You need to look at the contract signed during installation.
If the contract does not contain any words about monthly payment obligations, the actions are illegal.
In general, the actions are also illegal: if a receipt for this service is sent by a homeowners association or management company, protest, since according to the housing code, the maintenance of locking devices is included in the concept of “Maintenance and repair of housing stock,” which is necessarily present in your bill and the maximum amount of which is set regional authorities.
If they try to collect fees for “service” individually from everyone, then try to calculate the total amount of fees per month from one entrance of a 9-story building - you will get approximately the installation of a new intercom.
Conclusion: read the installation contract - and go to court.
no contracts were concluded during installation - why are you all (well, many) paying? (((:
P.S. Well, the sellers and installers of intercoms made a profit... now people have begun to come to their senses, but they have already skimmed the cream
and the most interesting thing is that the intercom does not add cleanliness to the entrance and even less security
If it breaks, we call it, they repair it, we pay, and until next time...
And why are they scared to turn it off? ((: did you pay for the installation?.. did you pay) did you sign a service agreement?.. no) with x.. should I pay someone something?.. on what basis?) because that’s what they want?) who will explain ? ((:
If it breaks, we call it, they repair it, we pay, and until next time...
I have this situation right now. They disconnected me because I didn’t pay, I started calling them and trying to get them to turn it on. They start to get stupid, then they said, call our specialist, he will turn it on for you. the panel is password-protected, we won’t tell you the password. (((I called another company here to install an intercom, they told me that in this case the entire panel is changed. - 4500 RUR
I have this situation right now. They disconnected me because I didn’t pay, I started calling them and trying to get them to turn it on. They start to get stupid, then they said, call our specialist, he will turn it on for you. the panel is password-protected, we won’t tell you the password. (((I called another company here to install an intercom, I was told that in this case the entire panel is replaced. -4500 RUR
divorce))
Most likely you have a visit or metacom, the panels themselves with RF keys (without cameras and bells and whistles) cost a maximum of 2000 rubles
and everyone has the option of emergency password reset. usually a couple of wires inside that need to be closed, less often switches in the block
There was a similar situation about 2 years ago: our front door was not serviced, some paid regularly, others did not. Everything continued until the function of calling to the apartment broke down. They called the intercom and said you have debts; until you pay them off, we won’t repair them. We: yes, we will repair it ourselves, give us the main password, they: fuck you. We quarreled. The contract was not terminated, because and there is no legal need to tear it apart; it was drawn up with legal errors. They just scored. We tried to reset the password, but it didn’t work. We bought the “visit” ourselves, everything fit without any problems. They tried to solve the problem of servicing the closer: they wrote an application to ZHEU-4 to put the closer on the balance sheet for its subsequent servicing of ZHEU-4. ZhEU do not react particularly promptly to the repair of door closers; according to the conversation: “we’ll do it within a month.” This period does not suit us; the last 2 times we repaired the door closers ourselves. When I have time, I’ll figure out the timing of the ZhEU.
Model of the former intercom KS-2004TM. There was an agreement somewhere, if necessary, I can find it.
I wish you good luck in solving your problem.
because disconnecting the handset is enough unpleasant thing, prevents people from getting to you
and the amount is not enough to cause a showdown
then don’t be surprised if for non-payment of the bribe for “maintenance of the electric meter” the electricity is turned off, for the water meter - water, for the gas meter - gas. if someone puts their own lock on your door and demands a monthly maintenance fee - don't argue, but pay, pay, pay...
because the shutdown electricity, water and gas quite an unpleasant thing, and blocking the lock front door prevents people from getting to you.
and the amount is not enough to cause a showdown(IMG:style_emoticons/default/smile.gif)
Similar situation. We initially did not need this intercom, but it so happened that, under pressure from the neighbors in the entrance, they installed it (in the sense of financing this event). The tube was also installed, but since 99% of people didn’t use it, they stopped paying for so-called maintenance after some time. Of course, the debt began to grow.
Then boom... At some point we discovered that the call to the apartment from the intercom was not going through - that is, we were disconnected. Well, to hell with it, we don’t use it anyway. I wonder if you call them and leave a request to connect the handset, will they demand payment of the entire amount owed? Well, this is probably true, but only for the period of time when the service was actually provided but not paid for. And since the day the phone was disconnected, why should they be scared to pay for a service that was not provided?
