Now the court is considering a dispute between the management company "VB-Service" and their client - the company "Bogazichi", which decided to challenge the invoice issued to them for the maintenance and repair of places public use. According to current practice, the amount for these services of the management company is approved at a meeting of owners and then charged for each meter of personal property (the area of an apartment or office).
“At the general meeting of owners, a tariff for the maintenance and repair of the MOP was approved in the amount of 1,500 rubles. for 1 sq. m. The Criminal Code, through simple calculations, multiplying this tariff by the area of the owner’s premises and the number of months for which it is collecting money, presented the corresponding calculation to the court. The owner's representatives objected, pointing out that if the tariff was multiplied by the owner's area, the result would be a fee for the maintenance and repair of personal property, and not a MOP. In order to calculate how much money each owner owes for an MOP, it is necessary to determine his share in this MOP (the Housing Code of the Russian Federation speaks about this in Articles 37 and 39). With this approach, the costs of maintaining and repairing the MOP for a particular owner are reduced by 7-9 times (depending on the number square meters MOP in each specific case),” says Mikhail Kyurdzhev, partner of the A2 law office, who defends the interests of Bogazichi in court.
According to him, it is fair to use the following scheme. If the area of the house is 10 thousand square meters. m, the area of all apartments is 9000 sq. m. m, and the area of the MOP is 1000 sq. m, then the owner of an apartment with an area of 90 sq. m, it is necessary to determine its share, both in the area of all apartments and in MOPs. Accordingly, the entire calculation can be presented in the form of a simple mathematical proportion: 90 relates to 9000 in the same way as X relates to 1000. Thus, the ratio of areas is 1 to 100, which means that the owner of an apartment of 90 square meters. m should contain 10 sq. m MOP. And exactly 10 sq. m should be multiplied by the cost of the tariff, and not 90 sq. m. m, as suggested by the Criminal Code.
Dangerous precedent
As Kyurdzhev noted, the new case may become a precedent that will cause a wave of similar lawsuits in both residential and commercial real estate.
The courts of the first and second instances supported Bogazichi and reduced the amount of recovery by more than six times - from more than 5 million rubles. up to 950 thousand rubles. However, the decision was overturned in cassation. Now the company is preparing to protest it, said Kyurdzhev.
In turn, the VB-Service company stated that the recalculation requirements were completely unfounded.
“In the court of first instance there was a gross violation of the law, but in cassation everything was corrected.
No precedent has arisen. We do not know whether Bogazici is going to Supreme Court, but I am sure that there will be a similar decision,” the company’s legal service told Gazeta.Ru.
Lawyers have different assessments of the prospects for further development of the case.
“The arguments of both parties, the owner and the management company, essentially boil down to different interpretations of the same articles (37 and 39) of the Housing Code of the Russian Federation, the wording of which is indeed quite difficult to understand and can often be interpreted differently. The level of expenses for maintaining the MOP directly depends on the share of the area owned by the owner himself, and both sides agree on this, but the owner indicates that he should pay less, based on the fact that the management company’s calculations themselves are based on an erroneous interpretation of the proposed legislative framework“, says, Head of Dispute Resolution Practice at IFC Horizon Capital.
In his opinion, the interpretation of the owner in this situation looks more correct, and the arguments presented are more weighty.
However, it is not yet clear which side the court will take, especially since in the event of a choice in favor of the owner, a precedent may be created that will affect the entire sphere of relations between home owners and management companies.
“The court will definitely take such consequences into account,” Itskov is sure.
Criminal Code will be put under the knife
The head of the School of Literate Consumer project believes that if a massive transition to a new payment system begins, the consequences for the property management system could be very dire.
“This is the wrong approach. It is possible to reduce the fee 10 times, but it is stupid to demand from management companies that they do full work for this money. They will simply turn around and leave. Breaking the current system means recognizing that houses should not be managed at all. In fact, we will put the entire criminal code under the knife. But we are entering winter, it begins heating season", he says.
In his opinion, the current practice of charging payments based on the area owned by clients is completely legal.
"Eat general rule that the owner bears expenses in proportion to the share of the common property. But the share of his property reflects this proportion. It is almost impossible to calculate it accurately. How to add up flights of stairs, general communications and roof area?” - asks Kozlov.
Head of Department legal support NP Housing and Public Utilities Control also believes that the existing methodology for calculating payments to management companies is fully consistent with the law.
In turn, Kyurdzhev is confident that the new practice will not harm the Criminal Code in any way.
“We were able to look into the financial indicators of management companies; the difference between the money they collect and the cost of services is huge. So if you reduce payments six times, there will still be enough money left,” the lawyer said.
President of the Society for the Protection of Consumer Rights Mikhail agrees that the requirements to calculate services using the new methodology are completely justified.
