Is it legal to charge for intercom every month? Can the management company service intercoms? Installation of intercoms in MKD

Question :

In MKD there was a direct form of management, now they are moving to our management company. An intercom is installed at the entrance. Can the management company independently change the intercom service company, or does this require a meeting of residents and a protocol? And who should set the tariff for servicing the intercom of the Criminal Code (for several commercial proposals) or, again, the meeting of owners?

Answer :

If the intercom is not provided for by the MKD project, but installed later, then in order to collect a fee for its maintenance as common property, it must, firstly, be officially included in the common property of an apartment building, and secondly, the managing organization must conclude a service agreement this property with a specialized organization or carry out this type of work independently.

The Housing Code clearly states that only at a general meeting of owners of MKD premises is a decision made on incurring the costs of servicing the UO intercom.

To resolve this issue, the owners of premises in the MKD need to hold a general meeting of owners, at which to raise the issue of making the intercom part of the common property, maintaining the intercom of the UO and determining the amount of payment.

In accordance with paragraph 7 of the “Rules for the maintenance of common property in an apartment building” (Decree of the Government of the Russian Federation of August 13, 2006 N 491), automatically locking devices for the entrance doors of an apartment building are included in the common property i.e. That is, when concluding a service agreement, intercoms are included in the list of services.

In accordance with the Letter of the Ministry of Regional Development of Russia dated April 27, 2011 N 8055-14 / IB-OG "On the clarification of the norms of housing legislation", intercom , as equipment located in an apartment building and serving more than one room (apartment), fully meets the signs of common property in an apartment building, indicated in ch. 1 st. 36 of the Housing Code of the Russian Federation.

The vast majority of apartment buildings located in Russia and built before the entry into force of the new Housing Code of the Russian Federation did not provide for the presence of intercoms in the design documentation during construction.

In this regard, at present, a situation has developed in which in houses serviced by management organizations, the owners, on the basis of direct contracts with the service organization, carry out the maintenance and repair of this device at their own expense.

In the silhouette 2 tbsp. 162 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), under an apartment building management agreement, the managing organization undertakes to provide services and perform work on the proper maintenance and repair of common property in such a house.

Consequently, the obligation to conclude a contract for the maintenance of the intercom, as common property, rests with the managing organization.

Intercom maintenance should be included in the list and cost of maintenance of common property.

Therefore, if the intercom is not provided for by the project of the apartment building, but was installed later, then in order to collect a fee for its maintenance as common property, it must, firstly, be officially included in the common property of the apartment building, and secondly, the managing organization must conclude a contract for the maintenance of this property with a specialized organization or to carry out this type of work independently.

The managing organization, as a professional organization operating in the housing and communal services market, in accordance with the terms of the concluded agreement on the management of an apartment building and in accordance with Art. 2 tbsp. 162 of the Housing Code of the Russian Federation is obliged to provide services and perform work on the proper maintenance and repair of common property in an apartment building.

According to Article 44 of the Housing Code of the Russian Federation, the decision on the issue of including the intercom in the common property of the MKD, on servicing the intercom of the MA and determining the amount of payment should be made by the owners at the general meeting of the owners of the MKD .. Moreover, two-thirds must vote in favor of the decision “for” or “against” owners (Article 46 of the RF LC), and the weight of their votes is distributed in accordance with the number of square meters of area owned by the owner (Articles 48 and 37 of the RF LC).

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 Housing Code of the Russian Federation clearly states that only at the general meeting of the owners of the premises is determined the choice of services and their financing.

Intercoms in apartment buildings and cottages are installed to protect themselves from unwanted guests. This device allows you to protect property from theft. Persons who do not live in the entrance and do not have keys, the control system does not let through. Currently, there are many companies on the market that install intercoms in the entrances of apartment buildings. Before installing a control system of this level, residents need to decide which one will be preferable for them.

What regulations regulate intercoms in residential buildings

Intercoms have firmly entered the lives of people, becoming necessary for them. They can replace a watchman, a concierge, and in some cases even a landline phone. However, to date, no set of rules has been developed that would regulate the procedure for the provision of such services. Therefore, people often face a number of problems.

In the Russian Federation, the installation of intercoms is not regulated in any way. They are not mentioned either in the Housing Code of the Russian Federation, or in the Rules for the provision of public services to citizens, or in other regulatory legal acts.

It should be noted that the design documentation of most apartment buildings does not provide for the installation of intercoms, in connection with which citizens and management companies have questions. To answer them, state authorities have to comment on some of the norms prescribed in the laws.

For example, the Ministry of Regional Development of the Russian Federation, after considering the appeal of citizens, explained to them the norms of housing legislation in letter No. 30665-IB / 14 “On the procedure for installing an intercom” dated 08.23.2010. It contains the following information: “The intercom is equipment installed in an apartment building. Since it serves several apartments, it is common property (the signs of which can be found in part 1 of article 36 of the Housing Code). This article says that in order to install an intercom even in one entrance, the consent of the owners of all apartments in the building is required, for which it is necessary to organize a general meeting of residents of an apartment building.

The Ministry of Construction, Housing and Communal Services of the Russian Federation explained the following to citizens in a letter dated April 11, 2016 No. 10686-AT / 04. Residents at a general meeting have the right to decide to include work on the service and maintenance of intercom systems in the list for the maintenance of common property, or they can draw up a separate contract for this activity with the management company or with another company that maintains such equipment.

If the security system was installed with the money of the owners of residential premises of MKD, then it is a collective property. The inclusion of a locking device in its composition is carried out in the prescribed manner, while the maintenance of the equipment will relate to the work and services for the maintenance and current repair of the common property of an apartment building. The management company does not have the right to charge an additional fee from tenants for these services. The cost of the work should be included in the costs of maintaining and repairing the collective property.