That is, in theory, they should have some kind of document about the disconnection of the service from such and such a day due to debt.
Maybe I'll ask sometime.
Here is our agreement with the Intercom. Surely they have a typical one.
In order:
1. They have the right to disconnect in accordance with clause 2.2.2;
2. You are obliged to pay in accordance with clause 2.3.1;
3. You are required to provide a document about the disconnection, but you are not required to notify you of the disconnection. Therefore, do not be surprised if the disconnection certificate provided to you contains the date “yesterday” and accordingly you will have to pay according to full program. It will be very difficult to prove that the shutdown was actually carried out earlier - “There was a malfunction, but there were no calls - clause 2.3.2.”
Ladies and Gentlemen! Always read what you sign carefully!
P.S. And LLC "Domofon" with such an agreement, FUCK YOU AWAY!
From year to year we regularly paid the monthly fee for the intercom, and everything was fine. But then the intercom operators suddenly decided that they were the smartest and pretended that there had been no payment for the last six months.
Residents who still had receipts ran to prove the fact of payment. But I don’t even have receipts. I paid via the Internet. Of course, I tried to print something out there and show it to someone, but... they either don’t hear or don’t want to hear. In the end, I got tired of everything, and I decided not to pay until they sorted it out themselves.
And then one day a friend calls me and tells me that my intercom doesn’t work (it just doesn’t ring into the apartment). When you try to dial a number, everything is reset, an error signal sounds and “Err” appears on the indicator.
I came to the conclusion that there can only be one reason for this - the intercom operators turn off the intercom in such an original way for non-payment (they can do this for one apartment).
In general, of course, there may be other reasons, but I know exactly why my intercom doesn’t work. Apparently they think I have to pay for the same service twice.
Interestingly, I was still able to enter the entrance using my set of keys. You can't just open the door by pressing a button on the handset. If guests come, you have to go downstairs and open it manually.
It is clear that in this situation it makes no sense to contact a company that services the intercom. I had to figure out for myself how it turns on.
Let's first determine why the intercom may not work:
- The call to your apartment has been disconnected (an error sounds when dialing the apartment number). You cannot call from the street and you, accordingly, cannot open the front door by pressing a button in your apartment. The most common option.
- We have deleted your keys from the intercom memory. In this case, you cannot get into the entrance using your tablet keys. The other residents' keys work as always. This is not usually done, but there have been cases.
- Any technical malfunctions of the units, wire breaks (intentional or not), acts of vandalism, etc. These cases are always very individual and will not be discussed in this article.
Let's see what can be done using the Visit intercom as an example.
If the call to your apartment does not go through
Most likely, the so-called “intercom mafia” did this to force you to pay for a previously imposed service. They do this without entering the entrance, changing the intercom settings using the master key.
But, fortunately, this is easily fixable.
So, to connect the disconnected Vizit intercom, we proceed as follows.
That's all!
We make sure that the intercom was able to be unlocked (calling to the apartment works), and return the jumper on the ECU board to its place. Otherwise, the intercom operators will ignore your manipulations and come up with some other trick.
Once again, without further comment. To turn on the call, dial:
#999 1 8 00# 1 *
Instead of 00 you need to substitute your apartment number. Then return the jumper to the “WORK” mode, close the lid and quietly leave.
What to do if the key does not work
These are again the tricks of the “intercom mafia.” They simply erase information about your keys from the intercom and that’s it.
The problem can be solved in two ways:
- ask your neighbors for one of the keys and go make a couple of copies for yourself and your family members. The city is full of craftsmen providing this service. Advantage this method the fact that you will never be disconnected again;
- record all your keys into the intercom memory again. To do this, you will again need access to the control unit (ECU) in order to switch it to programming mode (read how this is done a little higher).
Regardless of which method you choose, we proceed as follows.
We open the ECU, put the jumper in the PRG position, go down and switch the intercom to the service settings mode:
#999 (the signal will sound twice) 1 (single beep) 3 (squeak again) APARTMENT NUMBER#
After the apartment number and hash have been entered (if the number is 3-digit, then you do not need to press the hash), a single signal should sound. This means that everything is OK, the memory is free and ready to write the key. If you hear four beeps in a row and the word lights up on the indicator "FULL"- this means that you won’t be able to write down the keys; you will have to clear the memory first.
After a single beep, place your key on the reader. You should hear a double squeak and see the inscription on the indicator "YES". This means your key has been successfully written into memory. We apply the next key, then the next one, etc.
