With the entry into force of the current Housing Code of the Russian Federation, personal accounts in both municipal and privatized apartments have ceased to be divided. Nevertheless, if the apartment is privatized, it is possible to conclude an agreement between the owners on the payment of utilities or to establish the procedure for their payment by the court.
It is necessary
an agreement on the procedure for paying for utilities (in normal relations between the owners, an oral agreement is sufficient, but a written form is more reliable) or a lawsuit in court to establish the procedure for paying for utilities and documents that confirm the facts stated by you in the statement of claim
Instructions
Step 1
If there are normal relations between the owners, the easiest way is to agree on who should pay how much. It seems fair to divide the payment for services that do not depend on the number of prescribed services in proportion to the size of their shares in the ownership of the apartment. As for those depending on the number of registered ones, the costs associated with each should be borne by the owner who initiated their registration. Another order is also possible: it all depends on how the owners agree among themselves, there are no strict requirements of the law on this part.
Step 2
More reliable and convincing in case of disputable situations is a document drawn up on the basis of the owners' agreements. You can search for its samples on the Internet or contact legal advice for help in drawing up. If the owners themselves are competent enough and possess the basic canons of office work, they will be able to prepare an agreement on the procedure for paying for utilities without outside help. The law does not require the document to be certified by a notary or anywhere else. But for reliability, you can contact a notary office at will.
Step 3
If the owners of the shares for some reason cannot agree, any of them has the right to initiate an appeal to the court to determine the procedure for paying for utilities by all apartment owners. You will need to pay the state fee (the size and details can be specified in the court office). The list of documents attached to the application depends on what arguments the plaintiff uses in the application. Each argument, for the court to consider it convincing, must be supported by documentary or testimony.
