Selection and connection of access intercom. Intercom installation: pros and cons The management company independently changed the intercom

As you know, each apartment building has common property (elevators, stairs, entrances, etc.). And all this property, according to the law, is the property of the residents of this house with the right of possession and disposal. Therefore, if the majority of residents of an apartment building decide to install a security system (for example, an intercom), then in most cases it will be installed. But in any situation there are opponents of the general idea. Do they have to pay for what they think is unnecessary intercom installation? And in general, who should pay for the installation of security systems in the house? We will answer these and other questions in today's material.

Who makes the installation decision?

According to article 36 of the Housing Code of the Russian Federation, entrances and entrance doors belong to the common property of an apartment building. Installation of intercoms (and installation is carried out on access doors) refers to the overhaul of an apartment building in accordance with Appendix No. 3 to the Rules and Regulations for the technical operation of the housing stock. Consequently, the decision to install an intercom is made by all tenants at a general meeting of owners. If 2/3 of those present voted "for", then according to the Housing Code of the Russian Federation (Article 46), an intercom must be installed. This decision is binding on all owners of an apartment building, regardless of their presence and consent at the general meeting.

If all premises in an apartment building belong to one owner, the decision on overhaul houses (in particular, the installation of an intercom) are accepted individually and are drawn up in writing in accordance with the Housing Code of the Russian Federation (Article 46, clause 7).

Who pays for the installation and maintenance of the intercom? What is included in the price?

After making a decision to install an intercom in an apartment building, the cost of installation and maintenance services is agreed security system. None of the tenants has the right to refuse to pay for the installation of security systems in the house! We remind you that the door with intercom - common property all residents of the entrance, so everyone is required to participate in the acquisition (pay for the installation service). These are the laws. However, in practice, residents who agree to install are more likely to pay for opponents of intercoms in the entrance. The cost of all work and the security system is divided by the number of apartments in the entrance.

From the moment the new door is installed, all home owners will have to pay for the maintenance and service of the intercom. Service rates, by the way, are discussed at the same meeting, approved by homeowners and fixed in a service contract (concluded between the office and the management company). A subscription fee is set, which provides for the subsequent repair of general access equipment installed under the contract, and preventive inspection of this equipment.

Reference. Offices that are engaged in the installation of intercoms are required to conclude an agreement for installation, maintenance and any other type of agreement with the management company or HOA. According to the law, such an agreement is valid only if there is a protocol of the general meeting of tenants. The contract and acts of work can be drawn up with each owner separately.An agreement concluded according to a different principle has no legal force.

After installing the intercom on the door, all residents receive at least one key and a mandatory instruction on how to use the security device.

Can I refuse to install an intercom and not pay?

The owner of the apartment has the right to refuse to install an intercom and use it. In this case, the intercom (tube) will not be installed in the apartment of the dissenting tenant. However, by law, the owner must be provided with one free key to the front door! According to the Housing Code of the Russian Federation (Article 36, part 2), “the owners of premises in an apartment building own, use and, within the limits established by this Code and civil law, dispose of common property in an apartment building.”

Refusal to use the intercom and the subscription fee must be made in writing. Otherwise, for non-payment of services and debts, you will have to answer in court.

Intercom fee: reflection in the payment document (Emelyanova E.V.)

Article placement date: 06/10/2015

In the article brought to your attention, we will consider a question that is relevant for the Criminal Code: is the company entitled to charge tenants a fee for the installation and maintenance of intercoms and indicate it in the receipt as a separate line, or should these costs be included in the cost of maintaining and repairing common property?

To answer the question, you should know whether the intercom is part of the common property in a particular MKD, and also how the amount of the fee for the maintenance of common property in this house was established.