When you run out of keys, be sure to press the asterisk * (this is so that all settings are saved). And also be sure to return the jumper back to hide traces of tampering.
You can add another key in the same way. Let's say you want your friend to be able to freely enter the entrance using the key to his Visit intercom. In this case, you can simply enter the key recording mode as described above and add its key. All previously recorded keys will be saved (i.e., you do not need to record all the keys from the very beginning each time).
As you can see, there is nothing easier than connecting an intercom yourself that was disconnected for non-payment. Just download the instructions () and carefully read what is written there. For example, you can set your own individual code that will open the intercom without a key. Or you can write down your own master key so that you don’t have to go into the box and rearrange jumpers on the board every time :)
P.S. Am I the only one who finds it strange that our entire house has to pay someone for some mythical service? For example, I have never seen anyone do any work with our intercom (well, lubricate something, adjust it, paint it).
And the strangest thing is that some sharazhka office considers itself the right to prevent people from getting to their home. I also don’t understand on what basis they even interfere with the operation of the intercom? It belongs to the residents of our building, we bought it with our own money, so there’s no need to stick your fingers into it.
Many have encountered this problem when you come home after a working day, put the key from the intercom to the door lock, and in response an error is displayed on the screen and the door does not open. This means that your intercom has been turned off for non-payment, and now the question arises: how to connect this device yourself?
For what reasons is it disabled?
Finding out the reasons why your apartment was disconnected from the intercom system takes time and patience. Even the fact that you have all the paid receipts in your hands will not guarantee that you will defend your rights. All paid receipts should be kept, as with them you have a greater chance of asserting your rights.
The intercom may be faulty for several reasons, among the most common:
- disconnecting your apartment from the intercom system;
- your key would be deleted from the device memory;
- technical breakdowns, malfunctions, incorrect operation of the system.
Let us consider in more detail how and for what reasons services disconnect residents from the intercom system.
The first most common way is to disable calling panel from the apartment. In this case, it will not be possible to rent an apartment and open the entrance door from it. This method is the simplest and most common, as it is performed by typing a special combination on the digital panel. It is almost impossible to find specific codes for such combinations on the Internet, because then anyone can engage in arbitrariness and connect and disconnect intercoms to anyone they want.
The most common brands of intercom are Visit, Metacom, Digital, Factorial.
In order to connect a disconnected handset with your own hands, you need to do preparatory work, namely, to find the switchboard. It may be closed, so you will have to open it with improvised means. As a rule, they are closed with a regular latch, so there will be no need to break into the box.
Having opened the shield, we look for the board. To do this, unscrew the screws and remove the protective cover on the board. We are looking for the “PRG WORK” lever (it is responsible for access to programming the calling panel). Switch the toggle switch to “PRG”. After the preparatory work is completed, you can go to the entrance door and work on the intercom.
On the intercom display you will need to enter a series of combinations in sequence:
- We enter a hash and three nines, after which a signal will sound from the device and “1_2” will be displayed.
- You must click on the unit, thereby you will enter the service installation mode.
- “P_SE” will appear on the monitor.
- After this, we enter the “on/off” mode, to do this you need to press the number 8. “SE_8” will appear on the monitor, it will beep and “A_” will appear on the screen.
- Then enter the number of the required apartment.
- Press # if the apartment number is one or two digits.
- 1 activates the apartment call, the intercom will beep twice, and “ON” will appear on the monitor.
- Press * to save the settings.
After all the manipulations performed, check the correctness of the work performed. Dial the number of the required apartment. If the call went through and the lock was able to be opened normally from the inside, then you need to return to the panel and switch the toggle switch to the previous position.
As a result of your work, you should get the following combination #9991800#1*.
What to do when the key doesn't work
Another reason that you cannot open the entrance door is deleting the key from the intercom memory. This situation can be corrected in two ways:
- Take a key from your neighbors and simply make a duplicate for yourself and your family. It is not necessary to carry out this procedure specifically at the company servicing your home; there are enough organizations in the city that provide these services. The main advantage of this method is that your key will no longer be blocked.
- Renew your key in the intercom memory, but to do this you need to provide access to the intercom control unit.
Whichever method you choose, you will have to open the ECU and switch the toggle switch to “PRG” mode. After this, you need to dial the following combinations on the intercom dial:
- #999, a beep will sound.
