Do you regularly lose correspondence from your mailbox due to the lack of a working lock or door? Is the appearance of the cells also poor?

Who should change mailboxes or carry out repair work in this case? To understand this situation, we recommend that you read this article.

Who should repair the mailboxes at the entrance?

Subscriber mailboxes, which are used to receive correspondence by residents of apartment buildings, are usually installed on the first floor of a building. The costs associated with their purchase and installation should be initially included in the estimate for the construction of this property.

Owners of apartments in low-rise buildings have the right to install mailboxes at their own expense, if they were not provided for by the layout of the house.

The repair of these subscriber cabinets, their maintenance and replacement with new ones, if necessary, should be carried out by the owners of residential premises and organizations responsible for the maintenance of an apartment building in connection with the concluded agreement.

In the latter case, we are talking about homeowners' associations, management companies and other housing maintenance companies. This rule is fixed by Article 31 of the Federal Law No. 176 of July 17, 1999.

How to achieve the implementation of the repair of mailboxes at the entrance?

Subscriber cabinets serving several residents are common property. Consequently, their maintenance and repair should be handled by management companies or HOAs serving the house.

At the same time, repair work is carried out at the expense of the financial resources of homeowners, paid monthly in favor of capital repairs.

The estimate for overhaul should contain an appropriate column providing for the replacement or repair of boxes by utilities.

In the absence of it, it will be more difficult to achieve the repair of mailboxes. The owners will either be forced to do this at their own expense, or apply to state authorities to challenge the actions of the Criminal Code (HOA).

Drawing up an appeal to the management company

If you have broken postal boxes at your entrance, first of all, you need to inform the organization that provides home maintenance - the UK or HOA.

The person concerned - the owner of the home, the tenant or just a citizen living in the premises with the owner - draws up a written statement, complaint or claim.

The following information must be present:

• name and legal address of the MC (HOA);
• Full name and address of residence of the applicant, methods of feedback;
• name of the document (for example, a claim);
• the essence of the appeal (breakdown of the subscriber cabinet for correspondence);
• a request for a box replacement or repair;
• date of compilation of the text of the document;
• applicant's signature.

The appeal can be supplemented with photo or video materials confirming the existence of a problem with the mail cabinets.

How much will the repair cost?

In accordance with article 158 of the RF LC, the owner of a residential premises in an apartment building undertakes:

• independently pay the costs associated with the maintenance of his property;
• participate in the payment of the costs caused by the repair and maintenance of common property (in this case, the amount of payment must be proportional to his share in the common property).

According to part 7 of article 156 of the RF LC, the amount of payment for the implementation of repair work or replacement of boxes for correspondence is established on the basis of the wishes of the tenants and proposals from the Criminal Code (or HOA).

If the house is not assigned to a specific management company or housing cooperative, the list of necessary work and the amount of planned costs are determined at a general meeting of residents.

The owners of apartments act in a similar way if the restoration of mailboxes does not apply to the services for the maintenance of the house, included in the agreement with the Criminal Code or HOA.

The mailbox at the entrance has not been repaired: where to go?

If a dispute arises between the tenants of an apartment building and the management company (HOA) about who should repair the mailboxes, you should contact the state authorities to resolve the situation.

A conflict can arise if the CM does not want to repair subscriber cells, as well as if the boxes are individual (that is, they serve only one addressee). In the latter case, such a mailbox can be located directly on the door of the apartment.

If you consider the refusal of the Criminal Code to repair or replace mailboxes illegal and unreasonable, in this case, you must send the appropriate one to one of the following authorities:

• the prosecutor's office;
• local administration;
• Rospotrebnadzor;
• GZI;
• court.

First of all, it is recommended to draw up a complaint and send it to the management of the Criminal Code (HOA). If within 10 days there is no response from the organization, you can feel free to contact the above authorities. The same applies to the refusal of the leadership to correct the conflict situation.

Drawing up a complaint to a state authority

Unlawful actions of the Criminal Code or inaction of the organization is the basis for contacting one of the above instances. The law does not prohibit filing a complaint with several state bodies at once (for example, the prosecutor's office and the housing inspectorate).

Question :

Will mailboxes be common property?

If this type of work (maintenance, replacement, repair) of these mailboxes is absent in the management contract.

If these types of work are not included in the minimum list (Resolutions of the Government of the Russian Federation of 03.04.2013 N 290 on the maintenance of common property).

If not included in the cost items in the tariff for maintenance of common property.

Answer :

Subscriber mailboxes are included in the common property of owners of premises in an apartment building by virtue of law. Their proper maintenance by the organization managing the apartment building should be carried out regardless of whether these works are indicated in the management contract.

According to Part 2 of Art. 162 of the Housing Code of the Russian Federation, under the contract for the management of an apartment building, the managing organization, on instructions from the owners of premises in an apartment building, undertakes, inter alia, to provide services and perform work on the proper maintenance and repair of common property in such a building.

Moreover, by virtue of sub. "B" clause 1 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of 13.08.2006 N 491, the composition of common property may be determined by state authorities in order to control the maintenance of common property.

In accordance with Art. 31 of the Federal Law of 17.07.1999 N 176-FZ "On Postal Communication" (hereinafter referred to as the Federal Law of 17.07.1999 N 176-FZ), subscriber mail cabinets are installed by construction organizations on the first floors of multi-storey residential buildings.