The amount of the fee for the maintenance of intercoms is prescribed in the contract, which is concluded by the management company and the contractor. The cost of these works varies depending on the level of prices for them in various regions of the Russian Federation. The state does not regulate the payment for intercom systems, and it is not included in the tariffs for housing and communal services.

• Three rules for concluding contracts with resource-supplying organizations when accepting / transferring MKD

Which intercom to choose for MKD

The installation of locking devices allows you to maintain cleanliness in the entrances and keep out uninvited visitors.

Such equipment has a number of advantages.

1. Allows people to protect themselves. There are many cases of crimes committed in the entrances of residential buildings.
2. Helps maintain cleanliness. Homeless people, drug addicts, and young people often look into entrances with free access. They all litter, can paint on wall panels, etc.
3. Contributes to the preservation of the common property of MKD. If there is no locking device, then hooligans can break ceiling lights, windows, unscrew light bulbs, break doors, an elevator, etc.
4. Residents of entrances protected by the control system feel calmer, because they do not need to worry about common house property and be afraid of meeting uninvited guests.

Residential owners are offered a wide selection of locking devices, including at a price.

However, such equipment also has disadvantages. The main one is that such systems are underdeveloped. Anyone can still get into the entrance by slipping behind a person going home. But employees of post offices and social services sometimes have to wait a long time before one of the residents opens the door, which is very inconvenient.

Installing an intercom is a responsible matter. Before purchasing equipment, you should to hold a meeting on which to organize a vote on this issue and then count the votes.

To resolve the issue in favor of installing an access control system, this should be supported by minimum 51% owners. If a positive decision is made, you need to find out how many sets of keys will need to be purchased.

In order for the equipment to be installed, the door in the entrance must meet the requirements of certain standards (it must be rigid, there are two sheets of them, it must be attached to 3 hinges). It would be better if compliance with the standards is determined by a specialist from a company that installs and maintains intercoms.

Before choosing an organization, you need to study the existing types of locking devices and stop at the most suitable one.

1. Audio intercoms

With the help of such security systems, residents can talk to people outside the door. The equipment consists of two parts. The external unit is installed on the front door, and the internal unit is mounted in the living room. Currently, such intercoms are often used in MKD entrances, since they are easy to use and have a relatively low price.

2. Video intercoms

Their installation provides residents with the opportunity to see the guest or visitor before opening the door. A video camera is mounted in the external block of video intercoms, which transmits an image when called. It is reproduced on the screen, which is an integral part of the internal apparatus. It also has a button that allows you to open the door remotely. Monitors of such systems can show black and white images, as well as color. Depending on this, the price of a video intercom will vary.

The owners of the premises are also provided with the function of installing security and fire alarm systems and their output to the control panel of the Ministry of Internal Affairs or the Ministry of Emergency Situations. In addition, such equipment can be associated with the call panel of various services (police, ambulance, emergency, emergency services, etc.).

Intercoms can be calculated:

• for one subscriber or several. They are installed on the front doors of private houses, cottages, checkpoints;
• for a large number of subscribers; their installation is carried out at the entrances of MKD, at the entrance doors of office centers, administrative buildings; such systems are capable of serving 100 or more people, several entrances.

Also intercoms can be digital and coordinate. They differ from each other in the switching system: in order to connect the call panel to a microphone located in the room, a multi-core wire (16-24) is used in coordinate-type equipment, and a two-core wire in digital ones.

It is worth noting that both types provide high-quality communication. The cost of digital systems is about 1/3 higher, despite the fact that the price of two-wire wire is much lower. In entrances with 160 or more apartments, the installation of a digital intercom will be advisable, but with a smaller number of connection points, it is better to purchase a coordination system.

In order to choose the right equipment, you need to consider:

• operational characteristics;
• is there a special lighting;
• what operations are available;
• what types of notifications are provided (sound, video, etc.).

All declared functions must be performed. The device also comes with instructions and a warranty card.

In Russia, the locking systems of the manufacturer Raikmann, as well as the Polish company Lascomex, are popular. Digital intercoms are also produced in our country. The most famous firms are Keyman, Filmman, Marshal. Coordinate type equipment is represented on the market by such brands as Vizit, Cyfral, Eltis. Digital devices can be changed one for another, but with a coordinate intercom it is quite difficult to do this.

The following companies are also market leaders in security monitoring systems.

• Commax. This Korean company has been in business for a very long time. The audio and video intercoms produced by it are of high quality.
• Atis is a China-based company that manufactures security systems used around the world. Video intercoms of this brand are very reliable.
• Viatek is another Chinese company producing both color and black and white video intercoms.
• Gardi is a domestic company. The devices of this company are distinguished by a modern design and have a quality at the European level.
• Kenwei is a Chinese manufacturer of professional security systems. The quality of intercoms of this brand is at the highest level.
• Kocom is a Korean company that manufactures locking devices that are easy to maintain, but at the same time very reliable. Users leave only positive feedback about these intercoms.

Expert opinion

Intercoms in an apartment building - additional reliability, but not a panacea

S. G. Shchetinin,

expert in the field of housing and communal services, Krasnodar

The intercom performs two functions: it locks the door and allows you to talk to the owner of the apartment. Sometimes in the documentation it is defined as a lock-intercom. Using it, the guest can contact the owner of any apartment, and the owners of residential premises can open the door remotely (or not open it). It is very comfortable. Residents themselves unlock the front door using a special key for this. Nevertheless, the presence of such systems is unable to guarantee one hundred percent security of citizens.

