Summary:
Don't pay for an intercom: I was able to get an intercom company to connect my apartment phone without a monthly fee. The story of how Svetlana from Evpatoria faced the arbitrariness of a company that established apartment building intercom. Without concluding an agreement, her apartment pipe was turned off for non-payment. But after contacting the housing inspectorate, the prosecutor’s office and the police, the intercom operators apologized and connected everything back.
Hello, my name is Svetlana. I constantly have to challenge the opinions of government and commercial organizations who are trying to “pinch off” from ordinary people. The topic of paying for an intercom system periodically worries conscious citizens; we encountered this issue in 2018 after installing an intercom system in a new apartment building (MCD). Why did they turn off our apartment intercom? A meeting of homeowners in the apartment building was held, at which, by the decision of the residents, they purchased a “locking device” and included it in the common property of the house. After this, representatives of the intercom company visited the apartments to conclude individual maintenance contracts. These agreements provide for a two-time inspection of the intercom every year and repairs, if necessary.
Installation of a locking system
We are already accustomed to the fact that each product comes with an “additional guarantee”, “ service maintenance" and other dubious services, so we clarified why we need maintenance during the warranty period. They didn’t answer us anything intelligible, we didn’t sign the contract, but three months later our apartment pipe was turned off “for non-payment.” We had to thoroughly understand this issue, let's start with theoretical provisions. It is important! Which public utilities may be disconnected for non-payment. Do they have the right to charge for an intercom: the legislative framework. According to Art. 37 Housing Code of the Russian Federation “owner’s share in common property MKD is proportional to size total area of the specified premises” – we immediately see that the fee for an intercom should theoretically depend on the size of the apartment. Art. 39 continues: “the share of mandatory expenses for the maintenance of common property in an apartment building, the burden of which is borne by the owner of the premises, is determined by the share in the common property.” Why then does everyone pay the same? (Spoiler: it’s more convenient for intercom operators.) Further, according to Art. 154 “payment for residential premises and utilities includes: payment for the maintenance of residential premises, which includes payment for services, work on managing an apartment building, for maintenance and Maintenance common property in an apartment building, for utility resources consumed during the use and maintenance of common property in an apartment building.”
The costs of current repairs are included in the payment for residential premises
This means that all expenses necessary for the repair and maintenance of doors, windows, barriers, intercoms must be paid from the funds collected by the Criminal Code or TSN “for the repair and maintenance of common property.” They can refuse this, citing the fact that they do not have specialists or have not concluded an agreement with a specialized organization, which means that they can look for it and conclude it, this is their direct responsibility. In any case, the list compulsory work and services can be approved for general meeting residents. The most important thing in Art. 156: “payment for the maintenance of residential premises includes payment for utility resources consumed during the use and maintenance of common property in the apartment building.” This means that the intercom system operates from the general house electrical network and has nothing to do with the installation company, its operation does not depend on outside action or inaction, so why pay every month? Let's look further at Decree of the Government of the Russian Federation N 491 “On approval of the Rules for the maintenance of common property in apartment buildings,” which confirms the above concepts. Clause 2 states that the intercom, as equipment serving more than one premises, meets the criteria for common property in an apartment building. Clause 28 states that apartment owners pay through rent the costs of maintaining common property in proportion to their shares in the common property. Additionally: Letter N 30665-IB/14 of the Ministry regional development answers that the intercom fully corresponds to the characteristics of common property. The same is in Letter N 10686-AT/04 of the Ministry of Construction and Housing and Communal Services: the common property includes landings, stairs, corridors, technical basements, other equipment that serves more than one residential premises in an apartment building.