Intercom - common property

In terms of its functional characteristics, the intercom meets the signs of the common property of the owners of premises in the MKD, since it is intended to serve more than one room in the house (clause 3, part 1, article 36 of the Housing Code of the Russian Federation, clauses "e" clause 2 Rules for the maintenance of common property). So Maintenance intercom refers to services for the maintenance of common property, is the responsibility of the Criminal Code under the management agreement. The cost of such a service should be taken into account when approving the amount of payment for the maintenance of common property at a general meeting of owners of premises.
In Letter No. 30665-IB/14 dated August 23, 2010, the Ministry of Regional Development of Russia did not agree that the Criminal Code presented to the owners of the premises for payment such an additional service as intercom service. Officials believe that "maintenance of the intercom as a technical component of an automatically locking device front door is included in the list and cost of work on the maintenance of common property and is the responsibility of the managing organization. "Therefore, a single payment is established for the owners of the premises.
Nevertheless, the indication of the components of the payment for the maintenance and repair of common property in the MKD in separate lines in the payment document does not violate the rights of consumers, since it does not in itself indicate a double payment for the same service (installation and maintenance of intercoms). The current legislation does not contain a prohibition to allocate a separate line of a fee for servicing one or more items of common property in an MKD. This conclusion is confirmed judicial practice(Determination of the Moscow City Court of December 10, 2014 N 4g / 3-12228 / 14, Appeal rulings of the Volgograd Regional Court of April 3, 2014 in case N 33-3610 / 2014, Voronezh Regional Court of June 10, 2014 N 33-3090 / 2014) . The main thing is that the fee is charged and presented in the payment document in the amount established by law. For example, the decision of the general meeting of owners of premises may expressly provide that the intercom service fee is charged separately from the fee for the maintenance of common property (Appeal ruling of the Moscow Regional Court dated March 14, 2013 in case N 33-6143, FAS PO Resolution dated July 8, 2013 in case N A72-4051/2012).
If an intercom is installed in the house, it is part of the common property, but when approving the amount of the fee for the maintenance of the common property, the costs for its maintenance were not provided for, the issue of the possibility of issuing the management company to the owners of the premises to pay the costs of maintaining the intercom is debatable.
On the one hand, with regard to intercom maintenance services, general rules, formulated in the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of September 29, 2010 N 6464/10: "determination in the contract of the proper amount of payment for the foreseeable under normal conditions, normally necessary maintenance and Maintenance a residential building, taking into account its natural wear and tear, is an entrepreneurial risk of the managing organization. "Consequently, if at the time of the conclusion of the management agreement or the next agreement on the amount of the fee for the maintenance of the common property, the intercom was available and belonged to the common property, but the Criminal Code ignored the issue of the source of financing the costs for its maintenance, she is not entitled to charge a fee for servicing the intercom in addition to the established amount of the fee for the maintenance of common property... Thus, in the Appeal ruling dated 13.01.2015 in case N 33-118, the Saratov Regional Court excluded from the calculation of the amount of debt collected from the owner of the premises The justification is as follows: the Criminal Code did not provide evidence that the owners of the premises decided not to include the cost of maintaining the intercom in the cost of maintaining the housing.
On the other hand, there is an example from judicial practice when the court agreed with the Criminal Code: the owners of the premises are obliged to pay for the maintenance of the elevator and the removal of solid household waste (MSW), even if the amount of the fee for the maintenance of common property was approved at the general meeting without taking into account these services (Appeal ruling of the Supreme Court of the Komi Republic dated 04/07/2014 in case N 33-1547/2014). Thus, according to the minutes of the general meeting, the amount of payment for the maintenance and repair of common property was approved by the owners of the premises without taking into account the cost of servicing elevators and works for the removal of solid waste. In the list of works and services for the maintenance of common property in the MKD, works (services) for the removal of solid waste, the maintenance of elevators are not indicated. Nevertheless, all these works were carried out, which is confirmed by the contracts with contractors presented in the case materials, acts of work performed for the relevant period of time. Therefore, the court came to the conclusion that the non-inclusion of works in the list approved at the general meeting does not exempt the owners of the premises from paying for services already rendered. If the intercom is part of the common property, this conclusion can be applied to the fee for its maintenance.

The intercom is not a common property

Installation of an intercom in the absence of a decision of the general meeting of owners of premises in an MKD is illegal. Accordingly, if the presence of an intercom is not provided for by the design characteristics of the house and subsequently, after the house was put into operation, a specialized company (or UK) arbitrarily (on the basis of contracts concluded with individual residents of specific entrances) installed intercoms, the UK is not entitled to charge the owners of the premises a fee for installation and intercom maintenance is neither a separate line in the payment document, nor as part of the fee for the maintenance of common property. Until the decision of the general meeting on the inclusion of the intercom in the common property, the maintenance of the intercom is an additional service that the owners of the premises are not required to pay for (see the Appeal ruling of the Moscow Regional Court dated March 21, 2013 in case N 33-3999 / 2013). Similar explanations are provided in the Letter of the Ministry of Regional Development of Russia dated April 27, 2011 N 8055-14 / IB-OG: "if the intercom is not provided for by the project of an apartment building, but installed later, then in order to collect a fee for its maintenance as common property, firstly, it must be officially included in the common property of an apartment building, secondly, the managing organization must conclude an agreement for the maintenance of this property with a specialized organization or carry out this species work independently."
It should be added here that between the management company and a specialized company servicing an intercom that is not part of the common property, on the basis of individual agreements with the owners of premises in an MKD, an agreement can be concluded on accepting payments in favor of such a specialized company. In this case, the Criminal Code has every legal reason to set a fee for the installation and maintenance of the intercom in a separate line in the payment document.

If the intercom is related to the common property of the owners of the premises in the MKD (it was installed by the developer according to the project or mounted after the house was put into operation and included in the common property by the decision of the general meeting), the payment for its maintenance is an element of the payment for the maintenance and repair of the common property. At the same time, it does not matter whether it is presented in the payment document separately or in the amount of the total maintenance fee, the main thing is that there is no double payment. If the intercom is not included in the common property, the management company can collect payments for its maintenance only in favor of a specialized company on the basis of a payment acceptance agreement.

Clarifications on the installation and maintenance of intercoms - Consumer Protection

Breadcrumbs

Clarifications on the installation and maintenance of intercoms

Citizens very often turn to the Office of Rospotrebnadzor for the Altai Territory regarding the installation and maintenance of intercoms.

