The court ordered the house maintenance company to repair and replace mailboxes
[ad_1]
This is required by federal law
The Supreme Court of the Russian Federation ordered the management company to repair and replace mailboxes in apartment buildings. The higher authority indicated that they are part of the common property.
The case began with a claim by a certain citizen against a regional operator of major renovations of apartment buildings. The man asked the court to oblige the operator, who has been servicing his house since 2016, to carry out routine and major repairs, including replacing existing mailboxes with new, modern and functional ones.
This became a stumbling block. The court’s decision partially satisfied the claims. The man was denied repairs to the mailboxes: the court concluded that post office mailboxes are not part of the common property. This means that all manipulations with them, namely maintenance, maintenance, repair and replacement, are an additional service.
The appeal ruling left the court’s decision unchanged, and the cassation court agreed with the conclusions of its colleagues. And the Supreme Court found the rulings of the lower courts to be erroneous. The court pointed out that in accordance with the Rules for the maintenance of common property in an apartment building, approved by the Russian Government back in 2006, the common property includes not only mechanical, electrical, plumbing and other equipment, but also other objects. What kind of objects these are is stated in the annex to the order of the Ministry of Regional Development of 2007. Among other things, there are “mail cabinets” there. So even if the contract with the service organization does not indicate that it must monitor the boxes, it needs to be done. Therefore, court decisions not to impose the obligation to maintain and replace mailboxes on the overhaul operator have been cancelled.
[ad_2]
Source link
