SAVINGS OF THE MANAGING ORGANIZATION WHEN CARRYING OUT ACTIVITIES ON THE MANAGEMENT OF APARTMENT BUILDINGS

Author(s): Suslova S.I.

Rubric: Relevant issues of private law

DOI: 10.21777/2587-9472-2024-4-38-44

Release: 2024-4 (44)

Pages: 38-44

Keywords: managing company, savings, contractor savings, apartment building, management agreement, abuse of rights, work and services

Annotation: Two approaches that have been formed in judicial practice on the issue of the right of the managing company to save when implementing activities on the management of apartment buildings are distin- guished. Their polarity is noted: the first is based on the need to apply the norms of civil legislation and the understanding of the contractor’s savings developed by judicial practice, the second – on the special nature of management relations, which requires the forming of a special approach to resolving disputes on the savings of managing organizations. Arguments are given against the mechanical use of the rules on the contractor’s savings to the savings of managing organizations. Negative trends as- sociated with the possible abuse of rights by managing companies in resolving disputes based on the second approach are demonstrated. The conclusion is made about the need to find a balance between the existing polar points of view, which, on the one hand, would not lead to possible abuses on the part of managing companies, and, on the other hand, would not deprive managing companies of the opportunity to justify the existence of savings. In the text of the article, the Russian Federation is abbreviated as RF.

Bibliography: Suslova S.I. SAVINGS OF THE MANAGING ORGANIZATION WHEN CARRYING OUT ACTIVITIES ON THE MANAGEMENT OF APARTMENT BUILDINGS // Journal of Legal Sciences. – 2024. – № 4 (44). – С. 38-44. doi: 10.21777/2587-9472-2024-4-38-44