As an explanation, we cite a letter from the Ministry of Construction and Housing and Communal Services Russian Federation.

“According to Part 2 of Article 162 of the Housing Code of the Russian Federation (hereinafter referred to as the HC RF), under an apartment building management agreement, one party (managing organization) on the instructions of the other party (owners of premises in an apartment building) undertakes to provide services and perform services for a fee within an agreed period of time. work on the proper maintenance and repair of common property in such a house.

In accordance with Part 3 of Article 162 of the Housing Code of the Russian Federation, the management agreement for multi-apartment residential buildings must provide for the composition of the common property of the apartment building, in respect of which management will be carried out, a list of services and works for the maintenance and repair of common property in an apartment building and the procedure for changing such a list.

According to Part 3 of Article 39 of the Housing Code of the Russian Federation, the rules for maintaining common property in an apartment building are established by the Government of the Russian Federation.

Decree of the Government of the Russian Federation of August 13, 2006 N 491 approved the Rules for the maintenance of common property in an apartment building (hereinafter referred to as the Rules), according to clause 2 of which, in the composition of common property owned by the right of common shared ownership to owners of premises in an apartment building, in particular, included: inter-apartment landings; stairs; corridors; technical basements in which there are engineering communications, other equipment serving more than one residential and (or) non-residential premises in an apartment building.

The intercom, as equipment located in an apartment building and serving more than one room, meets the signs of common property in an apartment building, and therefore belongs to the owners of the premises in an apartment building.

According to paragraph 1 of the Rules, the composition of the common property is determined in order to fulfill the obligation to maintain the common property by the owners of premises in an apartment building.

Thus, if the maintenance of locking devices (intercom) is provided for by the apartment building management agreement, then payment for this type of work is made from the fee for the maintenance and repair of the dwelling, which is established in the manner provided for in Article 157 of the Housing Code of the Russian Federation.

If the contract for the management of an apartment building does not provide for the maintenance of a locking device (intercom) as part of the maintenance and repair of common property, then in order to charge such a fee, a decision of the general meeting of owners of premises in an apartment building and the conclusion of an appropriate agreement with the managing organization or with intercom service provider.

Such a decision of the general meeting of owners of premises in an apartment building, depending on the structure of the relationship, is taken in the manner prescribed by Articles 44 - 48 of the LC RF or in the manner prescribed by Chapter 9.1 of the Civil Code of the Russian Federation, in the case when the LC RF does not provide for the possibility of making such decisions.

In this case, the tariff for intercom service, including the procedure for changing it, as well as the procedure for paying a fee for such service, is established in an agreement between the organization carrying out the relevant type of activity and the owners of premises in an apartment building or, on their behalf, with the managing organization.

22.rospotrebnadzor.ru

How to install an intercom in an apartment building correctly and who is responsible for maintenance

Free access to the entrance of an apartment building disrupts the peaceful living of apartment owners in it. In the cold season, such entrances often become a haven for noisy groups of teenagers or a place to sleep for people without a fixed place of residence. The war of tenants with uninvited guests can sometimes end in tragedy.

In order to ensure the safety of living in an apartment building, intercoms are installed. Legal issues of holding this event cause disputes and contradictions between the owners of apartments. Let's figure out how to install an intercom in an apartment building in accordance with the law.

If not everyone needs an intercom

Intercom installation begins with a general meeting of the residents of the entire house. The decision on the need to install the device is made if there is a positive response from more than half of the total number of owners.

Among the inhabitants there are always those who are against the installation. Often these are pensioners who feel sorry for the money. There are also residents who believe that restricting access to the entrance violates their rights. They are not going to install a pipe at home, and it is not very convenient for them to run downstairs to let their guests in.

Despite the refusal to install an intercom by some owners (if there are less than 50%), the decision will be considered positive.

Who will install

After deciding on the installation, the tenants have the following question: “At whose expense is the intercom installed?” The answer to this question can be found based on the way the house is managed.

Directly by apartment owners. In this case, all owners independently find an organization that installs intercoms. They conclude an agreement with her and pay all the costs of installing the device and additional amounts associated with installing intercom handsets in the apartment and buying keys. If the door in the entrance is old, a new entrance metal door is also required.

The house is managed by the HOA or the management company. It is these organizations, respectively, that take responsibility for installing the intercom. But as practice shows, companies can pay only part of the amount. The rest of the money comes from the residents' pockets. Residents pay extra for the purchase of a complete set of keys and the installation of a handset.

We draw your attention to the fact that after installing the intercom, all residents of the house must be given a code by which you can open the door if you have forgotten or lost the key.

In order to save money, you can install the intercom handset yourself. It does not require specialized education or special equipment. The main thing is to follow the instructions correctly. To mount the handset, a telephone cable is laid to the apartment. The wires are connected to the tube according to the diagram. Attaching the tube to the wall with your own hands is not so difficult - just screw in a couple of self-tapping screws and hang the tube on them.

Which intercom to choose

There are many companies on the Russian market that manufacture devices for intercoms. High production technologies allow to produce improved models every year. What will be the intercom in the house - it's up to the owners to decide.

