOS, will be obtained. In order to calculate how much money each owner owes for the MOP, it is necessary to determine his share in this MOP (this is also indicated by the Housing Code of the Russian Federation in Articles 37 and 39). With this approach, the cost of maintaining and repairing the MNP for a particular owner is reduced by 7-9 times (depending on the number of square meters of the MNP in each specific case),” says Mikhail Kyurdzhev, partner of the A2 Law Office, who defends the interests of Bogazichi in court.

According to him, it is fair to use the following scheme. If the area of \u200b\u200bthe house is 10 thousand square meters. m, the area of all apartments is 9000 sq. m, and the area of the MOP is 1000 sq. m, then the owner of an apartment of 90 sq. m, it is necessary to determine its share, both in the area of \u200b\u200ball apartments, and in MOPs. Accordingly, the entire calculation can be represented as a simple mathematical proportion: 90 relates to 9000 in the same way that X relates to 1000. Thus, the area ratio is 1 to 100, which means that the owner of an apartment of 90 square meters. m should contain 10 sq. m MOS. And it is 10 sq. m must be multiplied by the cost of the tariff, and not 90 sq. m, as suggested by the Criminal Code.

Dangerous precedent

As Kyurdzhev noted, the new case could become a precedent that will cause a wave of similar claims, both in residential and commercial real estate.

The courts of first and second instance supported Bogazichi and reduced the amount of the penalty by more than six times - from more than 5 million rubles. up to 950 thousand rubles. However, the decision was overturned on appeal. Now the company is preparing to protest it, said Kyurdzhev.

In turn, the VB-Service company stated that the recalculation requirements were completely unfounded.

“A gross violation of the law was committed in the court of first instance, everything was corrected at the cassation.

No precedent has been set. We don’t know if Bogazichi is going to the Supreme Court, but I’m sure that there will be a similar decision,” Gazeta.ru was told in the legal service of the company.

Lawyers assess the prospects for further development of the case in different ways.

“The arguments of both parties, both the owner and the management company, in fact, boil down to different interpretations of the same articles (37 and 39) of the Housing Code of the Russian Federation, the wording of which is really quite difficult to understand and can often be interpreted differently. The level of expenses for the maintenance of the MOP directly depends on the share of the area owned by the owner himself, and both sides agree on this, but the owner points out that he should pay less, based on the fact that the calculations of the Criminal Code are based on an erroneous interpretation of the proposed legislative framework”, - says the head of the dispute resolution practice at IFC Horizont Capital.

In his opinion, the interpretation of the owner in this situation looks more correct, and the arguments given are more weighty.

However, it is not yet clear whose side the court will take, especially since in the event of a choice in favor of the owner, a precedent can be created that will affect the entire sphere of relations between homeowners and management companies.

“The court will definitely take such consequences into account,” Itskov is sure.

UK will be put under the knife

The head of the "School of a competent consumer" project believes that if a mass transition to a new calculation system begins, the consequences for the real estate management system can be very sad.

“This is the wrong approach. It is possible to reduce the fee by 10 times, but it is stupid to demand from the Criminal Code that they do full work for this money. They just turn around and leave. To reverse the current system is to recognize that houses should not be managed at all. In fact, we will put all the Criminal Codes under the knife. But we are entering winter, the heating season is starting,” he says.

In his opinion, the current practice of calculating payments based on the area owned by customers is completely legal.

“There is a general rule that the owner bears the costs in proportion to the share of the common property. But the share of his property reflects this proportion. It is almost impossible to calculate it exactly. How to add flights of stairs, general communications and roof area? Kozlov asks.

The head of the legal support department at NP ZhKKH Control also believes that the existing methodology for calculating the payments of the Criminal Code is fully consistent with the law.

In turn, Kyurdzhev is sure that the new practice will not harm the Criminal Code in any way.

“We managed to look into the financial performance of the management company, the difference between the money they collect and the cost of services is huge. So if you reduce payments by six times, there will still be enough money left, ”the lawyer said.

The President of the Society for the Protection of Consumer Rights Mikhail agrees that the requirements to calculate services according to the new methodology are completely justified.

“These questions come up all the time. In my opinion, it is absolutely correct that they are asked to pay based on the share in the common property, and not on the footage. No questions arise here; if the owners are consistent in defending their rights, they will win the case,” he said.

According to the head of the OZPP, after a precedent is created in court, other similar claims may arise. “Tariffs are constantly recalculated, but thus payments for the maintenance of common areas have not yet been considered. It is quite possible that now this area will be monitored more closely,” says Anshakov.

Word mop comes from English mop“, which in translation means a mop. However, in Russian, the word mop means a washing nozzle or, in simple terms, a rag for washing the floor, worn on a mop holder or a floater. The very concept of “mop” is not used in professional slang for cleaning workers. The “Soviet” mop is a metal or wooden handle with a rag wound or clamped with a rag from trimming a canvas-stitched fabric. A modern mop for washing floors is collapsible, consists of three components:

Lever usually aluminium. It is also made of stainless steel, wood, fiberglass, plastic. At the end of the handle there is a hole for the latch or a thread.

Mop holder or floater. It is usually made from impact-resistant plastic. It is attached to the handle with a hinged lock or screwed onto the thread. The two most common types of holder are the clip holder (suitable for Kentucky-type rope mop and cut-away nonwoven cloth) and the flat holder with different types of mop attachment, which we will discuss below. The term flooder is generally applied to mops with a flat mop head.
Mop. It is made from cotton, microfiber (microfiber) or a combination of materials with some additives, depending on the purpose of the mop.