When installing an intercom, the company may not block such a function of the device as working in the code lock mode, while access to the entrance is greatly simplified. In addition, if the keys are lost by any of the residents, no one will agree to completely change the locking device.

Intercom systems operate as follows. The electronic key is a kind of password that is stored in the memory of the locking device. When the key is applied to the lock, the information is read and compared with the previously stored one. If the codes match, then the system will let the person through, if not, the door will not open. At present, it is possible to erase the password from the intercom memory in case of loss of the electronic key, for which you will need to enter its alphanumeric code. However, intercoms from many manufacturers are designed in such a way that special equipment is required to delete information.

Another disadvantage of such locking systems is the ability to copy data from the key. This does not require direct contact, the code can be read at a distance of several centimeters.

Based on the foregoing, we can conclude that even if an intercom is installed on the entrance door, this is not a guarantee of the safety of residents.

Intercom connection diagrams in apartment buildings and installation algorithm

You can connect the intercom in the MKD according to the following schemes.

• digital circuit

This method is quite expensive, therefore it has not gained popularity and is rarely resorted to.

A feature of this scheme is that the number of users that can be connected to the system is limited (no more than 255). A two-wire cable is used for connection. The internal board of the device is equipped with jumpers, with which the apartments are numbered. The operation of the desired handset when making a call is ensured by the system of these jumpers. Their closure occurs when a digital signal is applied. If the tube changes during installation, then you need to carefully monitor the sequence of wires, otherwise the system will not work. The fact that tubes are dependent on each other is a major disadvantage of digital systems. If one of them fails, you need to reconfigure all the others.

• Coordinate scheme

This option is more popular and acceptable for connecting intercom systems.

Installation work according to this scheme is more complex and expensive. However, the advantage is that the tubes are independent of each other, so problems with one of them will not lead to the failure of the entire system. The wires from each tube go to the control unit, so there are a lot of cables in such devices. When installing, be sure to follow the rules of polarity. If there is a small number of apartments in the entrance, then the switching device can be built into the intercom. In this case, the call panel and the handset will be connected directly. This will not lead to a deterioration in the quality of the system.

The device is installed according to the following algorithm.

1. First, the cable is pulled and the switching units are mounted. Laying can be carried out along the risers for wiring laid between floors, or along the walls of the entrance, closing with special protective boxes. Installation of switching units is carried out on each floor. They must be securely closed.
2. Install an entrance door in the entrance. Its most popular version is metal. In addition, wooden ones, which are upholstered with clapboard, are also in demand. AZU is mounted on the door.
3. Fix the call panel on the entrance door, connect the electronic unit.
4. They install internal devices in each apartment, switch the cable.
5. Fix the locking system.
6. Connect the power supply and power the circuit.

How much does it cost to install intercoms in apartment buildings

As a rule, the main criterion when choosing a locking device is the price. For example, at a general meeting, residents of a 15-apartment entrance voted for the installation of an audio intercom. If there is no need to replace the front door, you only need to mount the call unit and the key controller. An economical option is a Vizit brand device. It will provide high-quality protection against vandals. We will calculate the approximate cost of installing equipment.

You can buy a Vizit BUD-302K-20 control and call unit for 12,500 rubles. This amount includes the cost of installation. Doorphones of this type can be equipped with entrances, the number of apartments in which is not more than 20. The memory of the control unit is designed for 600 electronic codes. Communication duplex, loud-speaking. The control and power unit consists of an outdoor call unit located on the door, an exit button and an electromagnetic lock.

Audio intercoms of a digital type, installed at the entrances of MKD, have a low price. Intercom UKP-12 M costs 400 rubles. The advantages of this device include the volume control function, as well as a beautiful design.

The cost of the electronic key is 50 rubles. If you order 3 keys for each apartment, then the purchase and installation of an audio intercom will cost the following amount:

12,000 + 400 * 15 + 50 * 15 * 3 = 20,250 rubles.

Owners of residential premises will have to pay 1350 rubles each. If necessary, more keys can be made.

If you ordered the installation of a locking system, then the company:

• deliver all components to the specified address;
• will assemble the call panel;
• mount audio tubes in each apartment;
• lay the cable by chasing or lining;
• will perform commissioning, etc.

It may be necessary to perform other operations, which will depend on the type of equipment being installed, the layout of apartments in the entrance, the material from which the partitions are made, etc.

The best intercoms in apartment buildings in 2017

Below are the most popular models of domestic and foreign production.

1. CYFRAL CCD-2094.1(cost about 3,500 rubles) - an excellent device in the inexpensive category.

Intercoms Cifral CCD-2094.1 are installed at the entrances of MKD, office buildings, and industrial sites. The number of connected users can be up to 200 (in this case, 2 switches are required). The panel is made of metal, it is cast, so it is not so easy to damage it by vandals. The device includes an electronic code reader and a controller for checking them with saved passwords. This system allows you to disconnect or connect the user to the communication line, using software for this.

The lock is opened with a digital key. Opening a door or calling is accompanied by an audible signal. The system provides subscribers with the ability to adjust its volume, as well as the sensitivity of the microphone. The operation of the device is carried out in any temperature conditions.

Minuses: since the keys are digital, from time to time they have to be reprogrammed, involving specialists for this, whose services must be paid separately.

1. Commax CAV-50 GN(cost approximately 11,600 r) - the best video intercom.

Sometimes the owners of apartments in MKD decide to individually expand the capabilities of the security control system installed in the entrance. It is worth noting that at present there are quite a lot of flexible and scalable systems on the market that have superiority over single-family counterparts.