When choosing an intercom, you should pay attention to the switching system. According to this parameter, coordinate and digital intercoms are distinguished. Their difference lies in the wire, thanks to which there is a connection to the apartments.

When installing a digital intercom, one line is laid to connect the switch to all apartments. The coordinate system is designed in such a way that a separate wire will be laid to each apartment, connecting it to the switch.

Today, digital intercoms are considered more reliable in operation. But their price exceeds the price of coordinate three times.

Another of the characteristics that you should pay attention to is the type of connection. There are audio and video intercoms. Their difference is in the presence of a display on which you can see who is calling. Video intercom provides high security, thanks to him, no one from outsiders can get inside the entrance. But the cost of such devices is high. For the most part, apartment owners prefer audio intercoms.

Who pays for intercom service

From the moment of installation, the intercom acquires the status of common house property and belongs to all apartment owners in the house. According to the current legislation, the tenants themselves pay for the maintenance and service of the property. After the appearance of the intercom at the entrance, a new receipt will appear in your mailbox.

The obligation to pay amounts for the maintenance of this device is assigned to those owners who did not install tubes in their apartments.

Previously, people did not think that someone could enter their entrance and cause damage to the property that is in it. In Soviet times, there were wooden entrance doors at all, and flowers in pots bloomed on the landings.

Perhaps the dashing 90s, when the morality of the people wished for the best, became the reason for the vandalism of the entrances. It was then that they began to invent and install various means of protection against ill-wishers. At first it was combination locks installed by housing and communal services, after they were replaced by intercoms. Let's see what else will be invented to protect common house property.

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  • Intercom and legislation

    Legislation and intercom - nuances

    In these troubled times, security issues come to the fore. It is difficult to find a multi-storey building that does not have massive metal doors and no intercom. Residents are installing video intercoms in their apartments to improve security.

    But residents of secondary real estate, who own apartments in houses built during the Soviet Union, have to solve the security issue on their own. One of the popular solutions today is the installation of durable access doors and an intercom.

    In order to further increase the level of security, you can subsequently install a video intercom in the apartment and connect it to the access intercom. In this case, you will have the opportunity to communicate by voice with the visitor who is downstairs and see him when he comes to your apartment.

    Installing such a device is a seemingly simple question and it is not difficult to solve it. You need to find a company that will installation work, collect money and all. But in fact, the installation of an intercom is not limited to this. Often, the legislative barrier turns out to be a serious obstacle on the way to the realization of the goals.

    Of course, the access intercom has a lot of advantages. It provides access control and prevents unwanted persons from entering the entrance. Accordingly, the level of security is increased.

    But not everyone understands this. Some residents may not agree with the installation of such a system. What to do in this case? Is there any way to get around their solution? What does Russian legislation say about this?

    The main problems that may arise when installing an intercom

    The first thing to remember is the rights of citizens to free access to their housing. They are written in many normative documents. Accordingly, without the consent of the majority, you will not be able to install an intercom. And even if you do this without receiving approval from at least 50% of the residents of the entrance, you will be forced to dismantle the device.

    Therefore, first of all, it is necessary to organize a meeting of apartment owners and enlist the support of the majority. If at least 50% of the residents vote "yes", you can start looking for a company and agree on the installation.

    It would seem that solving this issue is very simple, because all residents will only welcome such a decision that will increase the level of security at the entrance. However, do not forget that the installation of an intercom is an expense.

    First, you will have to collect the required amount for installation and purchase of the device. Secondly, in the process of operation, it is necessary to pay a subscription fee. And here problems can begin, especially if there are a lot of elderly people in the house.

    The issue is much easier to resolve in houses where some of the apartments are owned by the state. In this case, you do not need to obtain permission from the municipality. True, installation can cost more, since you cannot take money from these apartments for installation.

    Is it possible to somehow resolve the issue with those who remained in the minority? The only option is to give them the keys. Moreover, the rest of the residents who agree with the installation of an intercom will have to make them at their own expense. After all, in the event of a complaint, the intercom can be dismantled by order.

    Each property owner has the right of free access to his apartment. Accordingly, if it is violated, even one voice can prevent the operation of the intercom system.

    It turns out that if someone does not agree to the installation, albeit in the minority, he may not financially participate either in the installation of the device or in its purchase. But at the same time, the rest of the tenants will have to pay for the purchase of keys for those who refused.

    This is the only way to peacefully resolve such a conflict. Any pressure on neighbors with the threat of not providing them with access to the entrance is illegal. In such a case, they can block any majority decision.

    And another very important point. It is important to carefully read all the contracts that you sign with companies providing such services. Also, it is advisable to familiarize yourself with the tariffs for subscription services.

    You can unilaterally refuse services of this kind if you consider that they cost you dearly. To do this, you just need to notify the other side of the contract and that's it. There is no need to write any additional statements.

    Intercom equipment breaks down not so often. In some cases, it is cheaper to pay for a one-time repair or even replacement than to constantly deposit money into the company's account. Finally, you can always conclude an agreement with someone who offers Better conditions service.

