The larger the population of the house, the more difficult it is to assemble a quorum of the general meeting of owners and conduct a legitimate vote Source: Andreo Bortko/NGS.RU After several heat waves due to last year’s heat, a large family. from Novosibirsk decided to install air conditioners in his apartment. But doing this in their new building turned out to be difficult: space for equipment turned out to be an advantage of apartments starting from the second floor, and the family lives on the first. Air conditioners that appeared on the façade aroused the anger of neighbors who did not agree to their installation. It was not possible to reach an agreement, and the conflict went to court. At the same time, dissatisfied owners understand that it is almost impossible to collect the required number of signatures for certain decisions in their home. Our colleagues from NGS.RU talked with the parties to the conflict and, with the help of a lawyer, assessed the prospects for its solution “Heat – up to 40 degrees.” Oksana Semenova’s family bought two neighboring apartments on the ground floor. new buildings in the Chernyshevsky residential complex in Novosibirsk in 2021. Oksana is a mother of many children: she has two children of her own and three adopted ones. “One of my daughters’ heat exchanger was damaged: she constantly needs cold. In winter we turn off the radiators in the room, in summer we need air conditioning. We used to live in another high-rise building, everything was fine, but in the summer the heat reaches 40 degrees, and the fabric is so stuffy. that it’s simply impossible to stay,” says Semenova, she helps raise her grandchildren and lives with them. She also reacts sharply to temperature fluctuations. “We opened the window, installed fans, but nothing really helped. During the first two years of living in Chernyshevsky, my mother suffered heatstroke twice. I notified the property management company about plans to install air conditioning and asked that the issue be placed on the agenda for the owner’s vote. The developer’s representative did not object to this; I sent him a written statement. They even promised to install decorative baskets for me, Oksana assures Oksana Semenova assures that the life of their family is simply unbearable without air conditioning in the summer heat, but unexpectedly for them this caused a storm of indignation in the home chat: the family began to be accused of arbitrariness. The matter was not limited to words, and soon a lawsuit was filed demanding to dismantle the air conditioners and return the façade of the house to its original position. “My reasoning about the sick child and mother had no result. The people who installed air conditioners also refused to meet me halfway. They were supported by a management company affiliated with the developer,” Oksana sighs. She points out that on the floors above the first there are technical niches for air conditioners. Residents of the first floors found themselves practically at a dead end: “I decided to go against everyone.” — We actually put the question of the possibility of installing Semenov air conditioners to a general vote of owners. But quorum was not achieved. After moving into the house, the majority spoke out against it. Therefore, the owners forced the management company to file a lawsuit to dismantle these air conditioners,” Svetlana Shadrova, director of Arkada Management Company, explained to NGS.RU that the air conditioners disfigure the facade of the house. Andrey Bortko/NGS.RU One of the opponents of air conditioners emphasizes: they were installed unexpectedly for everyone – We saw on our beautiful brick facade two huge air conditioners, the pipes of which are directed into the blind area. We filed a complaint with the management company because they are like that. projects must be agreed upon by 2/3 of the house owners,” said Ivan Osipov, a resident of Chernyshevsky. On the floors above the first there are technical niches for external air conditioners. Residents of the first are unhappy Source: Oksana Semenova There are 600 of them Apartments in a high-rise building, so more than 400 signatures are needed to install air conditioners on the facade. Osipov himself admits: this is simply an impossible task. “We have to take forms and go around all the apartments, but I think that’s how it is.” 2/3 will never come together.” Once we needed to approve the council of a house, we went to houses, but never got 2/3. I can say that the residents of the 6th entrance have a similar situation: they want to install air conditioners. But they are waiting for a legal decision, as they should be. And Semenova decided to go against everyone,” Osipov concluded. By order of the developer, NGS.RU sent a request to the developer of Chernyshevsky LLC Algeba with a request to explain why the residents of the first floors of a multi-storey residential building are building. complexes found themselves in a less advantageous position than the others. The answer will be published as it becomes available. According to the manager of the Exhibition of New Buildings company, Grigory Yakobson, in the main real estate market, projects often do not provide a niche for the phenomenon of air conditioners. In addition, the law does not oblige the developer to provide for such nuances. On the other hand, buying an apartment is an expensive pleasure, and you should not waste time carefully studying the project. Even before the purchase, one could understand that such a problem could be encountered later. Therefore, before purchasing, it is necessary to study the layout project in detail, the expert advises. — Opponents of installing air conditioners can also be understood: there are many examples of facades disfigured by metal boxes from which condensation flows. Prospects According to lawyer Zakhar Glushkov, the trial will most likely end in favor of the management company. – Whatever emotional connotation this story may have for the Semenov family, this is a clear violation of Article 25 of the Housing Code. She says that to install such structures on the facade of a house (and not on your porch, for example), the approval of 2/3 of the house owners is required. The requirement to dismantle air conditioners is legal; the air conditioners will either have to be dismantled or somehow find a common language with the neighbors; signatures do not exempt the tenant from complying with the Housing Code. “I’m almost 100% confident that the court will have to dismantle both air conditioners and return the façade to its original position. All legal costs of the plaintiff will also fall on the shoulders of the Semenovs,” Glushkov noted. — Such practical, intractable conflicts are most often observed in new buildings. Previously, we told how neighbors in SNT are arguing about land plots – even the signature of a man who died 20 years ago appeared.
neighbors demand to remove the air conditioner – June 27, 2024 – Russia today
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