Problems in new buildings: learn to solve them

03.04.2011 10:00
Articles about real estate | Problems in new buildings: learn to solve them No, even the most imaginative not invent this, with what face in real life. In doing so, we constantly see, working on "stories" - the heading, where we take the cases occurred in reality and ask them to comment on market experts. Today - another issue stories, this time related to the problems of buildings.

Too full developer

The builder sold the apartment, and then stopped doing it. We, the buyers were in a very unpleasant situation - 53% remain unsold apartments. Ie it appears that we, the owners, in the minority in HOAs, we can not solve anything - not enough votes. Can not get contract for the maintenance of common property. Do not like us and fares - service comes to 28 rubles. per square. m per month. What can we do?

Related article: AUB will discuss with the Construction Chamber of Ukraine the situation in housing

The letter's author of this question does not specify, but we ourselves began to wonder: why is the developer stopped selling the apartment? As it turned out, this situation is by no means improbable - it occurs for different reasons. "The developer can apply a variety of marketing moves, deciding to hold the best apartments for the purpose of resale at a price of finished homes - said Valery Simonov, head of legal department of the company" NDV-Real Estate. - Also, there is a likelihood that he needed to extend the terms of permits or other documentation. Another option: the remaining proportion of flats had been bought out or preparing to buy a major investor. " In any case, if the sales stopped - this is the right builder. What he wants, then does with his property: the owner.

On the question of whether it is possible to buyers there is something about it, the views of our advisers are divided. Valeria Simon disagreed with the argument that buyers of apartments with their 47% votes in HOA in the minority. In her opinion, persons who purchase space in the house and organize the HOA, and together they form a 100% vote. But Sharapov Vasily, deputy head of legal department of the investment and development company "City-XXI Century", I'm sure the opposite. In his view, the owners have just 47% of the votes. "All depends on the provisions of the statute HOA - he says. - If the quorum of the General Assembly leaves 47% or less of the vote, then such owners shall have the right to convene a general meeting of the HOA and try to take at this meeting that they want solutions. If the developer is blocking such decisions and it did not reach agreement, it remains to reconcile with this fact, or sell an apartment. "

Naughty attic

Bought an apartment, loft on the top floor. Fairly quickly discovered that it takes a roof. Even in the winter - it will be when spring comes? We talked with the owners of other similar flats - they have the same problem. Also, after putting the house there were problems with the elevator. He's adjoined (ie located outside the house), and shows that the elevator shaft deviates from the walls of the house. So close, and before the fall ...

The issue in general comes down to a fairly frequent subject - the quality of construction.

As noted by Valeria Simonova (NDV-estate "), the developer is obliged to provide members share an apartment building, the quality of which conform to the contract, the technical regulations, design documentation, and town planning regulations, as well as other mandatory requirements. The warranty period for an apartment (with the exception of technological and engineering equipment, part of the building), set the contract, but can not be less than 5 years. Referred to the technological and engineering equipment - is also under contract but not less than three years. So to claim residents quite right. First, the developer, but if he refuses to fix a marriage - then to the court.

The truth, experts say, the developer may try to prove that the defect resulted from normal wear and tear (which is unlikely), or the fault of the residents themselves - for example, due to the fact that they have made repairs to the breach of the requirements of technical regulations, standards of town planning, etc. (Such a line of defense developer is more likely).

More authors of the letter are concerned that they have done in their apartments renovated and as a result of leaking roof, he would be tainted. Whether or not compensation for it - it depends on whose fault is found to be very leaky. If the builder - can be claimed and paid for missing finishing flat. And if the guilty recognize residents themselves - then, of course, no compensation ...

Permanent deferral

Our situation is, unfortunately, quite typical - in June 2008 bought an apartment in a newly built house in suburban Noginsk. The initial term of putting into operation - in December 2008, but then the builder started having problems. He has no money, bank loans do not give him. Completion date-tolerated by five (!) Times, and today he is assigned to the II quarter of 2011. But naturally we do not believe that will have time to build. The most curious thing that every time the postponement took place in accordance with the supplementary agreement between the developer and the Ministry of construction in Moscow region. We, the interest holders, no agreement has been signed.