In the category of inexpensive video intercoms, the Gate View System is considered the best. The manufacturer is Commax. The device consists of many components, and CAV monitors are used to transmit images.

It is not difficult to choose the most suitable model. The manufacturing company issues catalogs that present video intercoms with screens of different sizes, several types of control (touch and push buttons), with or without a handset (with speakerphone). The model in question has an audio tube, the diagonal of the monitor is 5 inches. The device not only communicates with the access intercom unit, but also allows you to control the entrance to the premises. If necessary, residents can call the concierge for help using this system. If desired, you can connect a wireless video handset.

Main advantages:

• twisted pair is used for connection;
• the ability to integrate with many security control systems;
• the presence of three independent communication channels.

Minuses:

• speech on the call panel is not loud;
• low power of the power supply, which may not be enough for an electric lock.

1. Commax CDV-35 A(cost about 5,000 rubles) - the best inexpensive color video intercom.

The Commax CDV-35A device provides the ability to connect two call handsets and two video cameras. The image on the monitor is bright and clear due to the presence of LED-backlight and TFT-matrix. The screen diagonal is 3.5 inches.

This model allows you to clearly see the guest, the sound quality is also quite high. To switch to the second camera, you need to press the view button. The duration of the on display is from 10 to 60 seconds. Users can adjust the contrast, color saturation as they like, as well as adjust the volume of the conversation.

Minuses:

• there is no internal memory, so it is not possible to save images and videos from the intercom.

1. Kocom KCV-A374SD-4(cost approximately 12,000 rubles) - the best device that allows you to record a conversation.

With this device, you can photograph the staircase, record the image. This allows residents to see who visited them in their absence, as well as determine if there is a threat to their safety. To record video files, you need a flash drive with a large amount of memory. The image is saved in the "absence" mode when a call signal is triggered or by a motion sensor command. This allows you to see what was happening near your door, at any time. The advantages of such an intercom include the ability to connect two call panels or two cameras. In addition, the device can be integrated into any intercom system, which means that an additional monitor and audio handset can be connected.

The advantage of the KCV-A374SD intercom is the ability to read both PAL and NTSC video standards, so it is compatible with many cameras. In order for the image quality to be high, the resolution of the cameras must be 420 TVL or higher. The body of the device has a beautiful design, reminiscent of a photo frame.

The main disadvantage of this model is a small range of motion detector sensitivity settings. This leads to the fact that it can fire when it is not necessary.

Main advantages:

• monitor display has good viewing angles;
• you can record video both during a call and when a motion sensor is triggered;
• the ability to recognize both PAL and NTSC video formats.

Minuses:

• the device beeps loudly when the user selects the operating mode;
• files written to a flash drive are highly compressed.

1. Slinex RD-30(cost approximately 12,000 rubles) - the best device in the category of wireless video intercoms.

The handset of the device looks like a regular radiotelephone, only it does not have buttons with numbers. Its shape is ergonomic, and it is very convenient to use it, since you can get by with one thumb.

Call panels can be registered in four different ways. When talking with a guest, there is no need to bring the receiver to your ear.

The speaker is located on the back side and it is powerful enough, so even hard of hearing people can use this intercom.

This device also has a display that allows you to see the visitor in detail, even if the lighting is not very good. It is also possible to take a photo, if necessary.

The body of the RD-30 video intercom call panel is plastic and removable. This reduces the level of protection against vandals, but due to this design, communication with the handset over a long distance is ensured. If the case were metal, it would be impossible to achieve this. The handset is also equipped with a fold-out antenna.

Main advantages:

• the device is wireless, therefore mobile;
• communication with the handset is maintained over long distances;
• if you use an external power source, then using the panel you can control the electric lock;
• the ability to support multiple panels (maximum 4).

Minuses:

• low level of protection against vandals;
• small amount of internal memory, only 50 pictures can be saved.

1. Tantos Neo GSM(cost approximately 16,000 rubles) - the best device that allows you to forward calls.

You can install a SIM card into the Neo GSM device, and then it will perform the functions of a landline phone. If the owner of the apartment does not respond when calling, then a call will be automatically made to one of the saved numbers.

Subscribers themselves can also use the call forwarding function to make calls to emergency services - all you need to do is press a button. The mobile device can also be used as a wireless remote control. If you install additional blocks, the list of available functions will expand significantly. For example, it will be possible to send a signal from a mobile phone to open the gate.

Available to subscribers using Neo GSM and a standard set of functions. It is possible to connect two call panels, two video cameras, integrate with almost any common house system, combine an intercom with similar equipment. In addition, subscribers can record video files and photos on a flash drive and set their own ringtone volume for different times of the day.

Main advantages:

• the ability to save 6 numbers to which the call will be forwarded;
• video recording can be performed automatically (when called, motion sensor triggered) and manually;
• if desired, you can expand the functionality;
• subscribers can leave voice messages to guests and family members;
• there is a "do not disturb" mode;
• the ability to set different volume for four time periods.

Minuses:

• this model is not very reliable.

• Foreign experience of housing and communal services and the possibility of its application in Russia

Repair and maintenance of intercoms in apartment buildings

Companies performing maintenance of intercom systems must:

• maintain equipment in working order;
• accept applications for the repair of the intercom or its individual components;
• send the master on the facts of the appeal of residents;
• identify and fix problems;
• set up equipment, carry out its adjustment;
• replace defective parts;
• timely replacement of functional units.

The design documentation for the majority of MKDs in the Russian Federation, built before the entry into force of the Housing Code of the Russian Federation, did not provide for the installation of security systems. Therefore, apartment owners often conclude contracts directly with organizations that provide maintenance of intercoms and pay for their services themselves.

