TRANSFER OF THE RESPONSIBILITY TO PAY CONTRIBUTIONS FOR CAPITAL REPAIRS OF APARTMENT BUILDINGS

Author(s): Suslova S.I.

Rubric: Relevant issues of private law

DOI: 10.21777/2587-9472-2024-1-26-31

Release: 2024-1 (41)

Pages: 26-31

Keywords: apartment building, major repairs, contributions, burden of maintenance

Annotation: The lack of legislative regulation of the issue of the legitimacy of imposing obligations to pay a contribution for major repairs not only on the owner of residential premises, but also on other persons to whom it is provided on the basis of property and obligations rights is indicated. Contradictory approaches of judicial practice to resolving these disputes are demonstrated. In some cases, courts consider it impossible to transfer such an obligation (for example, in relation to family members of the owner of a residential premises), in others they justify a positive answer to this question by reference to the nature of the emerging right (for example, in relation to holders of the right of operational manage- ment). In disputes related to the transfer of residential premises on the basis of a contract, the idea is formulated about the exclusive nature of the owner’s obligation to pay a contribution for major repairs and the impossibility of its transfer within the framework of contractual relations. It is concluded that in order to resolve the contradictions that have arisen, it is necessary to develop a unified position on the possibility of transferring to third parties the burden of maintaining not only residential premises, but also the common property of an apartment building.

Bibliography: Suslova S.I. TRANSFER OF THE RESPONSIBILITY TO PAY CONTRIBUTIONS FOR CAPITAL REPAIRS OF APARTMENT BUILDINGS // Journal of Legal Sciences. – 2024. – № 1 (41). – С. 26-31. doi: 10.21777/2587-9472-2024-1-26-31