The question at hand inquires about who is tasked with updating the aging batteries found within the residential unit.
In a recent case in a multi-story building located in a Russian region, a resident faced an unexpected challenge when their radiators started leaking during the harsh winter months. The managing company, however, seemed unwilling to take action, leading the resident to seek legal advice.
According to Russian housing laws, if radiators serve the entire multi-apartment building or form part of the shared heating infrastructure, they are considered common property. This means that the managing company, often called the management company or ЖКХ (housing and communal services), is legally responsible for their maintenance and replacement.
Irina Sivakova, a lawyer consulted in the case, clarified that the radiators in question were indeed part of the common property due to their connection to the shared heating system, which includes risers, heating elements, regulating, and shut-off valves. An inspection by the Housing Inspectorate revealed signs of corrosion and leaks on the radiators in two rooms, and the managing company's employees' attempts to address the issue by installing clamps proved ineffective, with the problem persisting for six months.
The Housing Inspectorate has now issued a directive ordering the managing company to eliminate the violations related to the radiators. They have also reminded that the replacement of old radiators in apartments is the responsibility of the managing company, especially if they lack shut-off valves, which was the case in this instance.
This case serves as an example of the importance of understanding the responsibilities of managing companies regarding common household property. The managing company's inaction in addressing the leaking radiators may have been due to a lack of awareness of their legal obligations. Now, the owner can expect new radiators at the expense of the managing company.
The replacement costs for common property items like radiators are typically covered by the building’s maintenance fund, which is collected from all apartment owners in the property. This framework ensures that the managing company acts within the law to maintain heating service quality for all residents.
In cases where radiators are part of an individual apartment's private property (e.g., installed only inside the apartment and not forming part of the shared heating system), the resident or apartment owner assumes responsibility and costs for replacement.
In conclusion, if radiators are part of a building’s common property, the managing company in Russia is legally responsible for their replacement, funded through collective maintenance payments from apartment owners. Understanding these responsibilities is crucial for residents to ensure they receive timely and effective maintenance services.
- Given the leaking radiators were part of the shared heating system in the multi-story building, the managing company is legally obligated to replace them, as they are considered common property and fall under the housing and communal services.
- As the replacement costs for common property items like radiators are usually covered by the building’s maintenance fund, the managing company in a Russian context must act within the law to maintain heating service quality for all residents, and residents should understand these responsibilities to ensure timely and effective maintenance services.