This leads to the fact that in MKD security systems can not be installed on the doors of all entrances, or residents turn to different companies that install and maintain these devices. However, according to the law, it is not allowed to conclude an agreement with the owners of MKD residential premises for the repair and maintenance of common property. The management company is obliged to carry out work on the maintenance of the collective property of an apartment building (in accordance with paragraph 2 of article 162 of the LC RF).

The management company must conclude a contract for the service of intercom systems, since this equipment is common property. The cost of maintaining such a device should be included in the maintenance fee. If the locking system was not installed during construction and the project documentation for the house does not provide for its presence, then it is necessary to officially include the intercom in the common property of the MKD.

In addition, the MA is responsible for signing a contract for the maintenance of security systems with a company engaged in this type of activity. Otherwise, it must carry out all the necessary work itself, since the Criminal Code is an organization that operates on the housing and communal services market and under a management agreement and in accordance with Part 2 of Art. 162 of the Housing Code is obliged to carry out work on the maintenance and restoration of the common property of MKD.

Management companies must carry out maintenance and repair of intercoms in apartment buildings, as this is required by the housing legislation of our country.

Payment for intercoms in apartment buildings as ODN in receipts of the Criminal Code

To deal with this issue, you need to find out if the intercom is included in the list of common property of the MKD and how the cost of its maintenance and repair was calculated.

This device has the characteristics of a collective property, as it serves more than one living space in the house. This is stated in paragraph 3 of part 1 of Art. 36 of the Housing Code, as well as in paragraphs. "d" paragraph 2 of the Rules for the maintenance of common property. Therefore, the management company is obliged to carry out maintenance of security systems under the management contract. The fee for this service should be included in the cost of maintenance of the common property of the owners of MKD premises. To approve this cost, it is necessary to organize a general meeting of apartment owners.

Management companies should not prescribe a fee for intercom service in receipts as a separate article, this is stated in the Letter of the Ministry of Regional Development of Russia dated 08.23.2010 No. 30665-IB / 14. It states that "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 maintenance of common property and is the responsibility of the managing organization."

In this regard, the payment for the maintenance of collective property should be uniform. Although it is allowed to indicate the components of this amount as separate items on the receipt, this will not be considered a violation of consumer rights, since it does not imply double payment for the same service.

The current regulatory legal acts of the Russian Federation do not prohibit putting accruals for certain positions from the list of common property of owners of MKD premises into a separate line. In judicial practice, there were cases confirming this (Determination of the Moscow City Court of December 10, 2014 No. 4g / 3-12228 / 14, Appellate rulings of the Volgograd Regional Court of April 3, 2014 in case No. 33-3610 / 2014, Voronezh Regional Court of June 10. 2014 No. 33-3090/2014).

The main requirement is that the amount of the fee must be established in accordance with the current legislation. At the general meeting of residents, a decision may be made to delimit the costs of maintaining the security system and maintaining and repairing the common property of MKD (Appeal ruling of the Moscow Regional Court dated March 14, 2013 in case No. 33-6143, Resolution of the FAS PO dated July 8, 2013 in case No. A72 -4051/2012).

If intercoms were installed at the entrances of the MKD and included in the list of common property, but when determining the amount of the fee for its maintenance, the costs of servicing the locking devices were not taken into account, then the question of whether the management company can demand compensation for these funds in a separate article, brought up for discussion.

Work on maintenance of security systems is carried out in accordance with the rules contained in the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of September 29, 2010 No. 6464/10. They read as follows: "determination in the contract of the proper amount of payment for the normally foreseeable, normally necessary maintenance and current repairs of a residential building, taking into account its natural wear and tear, is an entrepreneurial risk for the managing organization." This means that if, when drawing up a management agreement or approving the amount of costs for servicing the common property of an MKD, an intercom system has already been installed and included in the list of such, but the business company has not decided on the source of compensation for the costs of its maintenance, then it does not have the right to charge money for intercom in addition to the payment for the maintenance of the collective property of the owners of the premises of the building.

For example, the Appeal decision dated 01/13/2015 in case No. 33-118 of the Saratov Regional Court was as follows: to exclude the cost of an intercom from the amount of the rent debt to be collected from the owner of the dwelling. The reason for this decision was the lack of evidence from the management company about the refusal of the tenants to include funds for the maintenance of the locking device in the payment for the maintenance of common property.

In judicial practice, there were cases when the decision was made in favor of the economic organization. For example, payment by the owners of the costs of maintaining the elevator and removing solid waste is mandatory, even if these amounts were not taken into account when determining the amount of housing maintenance costs (Appeal ruling of the Supreme Court of the Republic of Komi dated 04/07/2014 in case No. 33-1547 / 2014) .

At the general meeting of the owners, a protocol was drawn up approving the amount of the payment for the maintenance and repair of housing, while the tenants did not include the costs of maintaining the elevator and removing solid household waste. The list of works related to the state of the common property also lacks the service of elevators and the removal of solid waste. However, all this was carried out. This is confirmed by contracts with contractors and acts of completed work, which were submitted to the court for consideration.

According to the current legislation, it is impossible to install a security system unless a corresponding decision has been made at a general meeting of apartment owners. Therefore, if the project documentation did not provide for the installation of an intercom, but the MA carried it out by concluding agreements with a part of the owners of residential premises, then it does not have the right to demand a fee from the residents for servicing this device, including including it in the cost of maintenance and repair services common property.

Before it is decided to include the locking device at the general meeting of residents in the list of collective property of the MKD, its maintenance services are classified as additional, and therefore the owners are not required to pay for them.