How it happens in practice
The following argument is often given: the intercom can break, indeed, just like a railing or a door, the repair of which is much more expensive. But this “insurance” is provided in the amount of the rent. By the way, many management companies are in no hurry to hold meetings to officially include the intercom as part of the common property, then they have the right to additionally include its repair and maintenance in payments. Device repair is a responsibility management company Sometimes representatives of intercom companies at a general meeting persuade residents to make a decision on the mandatory conclusion of an agreement for the provision of technical services or a “subscription fee”. Sadly, then you will have to submit or initiate a discussion of the issue at a general meeting in order to terminate the imposed contract. But most often the following options are implemented: apartment-by-apartment maintenance contracts are concluded; in the absence of an agreement, residents simply pay according to the subscription book, which is considered acceptance and fulfillment of the terms of the agreement between the service provider and the consumer. But we are not serfs of intercom organizations, so we have the right to terminate the concluded contract and refuse maintenance by simply sending a registered letter (with notification) to legal address. Then the fun begins: if maintenance is refused or the contract is terminated, the intercom technicians begin to misbehave and turn off the apartment pipes. We remind you. This is your equipment, paid for during installation, which operates using the public power grid and does not require the support of outside organizations. Intervention by unauthorized persons in its work is strictly unacceptable; this is called “damage to property.” After all, installers washing machine They don’t cut your hoses for turning it on and using it. Material on topic! Why are utility tariffs constantly growing? Where to go if the handset is disconnected for non-payment. At first, we went to an intercom company and wrote an application to refuse technical services that we did not ask for, and to connect the handset back, although this is legal nonsense: after all, at the meeting we just turned on the intercom common property, but were not obliged to enter into contracts. Moreover, there is a vicious practice when exactly those residents who have an apartment handset pay for the intercom, and the rest simply use a chipped key for the door to the entrance. Although this is where breakdowns most often occur. In practice, the locking device breaks more often than the tubes. But this did not help us, we had to use proven methods (all in in electronic format without leaving home): an application to the housing inspectorate. Appeal to the housing inspectorate through State Services, application to the prosecutor's office. Applying to the prosecutor's office and filing a police report for arbitrariness (Article 330 of the Criminal Code of the Russian Federation) and damage to someone else's property (Article 7.17 of the Code of Administrative Offenses of the Russian Federation). Contact the Ministry of Internal Affairs. It is better to first write the application in Word, then copy it or send it as an attached file. For reference! Complaints can be filed with these same organizations against the homeowners association for poorly performed work. Unfortunately, we did not find out which authority acted on the intercom operators, but they called us back a couple of days later and connected everything back. At the same time, they asked us to withdraw the statements sent out, which we did, like respectable citizens. Judicial practice By on this occasion in our city there is no (Evpatoria), although there are court decisions for the benefit of residents in other regions.
Finally, let’s do a quick calculation: one entrance for 100 apartments for 50 rubles. for a month it will be 5,000 rubles, for a year - 60,000 rubles, and for 10 years - 600,000 rubles. – half a million rubles for “intercom service” in one entrance.
The point of this story is not to “not pay on principle,” but to consciously participate in the formation of the market for utilities and housing services.
The issue of the need for a video intercom in an apartment has been considered for several years now. Previously, such funds were available exclusively to wealthy people, but with the development of technology and cheaper production, as well as overall growth income of the population, this device can be purchased by any interested apartment owner. Therefore, the problem of its relevance today is more acute than ever.
"Pros and cons"
The debate between supporters of the device and its opponents continues unabated. What arguments do the parties make and how weighty are they?
Opponents note that this device is just an unnecessary toy that the apartment owner will play with for a while and forget about, like many other technological innovations. The same smartphones are used as an example. After all, most people do not use even 30% of all their capabilities.
However, there is a weighty argument here from supporters of video intercoms. Of course, such equipment can be considered as a toy, but in fact, comparing this technology with a smartphone is not entirely correct.
Indeed, modern phones have a lot of functions that we don’t use. But none of them concerns our personal safety or the protection of loved ones. A video intercom allows you to control access to the apartment. Accordingly, this is not just a toy, but a very useful device, which sooner or later will save property and more.
Yes, modern video intercoms have a lot of functions that may seem really useless at first glance (by analogy with the same smartphones), but this is a matter of taste. In addition, such equipment is developed and constantly modernized, including with the participation of security experts. And if they believe that, for example, a modern video intercom should record, then there is some truth in this.
Another argument against using video intercoms is that most people durable doors and a peephole installed. This allows you to contain the intruder and see the visitor.
However, ordinary eyes are always visible. And the camera in the call panel is invisible. Some visitors will not even know that the owner of the apartment can see them. An ordinary peephole can easily be closed with a thumb or chewing gum. This maneuver negates its advantages.
Finally, the video intercom, thanks to the use of infrared illumination in the call panel, allows you to see the visitor at any time of the day and in any lighting. A standard optical eye does not have this luxury. If the entrance is dark, its efficiency is 0.
There is also an opinion that the money spent on a video intercom could be saved to install a more sophisticated alarm system. But this point of view also does not stand up to criticism. The fact is that the alarm works when the owner is not at home. The video intercom provides security at the moment when the owner of the apartment or his household members are inside.
