The owner of the site does not always have to pay TSN: an example from life

The Supreme Court has explained who doesn't even have to worry about the fees. If there is a conflict with the Real Estate Partnership (TCH) over money, show the board this article. Here is a real example of a dispute resolution in court.

Problem

In Russian courts, the number of disputes between land owners and partnerships of real estate owners has increased over the procedure for calculating contributions. So, in one village near Moscow, where TSN operated, a woman bought two plots. For two years, she did not have time to build anything on them and practically did not use them, she did not enter TSN and did not pay contributions. TSN unsuccessfully tried to get this money from her, and then went to court with a request to collect money and accrued interest in two years.

Decision

Local courts supported the plaintiff, because at the general meeting of TSN members, it had long been decided to collect monthly contributions from the owners of "plots without infrastructure." The absence of an agreement and the fact that the owner of the land does not use it cannot be grounds for refusing to maintain the common property.

The woman still did not pay anything and went to the Supreme Court. There, a fat point was put on this controversial issue: if a person bought a land plot or a house in a village, he does not become is automatically a member of TSN and must pay contributions only if the partnership fulfills a number of conditions stipulated by law. Here is the conclusion made by the Supreme Court: the law does not link the fact of acquiring ownership rights to an individual residential building with the emergence of a share in ownership of common property.

Position of the Constitutional Court

The position of the Constitutional Court on this issue is known - common property in a city apartment building and property common use of individual houses is served in different ways, therefore, legal regimes for them cannot be the same.

And according to Article 136 of the Housing Code, TSN can be created by the owners of several houses that are nearby and they have a common border, within which there are engineering networks. TSN may acquire the rights to common objects only after their state registration. Such facilities include roads, utilities, common parking lots, transformer substations, etc. And if TSN wants to get the rights to these objects, it must submit documents for them to the registering authority.

The outcome of the dispute

The decisions of the local courts were canceled because the Supreme Court did not find a single circumstance at all that would connect TSN and the defendant. The dispute will be reconsidered.

Have you had any disputes with TSN on payments? Write in the comments!

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Read also: what will happen if you do not register a plot and a house - expert analysis at FORUMHOUSE; how not to run into a fine for a septic tank; the new law on unregistered real estate is already in the State Duma.

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