The first special mops that appeared, and not fabric scraps, are considered rope noodle mops Kentucky type. They were first used in the 15th century by conquistadors to wash the decks of ships. Rope mops are inexpensive, but very inconvenient to use and ineffective. In fact, they carry mud, which is acceptable on the deck of the ship, when the mud can be thrown into the sea. The contact spot (the place at the base of the mop, with which we press on the floor and wash it) at the rope mop 25-50 sq.cm. Flat mop floaters have a contact patch 10 times larger because the force is distributed over the entire base area of the floater.

Used for dry floor cleaning cotton mops with woven fiber. The microfiber dry cleaning mop is excellent at attracting dust, but does not absorb moisture, so it must not be crossed with a scrubber dryer, because after passing such a mop along the trail of the car, all the garbage will remain at the intersection. A mop with such a mop, 60 to 100 cm wide, is pushed in front of the cleaner. Cotton perfectly absorbs moisture, the wicker structure collects and sweeps debris, after dry cleaning, the cotton mop is vacuumed. For wet cleaning, a cotton mop is used for especially dirty work, because. it wears out quickly and smells bad. At the same time, the special weaving of the mop threads for the mop allows you to sweep and wash at the same time.

For daily wet floor cleaning As a rule, microfiber cleaning nozzles are used. They are more durable and do not rot. Microfiber mops with microfiber about 15 mm long are universal, they are used more often for washing floors after entrance areas. Microfiber mops with a combined height of microfiber are used for washing tiles (it washes the seams well). Mops with microfibre less than 7 mm are used for wiping the floor dry, for washing floors demanding moisture, such as laminate and parquet. Wet cleaning with a mop with a mop occurs moving backwards, moving the mop along the Z path.

Having received receipts for payment of housing and communal services for July, many residents of the Odintsovo district drew attention to a new line in the fat bill - “Power supply of the MOP”. This innovation caused many questions among citizens, and some discontent and indignation. “Another fool and pumping money from the population?”- the forum users of Odintsovo-INFO sounded the alarm.

Previously, apartment owners also paid for energy supply in common areas, only the payment was included in the “Maintenance and repair of residential premises” tariff. And from July 1, the cost of electricity was excluded from this tariff, and brought it to a separate line in the receipt - “Power supply of the MOS”.

“Previously, electricity was included in the tariff for servicing public places, but now it has been allocated in a separate line. And from the amount for "Maintenance and repair of residential premises" the cost of electricity was deducted accordingly,- commented the head of the Municipal Unitary Enterprise "Housing Department" Mamikon VARTAPETYAN. — It is up to those who develop laws and introduce tariffs to answer why this is done. This is an innovation not only for MUE UZHKh, but for all Management Companies. We are simply executors of those decisions that are made at the level of the Government. Thus, homeowners once again clearly demonstrated that they are responsible not only for their apartment, but for the whole house..

Common areas, attic, basement, elevator facilities - all consumed electricity in an apartment building is displayed on the meter, according to the readings of which the monthly cost of the "MOP Power Supply" is calculated. “We expose the amount for payment according to the counters that are installed in the houses. This money immediately goes to the energy supply organization and does not stay with us for a day. Vartapetyan explained.

If someone in common areas installed additional lighting or illegally connected to the power grid, all residents of the house will have to pay for the leakage of electricity. “The amount for the electricity supply of common areas is decomposed proportionally for all. And calculated by square meters,- said the head of MUP "UZHH". — Thus, if I live alone in a three-room apartment, and five people live in another one-room apartment, this does not mean that I will pay less. Living in a three-room apartment, I occupy a larger share of the house than those who live in a one-room apartment. That's why you have to pay more. Whoever has more space pays more.

“The number of people registered in the apartment has nothing to do with the lighting of common areas. The amount of payment is calculated according to the area of apartments, since the common property is divided in proportion to the area of each apartment, and not to the number of residents,- novichok additionally explained on the Odintsovo-INFO forum. — The light bulb shines for one, for seven, there is only a difference in using the elevator, but, you yourself understand, it is unrealistic to calculate who from which apartment used it how many times. I think now this line of expenses will be easier for residents to track than before, when it was included in the "Maintenance and Repair". It was then that it was generally not clear how the legs grow. Now residents can at least every month request readings from the general house meter and the calculation of consumption for their apartment in the Criminal Code.

Reducing the amount of payment for electricity supply to the MOS is possible if the residents of the house show a masterly approach to business. In those buildings where residents elect an initiative group that will monitor the regularity of taking individual meter readings by all residents of the building in order to identify unauthorized connections to the electrical network, the amount of charges for MOPs may be reduced. If residents have doubts as to whether the wiring of the house is in proper condition, they should contact the Management Company with a request to audit the electrical networks of the residential building. After the elimination of unauthorized connections and losses, residents will be charged real payment for the electricity supply of common areas.

As the head of MUP "UZHH" has already noted, the cost of electricity supply to common areas was deducted from the expense column for "Maintenance and repair of residential premises". Meanwhile, many pay attention to the fact that the amount for "Maintenance and repair ..." has not significantly decreased. “They reduced the ruble - they added two!”- forum users are perplexed. In fact, it is. But this is not due to the "mysterious machinations" of the Management Companies, but to the fact that tariffs have increased since June 1. Electricity was removed from the “Maintenance and Repair” line, but the tariff for “Maintenance and Repair” itself increased. The tariff for electricity has also increased. “Here you have subtracted a rupee, added two, arithmetic for a first grader. If you really want to understand, go to the accounting department. Get a full account!- calls on the forum "Odintsovo-INFO" novichok.

We add that in the administration of the Odintsovo district, Ed works around the clock. other duty dispatch service. In addition to all issues related to the life of the area, there you can report violations in the activities of management companies in the housing and communal services sector and payment of tariffs for services rendered. Tel. services - 596-21-66, 596-14-35.