“Such questions arise all the time. In my opinion, it is absolutely correct that they are asking to pay based on the share in the common property, and not by footage. No questions arise here; if the owners are consistent in defending their rights, they will win the case,” he noted.
According to the head of the OZPP, after a precedent is created in court, other similar claims may arise. “Tariffs are constantly recalculated, but payments for the maintenance of public areas have not yet been considered in this way. It is quite possible that now they will begin to monitor this area more closely,” says Anshakov.
Many Russians have recently become concerned about what this line in the payment receipt is - “MOP electricity”. This increased interest in most cases is explained simply - the amounts appearing there look quite substantial, and sometimes they are even higher than the basic payment for the used light in the apartment.
First of all, it is worth clarifying that the definition of MOP is as follows: “public places.” That is, in this case we mean electricity spent on lighting:
- landings;
- elevators;
- entrances to the entrances;
- basements;
- attics, etc.
Where did this expense item come from?
Currently, comprehensive reform of the housing and communal services sector is ongoing in Russia. As a result, many enterprises that provide relevant services to the population systematize their own relationships with consumers, which mainly include people living in high-rise buildings.
They carry out their activities on the basis of a government decree issued back in 2006, number 307. This document regulates the organization of accounting for general household consumption of household services. In particular, a rule appeared there according to which it is necessary to charge for electricity not only consumed in apartments, but also used for general needs.
In 2011, the government also adopted another regulatory act (No. 354) systematizing:
- issues of payment for housing and communal services;
- its frequency;
- the procedure for accounting for resources;
- rights, and equally obligations of the parties, etc.
According to Resolution 354, tariffs for the following utilities are also now calculated:
- heating;
- hot water supply;
- electricity.
Thus, since 2011, electricity spent for the common needs of all residents is no longer included in the maintenance of housing and a different standard is used in the calculation.
Accordingly, the cost was entered as a separate line in the bills. Based on the new format, the total consumed services are distributed among the owners or tenants of the premises. However, many citizens still do not have a clear idea of what they actually pay management companies for.
How is MOP electricity calculated now?
Resolution 354 clearly states the procedure for distributing payments for electricity spent on general household needs.
So its consumption is taken into account using one meter, installed specifically for this purpose in each apartment building. Its readings are recorded monthly by representatives of the management company and transmitted to the company involved in the sale of electricity.
Based on these data, actual consumption is calculated by subtracting the total consumption for all apartments. Electricity waste is also taken into account. legal entities connected to the public network. As a result, the remaining volume is considered the electricity of the MOS.
This is where things get interesting. The government decree states that communal kilowatts are divided among all owners proportionally. That is, those who have more people living in their apartment have to pay more.
The state, for its part, introduced a certain standard for electricity consumption by MOP per person. This value may differ depending on the region.
For example, in Petrozavodsk it is 7 kilowatts per month.
What affects the amount of payment?
As experts note, most often the amount charged for MOS electricity is too large due to the following factors:
- consumption without concluding a contract;
- theft of electricity by individuals;
- unauthorized connection to a public network apartment building;
- big total quantity equipment that is the property of all residents;
- accuracy of readings from individual meters and their timely submission;
- wiring condition;
- not enough careful attitude residents to energy resources.
Is it possible to refuse to pay for electricity to the MOP?
First of all, it should be noted that in accordance with the new rules, all power in an apartment building is transferred to the hands of its owners. And this, in turn, entails responsibility for the property.
Next. Electricity itself is by definition a public service. It is provided by the owner of the apartments located in the building. Their legally established duty is to promptly pay incoming bills for the consumption of certain resources.
The amount of the fee directly depends on the data of the common house meter and in total cannot exceed the indicators mentioned measuring instrument. Thus, formally, citizens have no reason not to pay.
Judicial precedents
At the same time, several years ago, citizens living in the city of Livny, located in the Oryol region, managed to prove in court that they were illegally overcharged for electricity supply to the MOP.
Moreover, the claim for management company(Zhilservice) was filed by the city prosecutor's office. Its employees were forced to do this because they received complaints almost every day from citizens living in houses managed by the above-mentioned business entity.
People were sent payments with huge sums, the size of which significantly exceeded the fee for energy consumption in apartments.
It took both judicial and prosecutorial officials a lot of time to study all the documents presented, as well as the current ones:
- standards;
- techniques;
- instructions.
As a result, it was possible to establish that the problem arose due to incorrect application of the calculation formula. The prosecutor's office noted that representatives of the energy supply company took into account the electricity costs declared by consumers themselves, while they should have relied only on the data received from the meters.
Many people receive receipts that include payments for MOP.
What is MOP?
You will learn about this in this article.