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    Question - Answer → Housing → Installed an intercom and do not give a key

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    1 Topic by Band33 2015-11-24 19:05:15

  • Band33
  • Subject: Installed intercom and won't give key

    I have an apartment at 19zh Tsentralnaya St. Our house is managed by New City Management Company. According to oral information from the employees of the Criminal Code, a meeting of residents decided to install an intercom. Also, according to the employees of the Criminal Code, it was necessary to pay for the installation of an intercom in the amount of 400 rubles. This amount was paid by me. The management company refused to provide an agreement with the intercom installer. Having discovered that the intercom in my entrance was turned on (I don’t have access), I turned to the Criminal Code in order to get the key to the intercom. At my request to issue the key, the employees of the Criminal Code demanded 100 rubles from me to pay for the key. My arguments that my rights have been violated because I don't have access to my property had no effect. All altercations led only to rudeness and insults from the staff of the Criminal Code. Actually a question: what to do in this situation?

    2 Reply from Vladimir_T 2015-11-24 20:30:46 (2015-11-24 23:16:10 edited by Vladimir_T)

    • Vladimir_T
    • Participant
    • Inactive
    • Re: Installed intercom and won't give key

      All registered in this apartment should be given the keys to the intercom FREE OF CHARGE.

      One of the solutions for this.

      SUPREME COURT OF THE RUSSIAN FEDERATION

      Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation composed of:

      presiding Manohina G.V.,
      judges Solovyov V.N.,
      Eremenko T.I.

      considered in the court session of March 21, 2002 the protest of the Deputy Chairman of the Supreme Court of the Russian Federation against the decision of the Presidium of the Ivanovo Regional Court of September 28, 2001, which canceled the decision of the Oktyabrsky District Court of the city of Ivanovo of May 24, 2001, issued in the case on the claim of K., B.L.B., B.V.V. to NPP Zashchita and private entrepreneur B.A.G. on the elimination of obstacles in the exercise of ownership of residential premises.
      After listening to the report on the case of Judge of the Supreme Court of the Russian Federation Soloviev V.N., the conclusion of the Prosecutor General of the Prosecutor's Office of the Russian Federation Germasheva M.M.

      K., B.L.B., B.V.V., filed a lawsuit against NPP Zashchita and private entrepreneur B.A.G. on the elimination of obstacles in the exercise of ownership of residential premises.
      The stated requirement is motivated by the fact that sq. 25 in the house 1-a on the street. The militants in the city of Ivanovo belong to them on the basis of common ownership, but since after the intercom was installed, they were given only two keys to the entrance of the house, which created obstacles for all of them, as well as other family members (only five people) in the free use of their property. Because of this, they asked to oblige the defendants to give them two additional keys.
      By the decision of the Oktyabrsky District Court of the city of Ivanovo dated May 24, 2001, the specified requirement was satisfied.
      The court ordered the private entrepreneur B.A.G. give the plaintiffs two keys to the front door to the entrance of the house for an additional fee on their part.
      The decision of the court was not challenged on cassation.
      By the decision of the Presidium of the Ivanovo Regional Court dated September 28, 2001, the decision of the court of first instance was canceled, and the case was sent for a new trial.
      The protest of the Deputy Chairman of the Supreme Court of the Russian Federation raises the question of the cancellation of the said decision of the presidium of the regional court as issued as a result of the incorrect application of substantive law.
      Having checked the case materials, having studied the arguments of the protest, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation finds it subject to satisfaction on the following grounds.
      Satisfying the protest of the regional prosecutor, the presidium pointed out that the court had no grounds for imposing on B.A.G. obligation to provide the plaintiffs with additional keys, since he was not in a contractual relationship with the latter.
      It is impossible to agree with this argument of the court, since it is based on an erroneous understanding of the rules of law applicable to the disputed legal relationship.
      By virtue of h. 2 Article. 307 of the Civil Code of the Russian Federation, obligations arise from the contract, as a result of causing harm and from other grounds specified in this Code.
      According to Art. 304 of the Civil Code of the Russian Federation, the owner may demand the elimination of any violations of his right, even if these violations were not connected with deprivation of possession.
      At the court session, it was indisputably established that the equipment of the entrance door to the entrance of the house where the plaintiffs live with a locking device (intercom) and the issuance of only two keys to them at the discretion of strangers for them actually created an obstacle in access to the apartment owned by them.
      The court took into account the defendant's explanation that these keys are secret and are made in Moscow.
      Plaintiffs obtaining an additional set of keys would eliminate this violation.
      Since the defendant refused to voluntarily satisfy the plaintiffs' request to do so, they were forced to apply to the court for judicial protection his right.
      In this case, it does not matter that they were not in a contractual relationship with the defendant and refused to install an intercom in their apartment.
      Carrying out work on the installation of intercoms and equipping the front door with a locking device, defendant B.A.G. should not create obstacles for the plaintiffs to use their housing.
      Under such circumstances, the decision of the Presidium of the Ivanovo Regional Court should be recognized as illegal, in connection with which it must be canceled, and the decision of the Oktyabrsky District Court of Ivanovo of May 24, 2001 should be left unchanged.
      Guided by Art. 329 Code of Civil Procedure of the RSFSR, Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation

      cancel the decision of the Presidium of the Ivanovo Regional Court of September 28, 2001.
      The decision of the Oktyabrsky District Court of the city of Ivanovo dated May 24, 2001 should be left unchanged.