The first question that just catches your eye: from what, in fact, fright ADDITIONAL AGREEMENT postponement sign of power, ignoring the customers? With this, as it turns out, is not so simple. As noted by Andrey Glebov, director of sales and marketing company "Domus finance", if sales were made in accordance with the Law "On Participation in the joint construction ..." (214-FZ), the consent of customers is essential. Otherwise, the developer must be at least fined. However, it is possible that execution was carried out and for some other scheme, in which case you should see what is written in those documents?

The second question - our age-old Russian "what to do." Formally, the answer is obvious: to sue the developer, demanding to return the money paid. But essentially letter-writer himself admits that "no money from the builder, so that the practical meaning of judicial decisions (even positive for the plaintiff) is very questionable. "The judicial way of resolving the issue, of course, possible, - said Andrei Glebov. - And how it makes sense, should be dealt with case by case basis. Litigation can take years, and when in the end with the developer will be charged in court money paid by the buyer, he can not for the money to buy a similar house. To blame not only the growth in property prices, but inflation. "

"Any court or cash requirements for the developer to complicate its financial situation - confirms Vasiliy Sharapov (" City-XXI Century "). - The greater the financial requirements for the developer, the harder it will complete the construction. It is important to determine what needed to co-investor of the developer in the long run: Monetary compensation or built apartment. "

Suspicious contract

We want to buy a new building. The house was built in 2008, has long inhabited. Embarrassed that the developer proposes to sign a contract assignment that does not have state registration.

Unfortunately, the answer to this question without seeing specific documents, it is impossible. Under the "house inhabited by" people usually understand the situation, where people already live. Nevertheless, legally registering ownership rights to the apartments they already have. Why is this happening - a topic for another discussion, but the situation where the rights of property buyers of new flats are making for years, is not at all uncommon. So this house - on the status of quite a new building, though completed (physically) in 2008.

Now the state registration. Her need for outstanding new buildings was introduced already mentioned 214-FZ. He went into effect April 1, 2005. However, for facilities, construction of which began before that date, registration is optional. Moreover, after the entry into force of this law many companies have used workarounds sales scheme to avoid state registration of sales.

In short, the situation described in the letter, in principle, possible. But is it worth buying the apartment - tell only an experienced lawyer, and only after careful analysis of all documents.

Give the documents?

Bought a flat in a new bill for the scheme. Lived there since 2006, but the design of flats in the property has not yet been conducted. Now a group of activists are preparing a collective request to the court, and lawyers say they need the original sales contracts and promissory notes. Do I need to give such an important document to someone?

Experts do not recommend to do so. Of course, you can create a severe bill, which will be told that in case of loss of documents will be restored at the expense of those same lawyers - but what is the guarantee that it will all be done? To demand anything from anyone in our situation can only by well-known characters with a soldering iron (or the guys from the office of deep drilling), while an ordinary man, Myka on the courts with demands to restore the violated rights of the people got an apt nickname "terpily. Similarly, capacitance, and requires no comment.

So that lawyers provide a notarized copy. And when will the actual trial - come at it yourself and bring your documents.

Stone on the path of progress
Cracked (we think so), chairman of the HOA does not connect the house to the Internet. Just will not let representatives provider. His arguments (radiation, from which all will die quickly), we seem ridiculous, but at home a lot of elderly people who listen to him. At the moment, for the Internet was about 25 flats of 60, ie, minority.

Despite the outward comical situations do hardly anything is possible. The Chairman is elected by the majority. And if that majority believes that by "enterneta" is radiation (correct or not is a point of view - a separate issue) do about it nothing is impossible. Democracy. Vox populi vox dei.

So it remains to advocate around grandparents, explaining to them use the Internet. For example, many schools today, hung out electronic diaries of their pupils on websites - it is possible, therefore, control the grandson-Losers are not afraid that he will pull a page from their normal paper diary.

In the meantime, you can use the mobile Internet. Benefit offerings on the market is enough.

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