There are also clarifications on this issue in the Letter of the Ministry of Regional Development of Russia dated April 27, 2011 No. 8055-14 / IB-OG. It states that if intercoms in the entrances were not installed during construction, because this was not provided for in the project documents, and later, then in order to charge residents for their maintenance, it will be necessary to include the devices in the list of common property. In addition, an agreement must be signed between the management company and a company specializing in the provision of services for the maintenance and repair of intercom systems, or the managing organization is obliged to carry out all the necessary work on its own.

It is worth noting that if the locking system is not included in the common property of the MKD, then the business company can conclude a contract with an organization servicing this device under agreements with the owners of residential premises, according to which the funds transferred by the owners for these services will go to this company.

Then the managing organization has the right to issue in the receipt the amount payable for the maintenance of the intercom in a separate line.

If the locking device was installed during construction (since it is provided for in the project documentation) or later (at the same time, at the general meeting of the owners, it was decided to include it in the list of collective property), then the cost of maintenance work is included in the payment for maintenance and repair of the common property of MKD. In the receipt, it can be printed separately, which is allowed. The main thing is that tenants do not pay for the same service twice. If the intercom is not common property, then the managing organization may demand compensation from the apartment owners for the cost of its maintenance only in favor of the company providing the relevant services. To do this, you need to conclude an agreement with her on accepting payments.

Court practice related to the installation of intercoms in residential buildings

Often there is a situation when the locking device is inoperative, but the residents have to pay for its maintenance and repair services every month. You may also encounter the refusal of apartment owners to pay for intercom maintenance, since they do not consider themselves members of the HOA.

For example, a citizen Smirnova G.I. was sued by the association of homeowners "Lenina 23". It was stated that she had accumulated rent arrears while owning and living in the apartment. The woman refused to pay for only some services.

The court sided with the HOA, satisfying his demands. Citizen Smirnova G.I. filed an appeal, as she considered the court decision to be incorrect. She asked not to recover from her the cost of services for the maintenance of the intercom, since they were not provided. However, the appeal was rejected, the court's decision remained in force. At the same time, the woman was explained that the owner must himself bear the burden of the property that belongs to him (according to Article 210 of the Civil Code). The Association of Homeowners carried out activities for the maintenance and repair of the common property of MKD in good faith, provided utilities in full. This is confirmed by acts of work performed, invoices for payment and invoices.

Between the HOA "Lenin 23" and LLC "Far Eastern Security Systems" an agreement was concluded for the installation and maintenance of an intercom. On the basis of this contract, as well as an invoice and an act of work performed, lock-intercoms were installed in the entrances of the MKD. The homeowners association received from the contractor the required number of sets of keys.

The documents indicated that the key was also provided to citizen G. I. Smirnova. After considering the appeal, the first court decision was found to be correct, and even if the owner is not a member of the HOA, he is still obliged to pay in full for the utilities provided to him. Therefore, the defendant was charged the amount of the debt for the rent, including for the maintenance of the lock-intercom.

Free access to the entrance of an apartment building disrupts the peaceful living of apartment owners in it. In the cold season, such entrances often become a haven for noisy groups of teenagers or a place to sleep for people without a fixed place of residence. The war of tenants with uninvited guests can sometimes end in tragedy.

In order to ensure the safety of living in an apartment building, intercoms are installed. Legal issues of holding this event cause disputes and contradictions between the owners of apartments. Let's figure out how to install an intercom in an apartment building in accordance with the law.

If not everyone needs an intercom

Intercom installation begins with a general meeting of the residents of the entire house. The decision on the need to install the device is made if there is a positive response from more than half of the total number of owners.

Among the inhabitants there are always those who are against the installation. Often these are pensioners who feel sorry for the money. There are also residents who believe that restricting access to the entrance violates their rights. They are not going to install a pipe at home, and it is not very convenient for them to run downstairs to let their guests in.

Despite the refusal to install an intercom by some owners (if there are less than 50%), the decision will be considered positive.

Who will install

After deciding on the installation, the tenants have the following question: “At whose expense is the intercom installed?” The answer to this question can be found based on the way the house is managed.

Directly by apartment owners. In this case, all owners independently find an organization that installs intercoms. They conclude an agreement with her and pay all the costs of installing the device and additional amounts associated with installing intercom handsets in the apartment and buying keys. If the door in the entrance is old, a new entrance metal door is also required.

The house is managed by the HOA or the management company. It is these organizations, respectively, that take responsibility for installing the intercom. But as practice shows, companies can pay only part of the amount. The rest of the money comes from the residents' pockets. Residents pay extra for the purchase of a complete set of keys and the installation of a handset.

We draw your attention to the fact that after installing the intercom, all residents of the house must be given a code by which you can open the door if you have forgotten or lost the key.

In order to save money, you can install the intercom handset yourself. It does not require specialized education or special equipment. The main thing is to follow the instructions correctly. To mount the handset, a telephone cable is laid to the apartment. The wires are connected to the tube according to the diagram. Attaching the tube to the wall with your own hands is not so difficult - just screw in a couple of self-tapping screws and hang the tube on them.

Which intercom to choose

There are many companies on the Russian market that manufacture devices for intercoms. High production technologies allow to produce improved models every year. What will be the intercom in the house - it's up to the owners to decide.

When choosing an intercom, you should pay attention to the switching system. According to this parameter, coordinate and digital intercoms are distinguished. Their difference lies in the wire, thanks to which there is a connection to the apartments.

When installing a digital intercom, one line is laid to connect the switch to all apartments. The coordinate system is designed in such a way that a separate wire will be laid to each apartment, connecting it to the switch.