What is MOP in construction
The concept stands for “places of general visiting.”
These are the places that are available for general use, i.e. absolutely for everyone.
Such places are the property of the residents of the house. They cannot be sold without obtaining consent. But still, strangers can use them without the consent of the residents.
For example, a guest can stand under the porch of a house in rainy weather or leave your car in the parking lot.
The purpose of these places is the comfort of people. In such places, finishing is rarely done. Their appearance completely unimportant to people.
It should be noted that some people are afraid of such places. This is because incidents from accidents on the roof to robberies in the entrance very often occur in them.
List of MOP
Types of such places:
- Staircase and elevator.
- Corridor for storing things. For example, strollers.
- Attic.
- Garage inside the basement of the house.
- Boiler rooms.
- Fence.
- Roof.
- Railing.
- Porch.
- Light or heating inside the entrance.
- Yard Perhaps a children's or sports ground.
- A riser used for heating apartments.
- General purpose valves or taps.
- Garbage pipe in the entrance.
- Systems necessary for connecting cable television or the Internet.
- Smoking areas.
- Car parking.
- Equipment for general use. For example, a common pump or tools.
- Basement. Not always considered common. Sometimes access to the basement is closed, and the key is located a certain person. Guests will not be able to visit it.
- A pole with a light near the house.
All of the listed rooms or items are necessary to make the residents of the house, as well as their guests, feel as comfortable as possible.
Good to know: in some buildings it is fashionable to see a sign with the new abbreviation “KUI”, which means nothing more than a storage room for cleaning equipment.
Conclusion
In fact, the abbreviation MOP can also stand for “rag for cleaning and washing the floor.” And also as “junior service personnel”. These are workers who perform certain functions.
Watch the video that explains what to do if cleaning standards in public areas are not followed:
According to Art. 39 of the Housing Code of the Russian Federation, owners must maintain their apartments (rooms) and other objects in proper condition. Responsible for the repair of common household property are intermediary companies that have passed state registration and are licensed. Let's figure out what MOP is in an apartment building, how it differs from common property, how maintenance is paid, who should be responsible for the safety of property and carry out repair work.
In multi-apartment buildings, except apartments and non-residential premises, there are places that are available for use (visiting, staying) by all persons living in them. Obviously, deciphering the MOP abbreviation is quite simple. These are public areas. Although, it should be emphasized that not a single legal act contains a definition of this particular concept. It is mentioned only in clause 1.8 of the Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170 “On approval of Rules and Norms technical operation housing stock,” the rest contain the concept of “common property” of an apartment building.
Article 289 of the Civil Code of the Russian Federation states that the owner of an apartment in an apartment building (MKD), along with it, also owns a share in the ownership of the common property of the house (Article 290). Article 36 of the Housing Code of the Russian Federation contains a list of what is included in it. A more detailed one is presented in Decree of the Government of the Russian Federation No. 491 dated August 13, 2006 (last edition dated September 13, 2018).
What applies to common areas
The composition of such property has the right to be determined by the residents themselves and local authorities. It is specified in detail in the MKD management agreement. Here is the main list of the property that is included in the MOP in an apartment building (in accordance with Section I of the Decree of the Government of the Russian Federation No. 491):
- premises intended for auxiliary purposes or house maintenance;
- roofs, load-bearing structures;
- mechanical, electrical, heating equipment that ensures the functioning of the apartment building;
- the land plot on which the house is located;
- territories adjacent to a residential building;
- engineering communications;
- common meters and other property.
Lighting in the entrance, heating of staircase landings, auxiliary premises also belongs to the MOP, payment is made at the expense of the residents, and is maintained in proper condition by the management organization. All work is carried out in accordance with established tariffs approved at the general meeting. Usually they are no lower than those operating at the regional level.
House lighting in an apartment building is paid for at the expense of the owners of apartments and non-residential premises. At the request of residents and if technically possible, energy-saving lamps with automatic control and motion sensors.
Stairs, elevators, corridors, basements and attics must be provided with illumination of at least 20 lux. It is mandatory to install a lamp with a brightness of at least 6 lux above the entrance to the apartment building entrance at a height from the floor of at least 2 m. Such rules are regulated by paragraphs. 5.4-5.6 Resolution of the Chief State Sanitary Doctor of June 10, 2010 (SanPiN establishing lighting requirements, 2.1.2.2645-10).
Rights and obligations of residents of an apartment building
They are specified in detail in the MKD management agreement. Residents can:
- acquire ownership of a part in the common property - together with the purchase of real estate. The share is not allocated in kind;
- control the work of management organizations, check the quality of repairs;
- dispute the amount of the accrued fee for common property;
- by agreement, rent it out and use the proceeds to maintain the apartment building in proper condition.