The costs of purchasing and installing post office cabinets are included in the cost estimate for the construction of these homes.

Maintenance, repair and replacement of subscriber mailboxes are assigned to the owners of residential buildings or housing maintenance organizations that ensure the safety of residential buildings and their proper use, and are carried out at the expense of the owners of residential buildings.

At the same time, subscriber mailboxes are understood as special cabinets with lockable cells installed in residential buildings, as well as at delivery areas, intended for receiving mail by addressees (Article 2 of the Federal Law of 17.07.1999 N 176-FZ).

Consequently, post office cabinets are included in the common property of the owners of premises on the basis of the law.

Regarding the absence of conditions for the maintenance, replacement and repair of subscriber mailboxes in the management agreement for an apartment building, it is necessary to clarify the following.

According to the legal position of the Supreme Arbitration Court of the Russian Federation, set out in the Resolution of the Presidium of September 29, 2010 N 6464/10, all current, urgent, mandatory seasonal work and services are considered stipulated in the contract by virtue of the norms for maintaining the house as an object and must be carried out by management companies independently on whether the contract mentions the relevant specific actions and whether there is a special decision of the general meeting of owners of premises in the house on the need for their implementation.

As judicial practice shows, in particular, the Resolution of the Federal Arbitration Court of the Central District of January 30, 2014 in case N А36-2067 / 2013, Resolution of the Twentieth Arbitration Court of Appeal of 04/08/2014 N А54-5306 / 2013, this position applies , including, in the case of consideration of cases on appeal by management organizations of decisions on bringing to administrative responsibility for improper maintenance of subscriber mailboxes in apartment buildings.

The mess and darkness in our entrances have long become a household name. Many residents of Russia are faced with broken locks in mailboxes and broken light bulbs on the floors. Advertisements and leaflets are posted on the entrance door and in the elevator. How to overcome all this mess, we will tell you in this article, and we will explain in detail the ways of filing a complaint.

What to do if your correspondence box is stolen or broken

When newspapers and letters disappear from the mailbox due to the fact that it is broken, or it disappears altogether, we do not even think to contact. As a rule, we go to the store, buy a castle and change it ourselves or with the help of a hired locksmith. But it doesn't have to be that way.

Who is responsible for the mailboxes at the entrance

So, the mailbox at the entrance is broken: where to go to replace it?

Mailboxes in apartment buildings are part of the common property and must be maintained by the management company. If the lock in the door has broken, and everyone has access to your correspondence, contact the housing department, they are obliged to fix everything.

It is best to apply to your home service company in writing. Moreover, it is desirable to record the complaint in the book of incoming notifications.

But it often happens that housing departments do not react to your request in any way, and nothing has changed at the entrance since the mailbox was broken or stolen. Then you need to act in radically different ways.

We make a complaint

The organization that controls the work of "communal services" is called the State Housing Inspectorate. Contacting there significantly complicates the life of housing and communal services employees.

We will tell you how to correctly draw up a complaint statement for a broken mailbox:

• we write the last name, first name and patronymic in the right corner of the upper part of the sheet. We indicate all our contact information, including email;
• in the title we must write "a statement of an administrative offense under Article 7.22 of the Administrative Code"
• then follows the text of the complaint indicating the address at which the box was broken and a link to the Order of the Ministry of Regional Development of the Russian Federation;
• at the end of the text, we appeal to the inspector with a request to conduct an on-site inspection and issue a resolution on elimination. We also ask you to punish those responsible.
• we put a signature and a number.

Complaint about light bulbs in the entrance

Complaint about light bulbs in the entrance - 1

Complaint about light bulbs in the entrance - 2

Complaint about light bulbs in the entrance - 3

If you decide to fight those who steal light bulbs in the hallways without housing and communal services, then we advise you to watch the following video first:

Is it possible to post ads at the entrances? Read on for more details.

Notices are posted at the entrance

Pasted ads on the walls of the entrance and the elevator car are equated with dirt. And pollution in the common areas of apartment buildings is obliged to eliminate the ZhEK, and no one else.

Where to contact?

You should act in a situation when you have overcome the papered walls in about the same way as in other similar situations. Often, the "communal services" cannot be caught by anything other than the influence from above.

We turn to the State Housing Inspectorate and Rospotrebnadzor. The housing inspectorate is responsible for overseeing organizations that work in the housing sector, and Rospotrebnadzor is responsible for protecting consumer rights. And you are, if you pay utility bills.

We make a complaint and act

We write the statement like this:

• in the "header", which is filled in in the upper right corner, write your full name and registration address. Do not forget to indicate all contact details;
• further we indicate the following text: "a statement of violation of the rules of content and";
• describe the nature of the complaint (briefly and to the point). Be sure to indicate the address at which poor-quality services are provided and refer to paragraphs 4.2.3.9 and 4.2.3.13 of the Rules and Norms for the Technical Operation of the Housing Stock;
• we ask the employee of the housing inspectorate to conduct an inspection, punish the perpetrators and issue a resolution on elimination;
• signature and date.

Regarding the order of actions, let's say, it is exactly the same as for the violations we described earlier in this article. Do not forget to complain to higher authorities in case of the negligent attitude of "utilities" to their direct duties. After all, you pay for the services of house management companies on a monthly basis.