      Contact the police, call the squad, write a statement.
      Including (if the case goes to court) demand compensation for non-pecuniary damage for everyone registered in the apartment.
      It's tedious, but win-win.

      It is strange that the Ivanovsky District Court ordered to issue the keys for a fee, and not free of charge. The right of ownership cannot be burdened with some kind of payment "for access to the body." Nonsensical nonsense.

      questions-answer.avo.ru

      Intercom installation: pros and cons

      As you know, each apartment building has common property (elevators, stairs, entrances, etc.). And all this property, according to the law, is the property of the residents of this house with the right of possession and disposal. Therefore, if the majority of residents of an apartment building decide to install a security system (for example, an intercom), then in most cases it will be installed. But in any situation there are opponents of the general idea. Do they have to pay for what they think is unnecessary intercom installation? And in general, who should pay for the installation of security systems in the house? We will answer these and other questions in today's material.

      Who makes the installation decision?

      According to article 36 of the Housing Code of the Russian Federation, entrances and entrance doors belong to the common property of an apartment building. Installation of intercoms (and installation is carried out on access doors) refers to the overhaul of an apartment building in accordance with Appendix No. 3 to the Rules and Regulations for the technical operation of the housing stock. Consequently, the decision to install an intercom is made by all tenants at a general meeting of owners. If 2/3 of those present voted "for", then according to the Housing Code of the Russian Federation (Article 46), an intercom must be installed. This decision is binding on all owners of an apartment building, regardless of their presence and consent at the general meeting.

      If all the premises in an apartment building belong to one owner, the decision to overhaul the house (in particular, to install an intercom) is made solely and is made in writing in accordance with the Housing Code of the Russian Federation (Article 46, clause 7).

      Who pays for the installation and maintenance of the intercom? What is included in the price?

      After a decision is made to install an intercom in an apartment building, the cost of installation and maintenance of the security system is agreed upon. None of the tenants has the right to refuse to pay for the installation of security systems in the house! We remind you that a door with an intercom is the common property of all residents of the entrance, so everyone is required to participate in the purchase (pay for the installation service). These are the laws. However, in practice, residents who agree to install are more likely to pay for opponents of intercoms in the entrance. The cost of all work and the security system is divided by the number of apartments in the entrance.

      From the moment the new door is installed, all home owners will have to pay for the maintenance and service of the intercom. Service rates, by the way, are discussed at the same meeting, approved by homeowners and fixed in a service contract (concluded between the office and the management company). A subscription fee is set, which provides for the subsequent repair of general access equipment installed under the contract, and preventive inspection of this equipment.

      Reference. Offices that are engaged in the installation of intercoms are required to conclude an agreement for installation, maintenance and any other type of agreement with the management company or HOA. According to the law, such an agreement is valid only if there is a protocol of the general meeting of tenants. The contract and acts of work can be drawn up with each owner separately. An agreement concluded according to a different principle has no legal force.

      After installing the intercom on the door, all residents receive at least one key and a mandatory instruction on how to use the security device.

      Can I refuse to install an intercom and not pay?

      The owner of the apartment has the right to refuse to install an intercom and use it. In this case, the intercom (tube) will not be installed in the apartment of the dissenting tenant. However, by law, the owner must be provided with one free key to the front door! According to the Housing Code of the Russian Federation (Article 36, part 2), “the owners of premises in an apartment building own, use and, within the limits established by this Code and civil law, dispose of common property in an apartment building.”

      Refusal to use the intercom and the subscription fee must be made in writing. Otherwise, for non-payment of services and debts, you will have to answer in court.

    Date of publication of the article: 06/10/2015 In the article brought to your attention, we will consider the issue that is relevant for the Criminal Code: is the company entitled to charge tenants a fee for the installation and maintenance of intercoms and indicate it in the receipt as a separate line, or these costs should be included in the cost of maintenance and renovation of common property? To answer the question, you should know whether the intercom is part of the common property in a particular MKD, and also how the amount of the fee for the maintenance of common property in this house was established. Intercom - common property According to its functional characteristics, the intercom meets the signs of the common property of the owners of premises in the MKD, since it is intended to serve more than one room in the house (clause 3, part 1, article 36 of the Housing Code of the Russian Federation, subparagraphs "e" of paragraph 2 of the Rules of Content common property).

    Intercoms in apartment buildings: installation and payment procedure

    This means that it is the management company that is obliged to service your intercom and you have already paid for it.

    How to competently transfer the intercom to the maintenance of the Management Company? After installing the door and the intercom, the intercom company must hand over the system according to the act to the owners and the management company or HOA.


    If the intercom is installed before the introduction of the LCD RF in the latest edition, then the system can be transferred at any time.

    Attention

    In this case, the intercom company can become a contractor of the UK or HOA.