- Press 1, a signal sounds.
- Then we dial 3, after the signal we enter the apartment number.
- Finally, press the grille.
After you have completed all the manipulations and pressed the pound key, the last beep will sound. This will mean that the intercom is ready to accept the new key and save it in its memory. If instead of one signal there are four sounds, and FULL is displayed on the monitor, it means that the device needs to clear the memory.
Several years ago, to restrict the entry of strangers into the entrance, many owners rushed to install combination locks on their entrance doors. However, this measure did not live up to the residents’ hopes. The code instantly became known to a large number of interested parties. Started new wave– installation of intercoms on entrance doors. In this case, the level of security increased, but among other receipts for housing services, another one began to arrive, which not everyone likes...
They even promise to paint the door
Usually the situation looked like this: an active resident of one of the apartments campaigned for the installation of an intercom for his neighbors in the entrance. For this, the installation of an intercom for the activist himself was free.
The first to be offended were “those who disagreed with the installation of an intercom”: often they were not even given magnetic keys to unlock the entrance device. However, the courts have ordered that everyone be provided with a magnetic key, because deprivation of the right of access to a home is a violation of the constitutional rights of citizens.
Another flurry of discontent among the “dissenters” arose after receiving a receipt for the subscription fee for the intercom: they didn’t have an intercom tube installed in their apartment, so what should they pay for? Intercom companies, as a rule, cannot clearly explain what is included in the tariff; they limit themselves to lengthy formulations such as “ensuring uninterrupted operation of the equipment.”
At the same time, the presence of the company’s warranty obligations in the first year after installation of the equipment somehow fades into the background. During this period, all repairs that fall under the warranty clause are performed by specialists free of charge. That is, if you follow this logic, there should be no subscription fee at first. However, intercom companies claim that more than half of all breakdowns occur in non-warranty cases. This is mainly due to improper operation, wire breaks by other services and by the residents themselves, all kinds of acts of vandalism and damage to equipment (mechanical damage).
“The intercom is complex electronic and mechanical equipment,- they explain to us in the “House Service”. - As for anyone complex device, For correct operation The intercom requires routine maintenance - diagnostics and repairs. Any repair for our subscribers is free. Everything is included in the subscription fee." In addition to periodic inspection of the device for malfunctions and the need to lubricate moving mechanisms, scheduled maintenance includes seasonal adjustment of the closer. But, as a rule, companies go to the “address” only at the request of the subscriber (and only if there is no debt for payment for services).
And for some organizations, even troubleshooting a subscriber handset in an apartment is additional paid service.
And only one intercom company (“Protection”) has posted an offer agreement for intercom maintenance on its website in the public domain. They even have a written obligation to “paint the doors as needed, at the request of the subscriber.” However, many people forget that maintenance of the front door (not counting electronics), including the door closer, is the direct responsibility of the management company, and therefore is included in the tariff for housing maintenance and repairs of common property. Do you get double payment?
The meeting of owners cannot impose a ringing phone
The question of whether the intercom is included in the common property of an apartment building also remains controversial. This year, the Ministry of Construction clarified that “an intercom, as equipment serving more than one premises, meets the criteria for common property in apartment building, and therefore belongs by right of ownership to the owners of the premises.”
But some lawyers do not agree with such a categorical reasoning: in order for the intercom to become part of the common property, a decision of the meeting of owners and amendments to the management agreement (with the establishment of a list and cost of maintenance work for the intercom) are necessary. The Tver Association of Homeowners' Associations and Housing Cooperatives explains on its website that “no one prohibits one, several or all owners from concluding an additional agreement for intercom maintenance with a management organization or other person. However, if the owner of any premises does not want to sign such an agreement and pay for the maintenance of the intercom, according to the Housing Code it is impossible to force him to do so by decision general meeting owners."
Residents have become more careful with their property
“If the maintenance and repair of the intercom belongs to the article “maintenance and repair of common property” (maintenance),- says Ivanovsky’s general director legal center“Fair housing and communal services” Yuri Ogirya, - then the payment under this article should be charged in proportion to the area of the owner’s premises, and not per apartment or according to the number of residents, as is sometimes the case.” However, there is still no clear understanding of what type of service an intercom belongs to.