Today, digital intercoms are considered more reliable in operation. But their price exceeds the price of coordinate three times.

Another of the characteristics that you should pay attention to is the type of connection. There are audio and video intercoms. Their difference is in the presence of a display on which you can see who is calling. Video intercom provides high security, thanks to him, no one from outsiders can get inside the entrance. But the cost of such devices is high. For the most part, apartment owners prefer audio intercoms.

Who pays for intercom service

From the moment of installation, the intercom acquires the status of common house property and belongs to all apartment owners in the house. According to the current legislation, the tenants themselves pay for the maintenance and service of the property. After the appearance of the intercom at the entrance, a new receipt will appear in your mailbox.

The obligation to pay amounts for the maintenance of this device is assigned to those owners who did not install tubes in their apartments.

Previously, people did not think that someone could enter their entrance and cause damage to the property that is in it. In Soviet times, there were wooden entrance doors at all, and flowers in pots bloomed on the landings.

Perhaps the dashing 90s, when the morality of the people wished for the best, became the reason for the vandalism of the entrances. It was then that they began to invent and install various means of protection against ill-wishers. At first, these were combination locks installed by the housing and communal services, after which they were replaced by intercoms. Let's see what else will be invented to protect common house property.

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Recently, the problem of intercoms and payments for them has become one of the most common in the field of housing and communal services.

On the one hand, there are voices that the subscription fee is absolutely legal and necessary, others claim that it is illegal to pay for an intercom and demand a recalculation of the funds paid for intercom devices.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call free consultation:

The number of court cases on the “intercom issue” is growing every year. Is intercom fee legal? Both sides are right in their own way, because the legality of charging for intercom depends on several conditions that need to be sorted out.

Is it legal to turn off utilities for non-payment? find out right now.

Legislation

Payment for intercom, as well as maintenance of intercom devices governed by the following laws and regulations:

• Decree of the Government of the Russian Federation No. 491 "Rules for the maintenance of common property in an apartment building";
• Decree of the Government of the Russian Federation No. 354;
• Law "On Protection of Consumer Rights";
• Housing Code of the Russian Federation.

According to these legal acts, the entrance door intercom is part of the common property of an apartment building. By law, payment for the intercom should be included in the bill for the maintenance of common property.

However, in practice it is often additional column in utility bills, that is, a certain amount of money is withheld from each apartment every month.

At the same time, often the owners themselves are to blame for the fact that they are charged for the maintenance of the intercom. A common situation is when, when installing an intercom, the owners enter into a separate agreement providing for a monthly subscription fee for servicing the intercom.

That is, if between the owners and the company that installed the intercom, signed a service contract, then the monthly fee is taken into account in a separate article of utility bills.

The terms of the contract must be respected by both parties, so charging for the maintenance of the device is absolutely legal.

Thus, the legitimacy of the intercom fee depends on the presence or absence of a contract concluded between tenants and a separate service organization.

You can learn about who and where to complain about the management company from ours.

What is charged for?

Intercom installed on the front door, consumes electricity, which is taken into account in the maintenance bills. If the device is in good working order, the contracting company or the management company practically does not bear any other separate costs for its maintenance.

The only thing that the money paid by the owners of the apartments can go to is a hypothetical repair in the event of a device breakdown or maintenance with the help of a bypass by specialists.

When servicing the intercom, the executing company must maintenance records, which is quite rare.

If the service organization is not ready to provide such acts to residents, then they may raise the issue of the company's failure to comply with the terms of the contract.

What does the amount depend on?

The amount of payment for the intercom depends on the service agreement concluded between the owners and the service organization.

Fees may vary depending on the size of the property. or be an apartment, so the amount may vary for different owners in the same entrance or be the same.

Do I need to pay monthly?

Why do we pay for the intercom monthly?

If a monthly subscription fee for intercom maintenance is charged in utility bills, then you still have to pay to avoid penalties and fines.

At the same time, owners should find out Is this charge legal?.

If there is no handset

If the contract is concluded, then you will have to pay for the intercom even in those cases when there is no tube in the apartment.

The intercom is not only a means of remote access to the entrance from the apartment (handset), but also a complex electronic-mechanical device installed on the front door and used by residents and guests daily.

So if there is an appropriate agreement you have to pay for intercom even in cases where the tube in the apartment is missing or “cut off”.

What are the temperature standards in the apartment during the heating season according to SanPin? find on our website.

With a broken intercom

A completely different situation develops when, for technical reasons, for a long time, and funds for servicing the device are charged.

The need for payment depends on the content of the service contract, however owners have the right to demand 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 ask the question: “Do I have to pay for the intercom if I don’t live in the apartment?”.

How to refuse the intercom in the apartment?

If the owner wishes to abandon the intercom alone, he should definitely contact the service organization with notification of the refusal of the intercom device. In this case, the intercom handset in the apartment will be turned off.

The accrual of payments for the intercom depends on the will of the service organization and the terms of the contract. Some of the companies meet the needs of the owners and exclude the item on payment for services from their payments, others leave the item on payment and charge a penalty for unpaid services.

The recovery of funds from the owner of the apartment can take place only in court, there should not be any obstacles for the owner to access the entrance to the entrance from the organization.

How to write an application?

In order to refuse the intercom, the owner has the right to file a waiver. This document must contain the address, full name of the owner and a request to turn off the intercom on an individual basis. The application is sent by registered mail to the address of the service organization.

Applications for refusal to pay intercom.

Is it possible to save the intercom key after a refusal?