    The system itself and the door from now on must be serviced by the Criminal Code or the HOA for a fee for maintenance and repair, which is what you pay monthly.

    There should not be any separate fee for the intercom! I was disabled for non-payment, what should I do? You may be offered additional subscription services, but you can refuse.


    The form of this refusal may be silent, you simply do not sign a service agreement and this is enough.

    Intercom in an apartment building: who owns and who serves?

    In particular, it states that if the maintenance of locking devices (intercom) is provided for by the contract for managing an apartment building, then payment for this type of work is made from the fee for the maintenance and repair of the dwelling, which is established in the manner prescribed by Article 157 LCD RF.
    If the contract for the management of an apartment building does not provide for the maintenance of a locking device (intercom) as part of the maintenance and repair of common property, then in order to charge such a fee, a decision of the general meeting of owners of premises in an apartment building and the conclusion of an appropriate agreement with the managing organization or with intercom service provider.

    Intercom in every house

    Therefore, if at the time of the conclusion of the management agreement or the next agreement on the amount of the fee for the maintenance of the common property, the intercom was available and belonged to the common property, but the Criminal Code ignored the issue of the source of financing the costs of its maintenance, it is not entitled to charge a fee for the maintenance of the intercom in addition to the established amount of payment for the maintenance of common property.


    Thus, in the Appellate ruling dated 01/13/2015 in case No. 33-118, the Saratov Regional Court excluded the intercom payment from the calculation of the amount of debt collected from the owner of the premises.

    Is it legal to charge for intercom every month?

    Info

    When installing a digital intercom, one line is laid to connect the switch to all apartments.

    The coordinate system is designed in such a way that a separate wire will be laid to each apartment, connecting it to the switch.

    Today, digital intercoms are considered more reliable in operation.

    But their price exceeds the price of coordinate three times. Another of the characteristics that you should pay attention to is the type of connection.

    There are audio and video intercoms. Their difference is in the presence of a display on which you can see who is calling. Video intercom provides high security, thanks to him, no one from outsiders can get inside the entrance.
    But the cost of such devices is high. For the most part, apartment owners prefer audio intercoms.

    Intercom installation: pros and cons

    Vsevolozhsk, Koltushskoe highway, 138, PSRN 1064703000911, TIN 4703083640; hereinafter referred to as the administration) applied to the Arbitration Court of the city of St. Petersburg and the Leningrad Region with a statement challenging the decision of the Office of the Federal Antimonopoly Service for the Leningrad Region (location: 191124, St. Petersburg, st.
    Smolny, 3, OGRN 1089847323026, TIN 7840396953; hereinafter referred to as the department, OFAS) dated January 19, 2017 in case No. 64-03-221-РЗ / 17 and the order of the OFAS dated January 19, 2017 issued on the basis of this decision in the same case.

    To install an intercom in the entrance of an apartment building, you need to have knowledge of electronics, skills in electrical installation and an understanding of the principle of operation of the device. Note that if any technically competent person is able to do some work with his own hands, then for installation and connection, for example, a controller or a switching unit, it is also desirable to have specialized knowledge. In addition, such actions require coordination with the management company and residents.

    • The main stages of installing an intercom
    • Installing an external panel;
    • Cabling;
    • Installation of the internal device;
    • Connecting the inner tube to a common cable;
    • Installation and connection of an electromagnetic or other lock;
    • Intercom start.

    Necessary tools and accessories

    • intercom;
    • The wire;
    • Screwdrivers;
    • pliers;
    • Level;
    • Drill;
    • Chisel;
    • putty;
    • Shielded "twisted pair";
    • Wire with corrugated tube;
    • Screwdriver.

    How is the intercom. Its modules

    Call panel. Arranged outside the entrance, equipped with a set of buttons for connecting to the apartment, a key reader and an additional panel.

    A tube. So that the user can reply to the guest and let him in. Located in the apartment and connected to a common closing system.

    Lock. It is presented in two versions: electromagnetic and with a metal valve. In terms of safety, electromagnetic is more reliable. Such locks work automatically and close the door after closing.

    Switch module. It is used to transmit a signal from the calling panel to the apartment.

    Exit button. Located from inside entrance, works by pressing a finger.

    When mounting the device, only high-quality wires are used. If the expected length of the wire will not exceed 50 m, use a cable with a section of 0.6-1.0mm. With a length of more than 50 m, approach t section 1.5 mm. Read more about the device and the principle of operation of the intercom.

    Installation steps and wiring diagrams+

    Exit button and call panel

    Before starting work, take care of safety and turn off the power supply. The intercom can receive electricity in two ways: from a transformer or connected to an outlet using a power cable.

    We proceed to install the external panel. If the panel is overhead. First, we make a markup where the device will be located. The optimal height is 150-160 cm. We drill holes for fastening at the marked points. You can fix it with screws, but if the wall is concrete, first put the dowels and fix the device.

    For embedded devices, you need to make strobes. We also make markings and cut out the strobes with a chisel. It is important to consider not only the size of the box, but also the wires in the corrugated tube. Then we fix the box with cement and stretch the corrugated tube into the strobe, fix it with nails.