There is a point of view that services for the maintenance and repair of intercom devices, as well as television antennas, do not belong to housing and communal services, but to household services. That is, their provision is regulated not by the Housing Code, but by the Civil Code and the agreement between the parties. “According to the Civil Code, you have the right to unilaterally refuse household services you do not need,- explains Ivanovo lawyer Mikhail Shubin. - To do this, you just need to notify the implementing organization.” “The issue of terminating the contract for servicing the intercom is quite controversial,- at the same time, the head of the Ivanovo department warns economic development and trade Natalya Lavrova. - Often, the consent of more than half of the owners is required to terminate the contract. However, neither the prosecutor’s office nor the courts have yet reached a consensus on this matter.”
- What happens? - our readers are indignant. - We installed an intercom in our entrance at our own expense, and now it is considered common property and we must ask the entire house for permission to refuse its service?
Meanwhile, in Ivanovo there are already examples of refusal of intercom maintenance services. “When four years ago we decided to install an intercom at the entrance, - says Vladimir Sorokin, - began to look for an option to install equipment without maintenance. Yes, it cost us a little more, but the intercom had a one-year warranty. In four years, our door closer broke down only once. Hydraulics require careful handling. You should not open the door all the way and keep it open for a long time. Not everyone knew this then. Replacing the door closer cost us a thousand rubles. And no more problems. So calculate how much we have already saved.”
The money raised is enough to replace the equipment annually
There are examples of individual subscribers refusing service. True, they often live in fear: will the intercom operators harm them, because the wires may unexpectedly break or, during reprogramming, the key will stop opening. Some companies have no qualms about threatening to “cut the phone.” But then, on the same basis, you can introduce a subscription fee, say, for the fact that the refrigerator freezes, and if you don’t pay, we’ll disconnect you from the outlet.
However, with the help of private technicians, a disabled intercom intercom can be restored in 10 minutes. And one of our readers even installed a handset in her apartment, bypassing the installer’s company. “We moved into an apartment, the owners of which at one time were against installing an intercom,- Nina Makhalova shares. - We contacted the intercom company with a request to install a subscriber handset into the apartment. They asked for 3,600 rubles. We found a private technician who installed an intercom for us for 700 rubles, and now we have been using it for six years without any subscription fee.”
Now let's do the math. The average tariff in the region charged by intercom companies for “maintenance” of an entrance intercom is 50 rubles per month. This is 600 rubles per year from each apartment. The average number of apartments in the entrance of a typical five-story building is 20. Accordingly, the fee for “maintenance” of one entrance intercom is about 12 thousand rubles. At the same time, the cost of all equipment installed at the entrance costs about the same. It turns out that owners who pay for the maintenance of the intercom could theoretically replace the intercom with a new one every year. And if we also take into account the warranty period and the period of real “failure-free” operation of the equipment in the absence of an emergency, then the savings family budget would be more than significant.
SOLUTION
In the name Russian Federation
Apatitsky City Court of the Murmansk Region composed of:
presiding judge Vorobyov N.S.,
under secretary I.A. Poshina,
with
plaintiff Yakovleva N.S.,
representative of the defendant Sharonov V.Yu.,
having considered in open court a civil case based on the claim of Natalya Sergeevna Yakovleva against the company with limited liability"Domofon-Service" on the protection of consumer rights,
U S T A N O V I L:
Yakovleva N.S. filed a lawsuit against the limited liability company Domofon-Service (hereinafter referred to as Domofon-Service LLC) for the protection of consumer rights.
In support of the demand, she points out that Domofon-Service LLC illegally turned off the intercom in her apartment. At the same time, she indicates that she did not receive any notifications from Domofon-Service LLC about the presence of arrears in payment for services. In addition, it indicates that Domofon-Service LLC is not the owner of this equipment, but a service organization responsible for the technical serviceability of the intercom.
She contacted Domofon-Service LLC in writing with a request to explain their actions in illegally disconnecting the intercom in her apartment, and also asked to provide her with information about the work carried out to maintenance intercom (work schedule, work orders for maintenance, calculation of the cost of work). The office manager accepted her appeal, verbally stated that she would forward it to the director, but refused to put the incoming number on her copy. Having not received a response within ten days, she sent a registered letter to the defendant, which was returned to her address a month later with a note indicating that the storage period had expired. She believes that since Domofon-Service LLC was refused to provide information, the defendant’s actions fall under Article 14.8 of the Code of the Russian Federation, which provides for liability for violation of consumer rights.
