Can I be fined for unauthorized repairs in the yard?

The Housing Code obliges apartment owners to maintain the local area in good condition. If the site is part of the common property, the owners improve it at the expense of funds transferred to the Criminal Code or the HOA for the maintenance and repair of the common property.

If the house is on municipal land or the site belongs to another person, for example, an educational institution , hospital, the managing organization or the HOA are not responsible for its maintenance. Regarding the improvement, the owners of premises in the MKD should contact the owner of the territory.

Will the benches in the yard be fined for painting? 

The bench belongs to the common property. The decision to repair, paint, relocate, etc. adopted by the owners of residential premises in the house at a general meeting. It must be carried out in accordance with the requirements of Art. 44-48 of the Housing Code of the Russian Federation. For a decision to be considered adopted, at least 2/3 of the votes of the total number of votes of the owners of premises in an apartment building must vote for it. 

With the consent of the tenants, the bench can be painted independently, there are no penalties for this. The management company is obliged to provide paint for painting fences, benches in the courtyard of an apartment building, as well as entrance iron doors to the entrance.

Will there be a fine for unauthorized road repairs? 

Russian legislation does not provide for liability for unauthorized road repairs. However, a citizen who has neither special education nor skills and permits for road repairs can be held liable under Art. 12.33 of the Code of Administrative Offenses of the Russian Federation “Damage of roads”. According to this article, an administrative fine is provided for damage to roads, railway crossings or other road structures: 

  • for citizens — in the amount of 5 thousand rubles to 10 thousand rubles;
  • for officials — 25 thousand rubles;
  • for legal entities — up to 300 thousand rubles

How to repair the road?

If the section of the road where the defect is found belongs to the city, you should contact the administration or the traffic police. The application can be taken in person or sent through the electronic reception of the traffic police. A response must be provided within 30 business days. 

If the road belongs to the local area, residents can repair it at their own expense. At the same time, all repair work must comply with current state standards (the so-called GOSTs and SNiPs). According to the clarifications of Rospotrebnadzor, the procedure for repairing the road by residents should include the following steps:

  • calling an independent expert. The specialist must assess the current condition of the pavement and name the estimated cost of repairs;
  • fundraising. Rospotrebnadzor recommends creating a commission of at least three people to register contributions. In the process, it is necessary to collect all contracts and receipts for payment for work performed and services rendered;
  • attracting a contractor. The organization should be directly involved in the repair of road surfaces;
  • obtaining an independent opinion on the acceptance of works. To do this, you will also need to contact an expert who can control the quality of the repair performed. In conclusion, it should be indicated that the characteristics of the repaired road comply with the requirements of the current regulatory legal acts.

What kind of work on the maintenance of the local area does the management company? 

The owners of an apartment building conclude an agreement with a managing organization (HOA, a management company), which provides all services for the maintenance and improvement of the local area.

The list of works for the maintenance and improvement of the local area includes work on:

  • cleaning of common areas, including disinfection of premises;
  • cleaning of underground parking lots;
  • equipment of utility sites for the installation of containers (collectors) of garbage, bins for food waste ;
  • removal of garbage, snow, removal of melt and rainwater, ensuring conditions for the safe movement of pedestrians and vehicles in winter, dropping snow from roofs and removing icicles; ;
  • cleaning the mowed grass;
  • planting flowers, caring for them in the summer;
  • repair and manufacture of amenities: the manufacture of children's slides and sandboxes, installation and repair of summer playgrounds, cleaning and painting of gates, gratings, benches;
  • garbage collection (daily & nbsp; or other frequency, by agreement) from the local area;
  • snow removal and sanding of entrances to the entrance and footpaths.

What penalty threatens for improper maintenance of the local area?

Control over the proper condition of the land plot adjacent to the apartment building is carried out by the State Housing Inspectorate of the city (district). For improper maintenance of the local area, administrative liability is provided (Article 7.22 of the Code of Administrative Offenses).

In case of failure to fully fulfill their obligations, those responsible for maintaining the local area face a fine: 

  • for officials — in the amount of 5 thousand rubles;
  • for legal entities — in the amount of 50 thousand rubles.


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