Residents are required to constantly pay for utilities, including the maintenance of common property and installation of metering devices. They are also required to take care of common areas, other premises and elements of the technical infrastructure of the house.
Some features
Summing up
Maintenance of common household property is the responsibility of the residents. All technical work are carried out by the management company or HOA within a predetermined time frame or as needed. Owners are required to regularly make contributions to the maintenance of the common building MKD property. Disputes with the management organization are resolved in the manner prescribed by current legislation.
Power MOSFET or as it is also called “metal oxide semiconductor”. Three-layer structure of the transistor Metal - Oxide - Semiconductor. It has a number of advantages over bipolar transistors. These properties are expressed both when the transistor operates in linear mode and in switching mode.
Main advantages of MOSFETs
- Instant switching;
- There is no secondary breakdown;
- Safe work is characterized by a wide area;
- High gain.
- Higher input impedance.
- Low power consumption.
- Layout of integrated circuits using MOSFETs involves relatively fewer operations than using bipolar transistors.
Applications of MOSFETs
Use in the design of switching power supplies high frequency as discrete components, in inverter conversion devices and motor speed controllers various types. Their use in the design of high-frequency generators used for induction heating, in ultrasonic generators, audio amplifiers and peripheral devices for computers. The use of transistors in speed controllers is limited to low voltage (connection to batteries) and low power, because the silicon surface can withstand high off-voltage and low voltage drop. open state.
MOSFET Operation
The operating principle of the device depends on changes in the semiconductor electric field, polarization of the insulated gate occurs. This action gave rise to the name of the element as “metal oxide semiconductor”. It is a device in which silicon dioxide SiO 2 was used to make the gate; for modern MOS transistors, polycrystalline silicon is used as a gate material. There are two types of MOSFETs. The first ones have hole conductivity - p-channel. Transistors with electronic conductivity are called n-channel. The channel in these semiconductor devices can be depleted or, on the contrary, enriched with carriers.
Rice. No. 1. Basic structure of a MOSFET with hexagonal topology. The positive source terminal relative to the drain produces current flow through the middle of the source cell via a forward biased p — n -transition. The reverse direction of the transistor is typical for rectifier operation on p — n -transition.
Basic characteristics of the transistor
- Voltage control: ensuring conduction and blocking of the component;
- In the open state (conducting), it is characterized by internal resistance and the maximum permissible direct current.
- In the closed state (non-conducting), the transistor is characterized by the maximum permissible direct voltage (more than 1000V).
- The use of such transistors in speed controllers allows operation at frequencies up to several hundred kHz.
Main types of MOSFETs
- The induced-channel transistor is considered the dominant element in the latest integrated circuits. The device is characterized by a positive threshold voltage, from 0.5 to 1 V.
- MOSFET with integrated channel
Gate Induced MOSFET
Rice. No. 2. a) structure of a MOS FET with an induced channel. b) graphic image.
MOSFET with integrated channel
Such a device has a non-zero current value, called the initial value, while the voltage has a zero value. Operates in depletion and enrichment mode.
Fig. No. 3. MOSFET with built-in channel: a) transistor structure; b) graphic image.
Safety precautions when working with high power MOSFETs
Testing MOSFETs and installing them in a circuit must be done with care. Although the larger capacitance helps absorb static discharge, it can still damage them. When carrying out operations with high power MOSFETs, certain rules must be followed.
- The devices must be kept in special conductive and antistatic containers.
Excessive voltage can penetrate the gate-source oxide layer, leading to failure of the element.
The gate-source transient voltage, which has a negative direction, appears in the presence of the inductance of the trigger isolation transformer; the inductance well separates the gate from the trigger circuit during the transition process. The junction voltage under these conditions exceeds the gate voltage, which also leads to failure. To solve this problem, it is recommended to use, it prevents the gate-source voltage from exceeding the permissible values. One more effective solution To counteract failure, the impedance of the gate circuit will be reduced to the smallest possible value, just to maintain the gate-source voltage rating and maintain transients at a level where accidental switching does not occur.
Zener diode fixes the level positive processes transition, it automatically detects transient processes acting in the negative direction, limits them with its voltage drop having direct conductivity.
Basic rules when using powerful MOSFETs
- Beware of drain-source voltage surges that occur during switching.
- Peak current parameters must not be exceeded
- It is not recommended to operate at an average current value higher than the normalized value.
- It is advisable to stay within the specified temperature limits.
- It is imperative to pay attention to the topology of the circuit.
- Care must be taken when using an integrated body-drain diode.
- You must be extremely careful when comparing current values.
Having enormous advantages, powerful MOS field-effect transistors, when used correctly, serve to improve the design of a system, which, with fewer elements, can be better, more compact, and more functional than similar devices, but of a different layout and type.
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