Notes that the intercom system is autonomous, and Domofon-Service LLC is only an organization that carries out maintenance of this device Thus, Domofon-Service LLC does not provide any services to consumers, but only charges residents a fee as insurance against breakdowns, therefore the defendant did not have the right to turn off the intercom (intercom) in her apartment.
He believes that an intercom, as equipment located in an apartment building and serving more than one room (apartment), fully complies with the characteristics of common property in an apartment building, and the responsibility for concluding an agreement for the technical maintenance of the intercom, as a common property, rests with the management company. Their apartment building was transferred to the balance sheet of the management company "<.....>", with an intercom already installed.
Notes that the inclusion of Domofon-Service LLC in the contract with residents of a clause on disconnection for non-payment of equipment of which it is not the owner violates its rights as a consumer. Thus, the actions of Domofon-Service LLC fall under Article 14.8 of the Code of the Russian Federation, which provides for liability for violation of consumer rights.
Referring to the provisions of articles of the Housing Code of the Russian Federation, the clarifications contained in the Letters of the Ministry of Regional Development of the Russian Federation dated No. 8055-14/IB-OG “On clarification of the norms of housing legislation”, No. 30665-IB/14 dated, asks the court to attract Domofon- LLC Service" to administrative liability, oblige to connect the illegally disconnected intercom in her apartment, and also to recover from the defendant in her favor legal costs for payment of a state fee in the amount<.....>.
The plaintiff at the court hearing supported the claims on the grounds set out in the claim. She additionally explained that she entered into an agreement with Domofon Service LLC for the maintenance of the intercom system, but the copy in her hands was not signed by the parties. The contract presented by the defendant does not contain her initials or signature. Despite this, she paid for intercom maintenance services for several years. However, Domofon Service LLC provides poor quality service for maintaining the intercom system. Subsequently, having learned about the illegality of the services provided by the defendant, she stopped making payments. Domofon Service LLC disconnected its intercom handset from the intercom system due to debt. At the same time, the defendant did not send any notifications about the disconnection to her. The notice of disconnection and the act of disconnection submitted by the defendant to the court are non-existent, since she did not receive them. Believes that the defendant illegally provided maintenance services and charged fees for them. He considers the intercom to be his property, and therefore the defendant had no legal grounds to turn it off.
The defendant did not appear at the court hearing; he was duly notified of the time and place of the court hearing. He entrusted the representation of his interests to the representative by power of attorney, V.Yu. Sharonov.
Representative of the defendant Sharonov V.Yu. did not recognize the plaintiff's claims. At the same time, he explained that Domofon Service LLC, on the basis of an agreement for the maintenance of locking and intercom devices concluded between the company and the plaintiff, carries out maintenance of locking and intercom devices at the plaintiff’s entrance, namely: maintains the serviced locking device in good technical condition; carries out, at its own expense, repairs, adjustments and replacement of individual components and parts of the control unit that have failed due to natural technical wear and tear, subject to compliance with the Subscriber Rules of Use. Specified work is carried out by qualified and specially trained specialists (employees of the enterprise). The organization's expenses for servicing the equipment installed at the plaintiff's entrance for the period from to amounted to<.....>, which is confirmed by the presented list of work performed to maintain the ZPU. Believes that under these circumstances, the provision of services by their organization is of a real nature, the existence of its organization is economically justified and socially useful. Considers the plaintiff's arguments about the legislative ban on charging fees for servicing the intercom system to be untenable. The intercom system is common property residents, and Domofon-Service LLC has concluded an agreement with the residents for its maintenance, which is a paid service. At the same time, maintenance of the intercom system is not included in the fee for the maintenance and servicing of the common property of an apartment building and is not carried out by the management company; intercom equipment is not included in in the prescribed manner part of the common property of an apartment building, therefore, is not currently the common property of the house. Domofon Service LLC could not limit or infringe on the plaintiff’s property rights, since the plaintiff does not have the right of personal ownership of all intercom equipment; its share is not allocated in kind. The plaintiff’s reference to non-compliance with the procedure for disconnecting her apartment from the intercom system is considered unfounded. Indicates that at the beginning the plaintiff was sent a notice of the existence of a debt with a calculation of the debt, after which the plaintiff submitted a dated statement and demanded that her apartment not be disconnected from the intercom, i.e. It was the presence of a notice of debt that prompted the plaintiff to write the said statement. He believes that the plaintiff’s desire to receive the service without paying its cost is of an illegal nature, since if the plaintiff had arrears in payment for the use of the intercom, Domofon Service LLC had the right to suspend the provision of the intercom maintenance service.