    We bring the strobe into an aesthetic appearance with putty and carefully remove the nails. We cut the wires to the desired length, they should be 20-25 cm outside, connect to the panel.

    We fix the panel on the box of the device.

    Installation of exit button and code reader. Connect the lock, power supply, exit button as shown in the instructions. Devices depending on the selected model and company may vary.

    Switching and power unit

    These blocks are the heart of the entire intercom system. They provide a signal to the desired apartment, as well as a stable power supply to the electromagnets of locks and communications.

    Electromagnetic lock

    Required only if the door is wooden. Metal doors are made complete with a lock. Read more about the device and principles of connecting electromagnetic and electromechanical locks in

    A tube

    We also mark up where the device will be located. Approximately 150 cm from the floor. We take into account that the wires need to be pulled from the entrance. And we calculate where it will be convenient to place the handset. We determine on the wall the exact location for the location of the corrugated tubes.

    Taking into account the thickness of the corrugated tube, we make strobes. We start and fix the tube in the strobe and bring it into an aesthetic appearance, using cement and putty.

    We mark on the wall places for attaching the tube itself. We make holes for dowels.

    We fix the stand from the tube with self-tapping screws. We connect the wires of the tube and from the corrugated pipe, according to the instructions. Next, fix the device with screws.

    Cables

    There are two types of connection setup.

    • Coordinate - matrix. With this connection to the main panel, a separate cable is pulled to each apartment.
    • Digital. in this case, one main wire is used for the entire entrance and each apartment has its own line from it.

    This stage of work is considered the most labor-intensive. But for those who want to save their hard-earned money, this is the way out.

    First you need to find the main wire from the front door. Then you need to extend it and connect it to the intercom itself using a shielded twisted pair cable.

    Observe safety measures, turn off the power supply for the duration of work.

    In order to lay it to the desired floor, it is necessary to pierce special channels with an electric drill, slightly larger in diameter than the cable. Professionals recommend making installation in plastic channels. To ensure the integrity of the cable, it is placed in a corrugated tube.

    When installing, make sure that the cable does not sag and there are no creases anywhere. It is not recommended to lay the wire near the power cable.

    Connection

    Tubes are digital and analog. See more about the types of intercoms.

    To connect the handset to the intercom digitally, it is necessary to reprogram the handset itself.

    To do this, the tube will need to be disassembled. You will need wires to the mains and jumpers with numbers, they are in the upper right corner. Then comes the fine work of programming. Using jumpers, you need to create the desired apartment number. To do this, you need to close the numbers with different digital values ​​\u200b\u200bso that in total they give the apartment number, for example, you need 47 apartments, we close 42, 4.1.

    After this procedure, we connect the power supply 220V. And the cable itself is laid to the intercom or shield in the entrance.

    Usually it is easy to recognize such a cable, wires like yours go to it from other apartments. It is important not to reverse the polarity otherwise, everything will not function.

    For analog connection, use coordinate matrix system.

    Although the system is somewhat outdated, it breaks down less and is considered more reliable. Adequately install an analog system in a house with large quantity apartments.

    The scheme is: a calling panel and a switch. The panel is located outside switchboard on the first floor. The tube is connected to the switch from two twisted-pair wires.

    We connect the wires to the shield. To do this, you need to find a small box from which the cables go in accordance with the number of apartments on the site. Having carefully analyzed which bus the other wires are connected to, you need to bring your own and connect them, observing the polarity. Minus to units, plus to tens.

    Advantage analog system therein, that you can connect several handsets at once. To do this, you will need to come up with new apartment numbers for each tube.

    If after all the work the system does not work, it can be reprogrammed. To troubleshoot, you need to call a specialist. Do not forget to return everything as it was before your intervention.

    Commissioning works

    It all depends on the chosen intercom model. Therefore, it is necessary to strictly follow the instructions that are attached. Particular attention is paid to the connection of wires. You need to test in advance. Often the colors of the wires do not match, especially if the model is made in China.

    Errors at this level can disable the device. It is better to be guided by the order of the connectors than by color markers.

    When everything is connected, check the quality of the connection, test. If it does not work out, it is better to turn to professionals, there is a risk of disrupting the operation of the device completely.

    The cost of installation work

    • On average in the Russian Federation, the cost will be:
    • Installation and connection of an external call panel - 1000 rubles.
    • Connection and installation of an internal audio tube - 500 rubles.
    • Installation electromagnetic lock- 3000 rubles.
    • Mounting the exit button - 400 rubles.
    • Connection and installation of the internal power supply - 500 rubles.
    • Connection and installation of an external power supply - 1000 rubles.
    • Start - commissioning work from 5000 to 15000 rubles.
    • Cable work 150 - 200 rubles. per metre.

    Useful video

    How to independently connect to the access intercom "Cyfral". For other brands, the procedure is the same.

    Conclusion

    Self-installation of an intercom is troublesome. If you do not have the necessary skills and education, it is better to entrust the work to the masters. The cost is more expensive, but there will be a guarantee of uninterrupted operation and maintenance. For your own safety, choose devices from trusted manufacturers and use the services of specialists who have proven themselves.