Apparently, none of the opponents’ theses modern technologies does not stand up to criticism. And in fact, with the installation of a video intercom, many solve security issues once and for all. Such devices are reliable, durable and easy to use. Elderly people or children can be taught how to use a video intercom.
Prices for housing and communal services are growing every year, so owners of premises in apartment buildings want to know what they are paying for, which services are included in the receipt legally, and which services are being profited from by unscrupulous management organizations.
One of the services that consistently raises questions among residents is the installation and maintenance of an intercom. We will tell you what is the procedure for installing an intercom in an apartment building and in what cases the management organization has the right to charge a fee for it.
Intercom - common property of owners of premises in apartment buildings
The management organization, under the agreement for the management of an apartment building, undertakes to provide the owners of premises in this building with work and services for the proper maintenance and repair of common property (Part 2 of Article 162 of the Housing Code of the Russian Federation).
The composition of the common property of the owners of premises in an apartment building is established by clause 2 of Decree of the Government of the Russian Federation of August 13, 2006 No. 491. It includes:
- inter-apartment landings;
- stairs;
- corridors;
- technical basements containing utilities;
- other equipment serving more than one residential or non-residential premises.
Intercoms in apartment buildings are installed at the entrance to the entrance; they serve more than one room, therefore they are part of the general property of the apartment building. Automatically locking devices for the doors of apartment building entrances are also included in the common property in apartment buildings in accordance with clause 7 of Decree of the Government of the Russian Federation dated August 13, 2006 No. 491.
The procedure for installing and connecting an intercom
Installation and maintenance of an intercom are possible in two cases: such work and services are provided for in the management agreement of the apartment building or the corresponding decision was made at the general meeting of owners (Article 44 of the Housing Code of the Russian Federation). We will tell you separately about the case when a management organization installs an intercom with its own money.
The management agreement for an apartment building may not provide for the maintenance of the intercom as part of the maintenance and repair of the common property of the apartment building. Then, in order to charge fees for the maintenance of locking devices, a decision by the OSS is required, according to which the owners can enter into an agreement for the maintenance of the intercom either directly with the contractor or with their management organization.
Even if the owners of only one entrance plan to install an intercom, to resolve this issue it is necessary to obtain the consent of other owners of premises in the apartment building (Article 36 of the Housing Code of the Russian Federation).
At the general meeting, the owners can decide to include the fee for servicing the intercom in the payment document as part of the fee for the maintenance and repair of common property in the apartment building, according to Art. 155 Housing Code of the Russian Federation. Owners of premises in an apartment building can enter into an agreement directly with a contractor and receive separate receipts for servicing the intercom.
The management organization cannot require owners to pay for the separate service “Intercom Maintenance” (letter of the Ministry of Regional Development of the Russian Federation dated August 23, 2010 No. 30665-IB/14). The Ministry of Construction of the Russian Federation adheres to the same position in its letter dated April 11, 2016 No. 10686-AT/04 “On the maintenance and repair of common property in apartment buildings.”
If there is no decision of the general meeting of owners on installing an intercom or paying for its maintenance, and the management organization decided to install it on its own, it will not be able to subsequently charge the owners for installation and maintenance of the locking device.
Intercom service
Work and services, the provision and implementation of which is required to maintain the operation of the intercom, must be specified in the contract for the maintenance and repair of locking devices, concluded between the management and the contractor. Here is a sample list of them:
- technical inspection of equipment,
- intercom repair,
- visit to troubleshoot intercom problems,
- restoration of communication lines.
The service agreement, at the request of the owners, can provide for a different list of works and services.
If a contractor improperly fulfills its obligations under a service agreement, this may be a reason to refuse its services. A decision to change the contractor can only be made at a general meeting of owners of premises in the apartment building.
There are cases when the intercom does not work for several months, and the management organization transfers a fee to the contractor for its service and includes it in the receipt. In this case, any of the owners of premises in an apartment building can demand that the management organization make a recalculation from the day the intercom stopped working.
Determining the cost of intercom maintenance
Price Maintenance intercom is determined by the contract for the provision of services and performance of work by the contractor. As a rule, contractors themselves set the amount of fees for their services.
The management organization should remember that the amount of the fee for servicing locking devices, which they include in the tariff for the maintenance and repair of common property, must be justified. Any owner can contact the MA and request a transcript of the article on the maintenance and repair of common property apartment building(clause 10, 10.1 of article 161 of the RF Housing Code).