From the agreement presented to the court, it follows that Domofon Service LLC undertakes to carry out maintenance of the locking and intercom device (which includes electromagnetic lock), installed in apartment 40 in the entrance of the Subscriber's residential building, and he, in turn, according to the agreement, pays monthly by depositing a subscription fee for the services provided into the account or cash register of the contractor.
The subscriber undertakes to transfer the subscription fee in accordance with the terms of this agreement and treats the established ZPU with care; immediately notify the Contractor of malfunctions in the operation of the control system (clause<.....>agreement). The Contractor undertakes to: maintain the serviced ZPU in good technical condition; carry out, at your own expense, repairs, adjustments and replacement of individual components and parts of the control unit that have failed due to natural technical wear and tear, subject to compliance with the Subscriber Use Rules; coding of keys, key fobs ZPU (p.<.....>agreement).
In points<.....>of the agreement it is established that the subscription fee for the provided technical maintenance of the ZPU under this agreement is<.....>rubles - for an apartment with a speaking handset. Payment is made monthly, until<.....>date of the month following the billing month.
In accordance with paragraph<.....>of the contract, in case of delay in payment, the contractor has the right to disconnect the subscriber from the ZPU system. Reconnection is made after full payment of the debt (presentation of a payment receipt) and payment for reconnection at the contractor’s tariff.
From the list of work performed on servicing the locking and intercom device at the address: it follows that during the period from Domofon Service LLC, the operation of the control unit was checked in accordance with the work regulations, the intercom call unit was replaced, the cable line was repaired, welding work to strengthen the door post in the area of the magnet, fixing and adjusting the magnet armature, replacing the door closer, based on requests received from residents (ld.<.....>).
According to the certificate provided by Domofon Service LLC as of Yakovleva N.S. there is a debt on the subscription fee under the contract for the period from to in the amount<.....>(ld.<.....>).
Employees of Domofon Service LLC disconnected the subscriber (plaintiff) from the intercom (), about which a corresponding report was drawn up (ld.<.....>). Evidence of failure to receive written notification by the plaintiff about the existence of a debt and disconnection, in violation of Art. not presented by the plaintiff.
Under such circumstances, the plaintiff’s refusal to pay the subscription fee for servicing the intercom system was rightfully regarded by the service provider Domofon Service LLC as a violation of contractual obligations, as a result of which Domofon Service LLC, guided by clause<.....>agreement from, reasonably disconnected the plaintiff's intercom.
The plaintiff's debt to Domofon Service LLC to pay for the maintenance of the limited access system under the contract for the maintenance of locking and intercom devices indicates that Domofon Service LLC has no obligation to connect an intercom in the plaintiff's apartment.
The plaintiff’s arguments that, as a result of the illegal disconnection, she is deprived of the opportunity to use the property that belongs to her - the handset from the intercom system, the court finds untenable, since it has been established and not disputed by the plaintiff that she has magnetic key from the front door to the entrance, there is a button at the exit and the plaintiff has the opportunity to freely use the specified equipment.
The plaintiff’s argument about the illegality of the defendant’s inclusion in the contract of clause<.....>, which provides for the right of Domofon Service LLC to disconnect a subscriber from the ZPU system in the event of a delay in payment, the court considers it untenable, since the parties are free to determine the terms of the contract, including the terms of payment. The court also does not accept the plaintiff’s argument about the illegality of turning off the intercom system in the presence of debt.
The plaintiff’s assertion that the actions of Domofon Service LLC to charge a fee for servicing the locking and intercom device are illegal, since the maintenance of this property is included in the list and the cost of work on the maintenance of common property and is the responsibility of the management company, the court considers unfounded, for the following reasons.
The provisions of the article of the Housing Code of the Russian Federation establish what property belongs to the common property of the owners of an apartment building.
By virtue of Part 1 of Art. 39 of the Housing Code of the Russian Federation, owners of premises in an apartment building bear the burden of expenses for maintaining common property in an apartment building.
