Apartment Building

hoa to court, demanding to recognize the right of common shared ownership of the basement in an apartment house. The courts found the two bodies claim justified. The Presidium of the Russian Federation has sent the case to review and explained the following. Concluded that the statute of limitations for the claim should be calculated from the time of hoa wrong. Based on the legislation, ownership of common property multi-family home can only belong to the owners of premises in it, but not hoa as a legal entity. The partnership is involved in such matters as the legal representative of the owners. Accordingly, they should provide the hoa the right to appeal to the court with such a claim.

In addition, recognizing the controversial subject of common shared property, the courts proceeded from the results of construction and technical expertise. Meanwhile, the holding of such common property of homeowners does not occur on any part of the basement of an apartment house, but only on technical basements. In appointing the expertise needed to determine whether the controversial part of the basement of technical, requiring permanent public access to engineering equipment. The examination results must be evaluated on the basis of regulatory requirements for the definition of the utilities included in total assets home. Also, the courts had to check the arguments that the disputed premises is an object of independent functional use. In this case, the ownership of it recorded for the one of the owners, who owns and part of the premises in the house.