Service organization shall not interfere with free access the owner to the dwelling, in addition, the key is the owner of the tenant, already paid earlier.

So that the intercom key will remain with the owner of the apartment even after he refuses the intercom.

The requirement to return intercom keys to the service organization is illegal and may be ignored by the owner.

Summing up, I would like to note that main problem for homeowners the level of legal literacy remains low.

It is because of it that conflicts arise when tenants pay for services not provided or, conversely, refuse to follow absolutely legal requirements and pay the necessary charges.

In order to find out if the payment for the intercom is legal or illegal, you just need to find out if there is an agreement for its maintenance between the residents and the relevant organization.

About, how legal is intercom payment you can learn from the video:

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Access intercoms - devices with magnetic keys, electric locks and intercoms, push-buttons and controlling public order in residential and public buildings. This device is connected to or to power sources operating independently. The device helps to exercise control, in which the user can not only identify the guest by voice or video image, but also open the door without leaving the apartment.

Existing types of access intercoms

This is possible thanks to the advanced features of the intercom.

All components of the structure are mounted on the entrance door and in the apartments of residents. The calling panel, on which the buttons are located, is installed at the entrance. The intercom memory contains a digital code that activates the switch that transmits the signal. How does a digital door intercom work:

Multi-apartment intercom device

The audio intercom is simple and reliable, but, unfortunately, it starts to become obsolete very quickly. Sensor-based color panels come into fashion, as their cost is constantly falling, there are models that have the ability to record all incoming calls on a USB flash drive. The user has the opportunity, upon arrival home, to see who came in. A similar multi-apartment intercom is on almost every entrance in many cities.

Intercom connection diagram in an apartment building

Intercoms are divided according to the method of codification of the guests who came and the principle of addressing the number of subscribers to be served.

Brands of intercoms and the number of subscribers

Maloabonensky - installed at facilities and in. These devices can serve only one subscriber, for example, in cottages, at security posts, at the entrance to the house or. Multi-subscriber - designed for entrances of multi-storey and administrative buildings.

Not so long ago, these structures could serve only 6 people, but progress does not stand still, and at the moment you can buy intercoms of various configurations that can serve more than 1000 subscribers, while dozens of entrances to the entrance can be made available.

Various brands of intercoms

The installation of an access intercom should be carried out by specialists of the company that will subsequently serve it. Device types:

What is the indication of guests at intercoms

The intercom with a camera implements a view of the site from the side, in front, a stairwell. The peculiarity of the device is hidden shooting from inside the building. Particularly prestigious intercoms can carry out audio and video surveillance, they have a control panel with a perceiving and especially sensitive screen. Can record and save events and faces of visitors in the amount of 16 pcs.


Some manufacturers have gone further - by means of a speech screen, they began to use identification using a mobile or TV. This is done manually or automatically: the signal comes to the device and the intercom role is connected, and after the conversation is over, it switches to the standard mode. Wireless types of intercoms have such properties. The above aspects affect the price and popularity of blocks. Ordinary audio intercoms, unlike video intercoms or the most elite modifications, have a low selling price.

Device manufacturers

Metacom

Intercoms Metacom - innovative systems. By purchasing these devices, we can be sure of their flawless operation for a long time. The principle of operation and installation does not differ from other similar devices. Intercom Metacom is the simplest and consists of a tube and a panel. The operation of the intercom will be correct if it is correctly mounted.

It looks like a Metacom intercom

Installation of access doors with intercom Metakom is carried out by specialists of the company selling intercoms. The systems have a number of advantages:

• there are no mechanical switches on the panel, which helps to eliminate the problem with key blocking and oxidation of wired contacts;
• doors open with a key;
• you can open the entrance door using a special, programmed digital code;
• simple maintenance, installation and reprogramming.

For the correct operation of the Metakom intercom, you need to properly mount it, connect and configure it. It is better to entrust this work to a company that employs specialists in the installation and maintenance of access intercoms of this brand.

Vizit

Manufacturers have developed inexpensive and high-quality Vizit intercoms.

The outer panel of this device is produced in a housing that prevents hacking. At the same time, the intercom can work in very harsh weather conditions. Vizit intercoms have various nodes and are assembled at the request of the client, often the installation of entrance doors is associated with the installation of the Visit audio intercom. You can choose a control unit to the call block, which determines how many subscribers will be connected, video cameras - dome or body, locks, electromechanical locks. There are dozens of options for completing the installed equipment.

Cyfral

Installation of the intercom should be carried out strictly according to the instructions. Cyfral includes it with every kit it makes. You can install the intercom with your own hands by reading this manual, but if you have enough knowledge, then do not risk your safety and the integrity of the device, contact the installation company.

These digital intercoms are connected using a telephone cable to which the subscriber handsets will be connected in parallel.

When connecting Cyfral intercoms, you need to program it correctly.

Commax

Commax intercoms are produced by a Korean company, they are one of the leading manufacturers in the market for the sale of these products. The set of the video on-door speakerphone "Commax" includes:

Complete set of the Commax video intercom

• calling panel with a camera;
• monitor;
• electric lock.

Commax video intercoms differ in characteristics, since they are not the same for different models:

• can be monochrome or color;
• can be equipped with a handset or speakerphone;
• there are sets with motion sensors;
• there is a function of taking pictures or video recording, with saving data.

This video intercom can be connected to a conventional intercom using the interface unit - a module that helps to connect almost any video intercom. This interface unit will allow not only a video intercom, but also several cameras that are installed in the entrance and a panel installed directly on the subscriber's floor. An interfacing unit with an access intercom is connected, for devices with a coordinate or digital device.

Scheme of connecting intercom through the interface unit