It is much easier to hold a general meeting of owners and resolve the issue of paying for an intercom in an apartment building with the help of.
We'll tell you how legal the monthly fee for an intercom is, whether you can refuse it on your own, and whether you need to pay for servicing the device during the warranty period.
– I’ve seen a lot of videos on the Internet about how intercom companies make money from monthly service fees. At the same time, there seems to be a letter from the government, which says that including the monthly fee for an intercom in a receipt for a utility service is illegal. It turns out that we do not have to pay for intercom service?
Over the past few years, the problem of “intercom” payments has begun to arise more and more often in society. At the same time, questions arise not only about how to terminate the contract with the service company, but also whether the monthly subscription fee is even legal.
According to the letter of the Ministry of Regional Development dated August 23, 2010 No. 30665-IB/14, the intercom is common property in an apartment building, and its maintenance is included in the list and cost of work on maintaining the common property and is the responsibility of the management organization. The same letter states that charging owners for the “intercom service” service is unfounded and illegal.
However, as noted by the head of the Center for Public Control in the Housing and Public Utilities Sector of the Public Chamber Kirov region Sergey Ulitin, the decision to install an intercom and pay for it should be made at a general meeting of owners of an apartment building (), and if it was decided to include this fee in the general utility bill, then this is completely legal. But if the management company independently installed intercoms and subsequently charged the owners for them, then such actions are unlawful.
A similar answer was given by the department of Rospotrebnadzor in the Kirov region: the decision on how to pay for the intercom service is made exclusively at a meeting of homeowners.In addition, there are two more options for charging for the intercom: including it in the line for the maintenance of common property (with a corresponding increase in the amount) or a separate receipt for servicing the intercom.
What is the subscription fee for?
All services that the service organization is obliged to perform must be specified in detail in the contract. If a company does not perform its assigned duties properly, this may be a reason to refuse its services.
Unless otherwise provided by the contract, the subscription fee for servicing the intercom usually includes:
technical inspection of equipment (the timing of its implementation must be specified in the contract);
intercom handset repair;
repair of the intercom installation on the entrance door;
departure to repair the breakdown;
restoration of communication lines.
And here a completely logical question arises: does the service organization have the right to charge a fee for repairing equipment in the event of a breakdown, if residents pay a monthly subscription fee?
According to Sergei Ulitin, if there is a breakdown of the intercom installation at the entrance door to the entrance, that is, the common property of the house, then no additional fee should be charged, since the owners already pay for the maintenance of the common property of the house. As for repairing the intercom handset in an apartment, it all depends on the terms of the contract: if such work is specified in this document, then there is no need to pay additionally for repairs.
At the same time, as the Rospotrebnadzor department clarifies, the service company may not provide special reports on the performance of maintenance each time: the reporting procedure is determined solely by the terms of the contract. That is, these can be either periodic acts on the provision of services (once a month, a quarter or a year, for example), or entries in the accounting book of service companies or any other type of reporting.
– I bought an apartment and received a receipt for some kind of intercom service, although the intercom is common property, and I personally did not enter into any agreements. Well, that’s okay... I called to cancel the contract (I didn’t receive receipts), they told me that this is unrealistic, that it was the entrance that entered into the contract and they personally cannot terminate it with me. How can I terminate the contract with them?As Sergey Ulitin emphasizes, it is necessary to pay for the intercom as a common property if there is a decision of the general meeting of owners. That is, even if you personally did not enter into an agreement with the service company or were against it, but such a decision was made at the meeting by a majority vote, you will still have to pay. However, if we are talking about an intercom in an apartment, then this service can be canceled unilaterally, and then the amount of the subscription fee will be reduced. How much depends on the terms of the contract with the service organization. To do this, you need to notify the implementing organization. At the same time, the company does not have the right to take away the key to the intercom from you, since it provides access to the entrance, and therefore access to housing, and this right cannot be limited. But it is worth highlighting what kind of use of common property, that is, front door and an intercom installation on it, you still have to pay.
– The intercom in the house works terribly, or rather, it doesn’t work at all in the cold: just below 13 - 15 degrees below zero - it doesn’t open the door. Residents' children cannot get home when they come home from school; adults are usually absent at this time. We submitted many requests to the organization servicing the intercom, but the most they did was replace the cover plate. Please tell me how to correctly close a subscription service agreement and switch to repairs after the fact.