According to Part 2 of Article of the Housing Code of the Russian Federation, payment for residential premises and public utilities for the owner of premises in an apartment building includes: fees for the maintenance of residential premises, which includes fees for services, work on managing an apartment building, for the maintenance and current repairs of common property in an apartment building, for cold water, hot water, electrical energy, thermal energy, consumed during the maintenance of common property in an apartment building, as well as for the allocation Wastewater for the purpose of maintaining common property in an apartment building; contribution to major renovation; utility fees.
Owners residential buildings bear the costs of their maintenance and repair, and also pay for utilities in accordance with agreements concluded, including in electronic form using the system, with persons carrying out the relevant types of activities (Part 3 of Art. Housing Code of the Russian Federation).
According to an article of the Housing Code of the Russian Federation, when choosing a management organization, a general meeting of owners of premises in such a house concludes a management agreement on the terms specified in the decision of this general meeting.
In the multi-apartment management agreement residential buildings Among other conditions, the composition of the common property of an 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 (clause 3 of Article of the Housing Code of the Russian Federation) must be provided.
Based on paragraph 1 of the Rules for the maintenance of common property in an apartment building, the composition of common property, approved by Decree of the Government of the Russian Federation No. 491, the composition of common property is determined by the owners of premises in an apartment building - in order to fulfill the obligation to maintain common property.
Clause 7 of the Rules determines that the common property includes an intra-house power supply system, consisting of incoming cabinets, input distribution devices, protection, monitoring and control equipment, collective (common house) metering devices electrical energy, floor panels and cabinets, room lighting installations common use, electrical installations smoke removal systems, automatic fire alarm internal fire-fighting water supply system, freight, passenger and fire-fighting elevators, automatically locking devices for the doors of the entrances of an apartment building, networks (cables) from the external border established in accordance with paragraph 8 of these Rules to individual, common (apartment) electrical energy metering devices, as well as other electrical equipment located on these networks.
From system analysis the above norms it follows that the legislator has vested the owners residential premises the right not only to determine the composition of the common property of such a house, but also to determine the amount of the monthly payment for the maintenance and repair of residential premises, which is approved by the general meeting of owners of residential premises of an apartment building, taking into account the composition of those maintenance and repair works current repairs common property, which are determined by the management agreement.
Management of an apartment building on the basis of an apartment building management agreement is carried out by LLC " Management Company «<.....>».
According to paragraph<.....>section<.....>The management organization has assumed the obligation to provide maintenance services and carry out repair work on the common property of the owners of the premises of an apartment building in accordance with the Appendices to this agreement, meeting the quality parameters and corresponding to the level of their payment.
Meanwhile, neither the List of works and services for the maintenance and maintenance of common property in an apartment building (Appendix) nor the Composition and frequency of works and services for the maintenance, maintenance and routine repairs of common property in an apartment building (Appendix) contain instructions on technical work maintenance of the locking intercom device (maintaining the locking device in good technical condition, repairing, adjusting and replacing individual components and parts of the locking device that have failed due to natural technical wear and tear). The management agreement does not contain any indications that the common property of an apartment building contains automatically locking devices for the entrance doors of an apartment building or access control systems to an apartment building (intercom).
Therefore, work on technical repairs maintenance and repair of the intercom system in an apartment building are not taken into account when determining the total cost of services for the maintenance and repair of common property, and their cost is not included in the monthly fee for the maintenance and repair of residential premises.
At the same time, the court takes into account that on the date the house was put into operation, its entrances were not equipped with intercom systems, therefore, the latter cannot relate to the common property of the owners of such a house, and the decision of the general meeting to include an intercom in the common property of the house and include expenses for Maintenance of the intercom was not accepted as part of the common property of the house.
The plaintiff’s indication of the fact that due to improper provision of services by Domofon Service LLC for maintaining the intercom system, it legally stopped making payments under the contract, was rejected by the court. Since Yakovleva N.S. did not declare a change or termination of the agreement concluded with Domofon Service LLC in accordance with the article of the Civil Code of the Russian Federation, the parties did not reach an agreement on its termination, therefore, the specified agreement continues to be valid, and the plaintiff must bear obligations to pay for the work related with intercom service, in front of the defendant.
According to the article of the Civil Procedure Code of the Russian Federation, the party in whose favor the court decision was made, the court awards the other party to reimburse all legal expenses incurred in the case. Since the plaintiff's claims were denied in full, legal costs are also not subject to satisfaction.
Based on the above, guided by Art. Art. – Civil Procedure Code of the Russian Federation, court
Judicial practice on the application of Art. 432 Civil Code of the Russian Federation