If the intercom does not work, and the fee is still charged, residents can request a recalculation from the service organization.
According to Sergei Ulitin, for this you need to submit a corresponding application to writing about the breakdown of the intercom and the failure to take measures to eliminate it within the time period established by the contract. If the organization refuses to recalculate, the owners have the right to challenge its actions in judicial procedure. To do this, you can contact the Kirov region, the prosecutor's office or the court.
If you want to change the terms of the contract or completely refuse the services of this service company and choose another, then such a decision must be made at a general meeting of residents by a majority vote.
By the way, in many cities of Russia there have already been trials on “intercom” issues, and, as practice shows, the court often sides with the residents. For example, positive decisions were made in Moscow, Voronezh, Krasnoyarsk and other cities.
– There is a guarantee for any equipment, including intercoms, and during its period all faults must be corrected free of charge. That is, at this time you can not pay a subscription fee?Guarantee period- this is the time during which the company undertakes to replace or repair equipment at its own expense if a manufacturing defect is detected in it. Usually it is equal to one year. As Rospotrebnadzor clarifies, according to the “” law, an organization is responsible for equipment defects only if their occurrence is not proven due to violations of operating rules, actions of third parties or other force majeure circumstances. In other words, not all breakdowns may fall under warranty, and if your intercom is periodically attacked, for example, by vandals, then this is not the fault of the service company.
However, as Sergey Ulitin notes, there is a broader concept - warranty service. In addition to repairing or replacing the product, it implies the provision of services for additional configuration, adjustment, technical support installed system. Depending on the terms of the contract, the period warranty service can range from three months before three years. And the intercom service fee begins to be charged immediately after the installation of the intercom system is completed and the acceptance certificate is signed. If the contract provides for monthly payment, the first payment is made one month after the start of using the equipment.
Thus, charging a monthly fee for servicing an intercom immediately after its installation does not contradict the law, and the funds collected go to maintaining the system and carrying out other work, that is, warranty obligations are only part of the subscriber service.
If you have questions that you can't find the answer to, send them to us and we'll try to answer them.
As soon as doors appeared in our homes, the question: “Who is there?” began to sound constantly from behind the doors. In order to see the guest, doors began to be equipped with viewing holes, and later with door “eyes”, and even later they were replaced by an intercom. If the guest’s face was familiar to us, the doors opened immediately; otherwise, the usual question was asked.
Intercom – is it necessary or not?
Today's doors have a peephole and a bell by default. However, this was not enough - intercoms appeared. - a device that combines the properties of a telephone and door peephole, so to speak. Let me explain in more detail, now to find out who is behind the door, which, by the way, may be in a common vestibule, you don’t have to shout “who’s there”, just pick up the intercom and ask in a normal voice. Moreover, modern intercoms are equipped with a camera, so in addition to the guest’s voice, you will see the guest himself.
In this article I will try to answer the question of whether an intercom is needed. This article will be useful to those who have not yet made their decision.
So, the following points can speak in favor of installing an intercom.
1. Do you live in multi-storey building and the doors of your entrance are locked with a key. And then guests came to you, using mobile communications they notified you that they were already at the entrance to your house. Now you need to quickly go downstairs and open the locked entrance door and let guests in. Agree, this is extremely inconvenient, especially if in an apartment, even on a short time, need to leave small child unattended. What if the elevator gets stuck... Well, you understand what I mean.
2. You have a vestibule (part of the corridor that is separated by a door) shared with your neighbors. In other words, to see and let your guests in, you need to unlock the door to your apartment, then go out into the vestibule (corridor) and open the door to the entrance.
3. If you have a private house and the area is fenced.
4. If you have double doors or doors with good sound insulation, such that your question is “who is there?” They just won't hear.
5. If you were not at home and they came to you. This point needs to be explained in more detail. Modern models intercoms contain a video camera, which, after the guest presses the call button, begins recording to the internal memory or a removable memory card. After you return home, on the intercom screen you will see a notification about the number of recordings that you can view right there on the screen or on a device convenient for you. I will say even more, there are models of intercoms that will mobile phone send a photo of your guest!
There are only two points that come to mind that can be considered a disadvantage of the intercom.
1. High price devices, especially from point 5 (pros)
2. Some are required construction works(lay wiring, make a series of holes in the wall or door).
That's probably all. Read, think and make an informed decision.