Posts Tagged ‘Housing law’

So our advice to you – do not be fooled by low prices of services offered. Turning to the news agency, lose money and vremeni.Kak accurately furnished apartment for rent Sochi apartment can be "first hand" that is, from private individuals. In this case, the first thing you need to check with the owner of the title documents that prove his ownership. Such documents may include: certificate of ownership, the contract of inheritance, gift agreement, contract of sale, barter, power of attorney from the owner the right to dispose of housing. But most importantly – check the owner's passport – because it is the only document proving his identity.

The second thing to check, how many owners has dealt to an apartment. And if the documents prove that some owners of housing, be sure to get the written consent of each of them. This way you will protect yourself from future trouble. The third important point of renting an apartment, it's knowing your neighbors. Let the owner presents you with your future neighbors. So you be able to personally verify the sincerity of the owners and the authenticity of documents. Then, it is important to discuss with the owner of all the details and to register them in the contract.

Even the seemingly frivolous little things can become a subject of controversy and litigation. It should be very careful, because no one is immune from fraud. But if you are not legally savvy and do not want to become the next victim of fraud, contact the real estate agency. Since rental housing – it is not easy, it's always a risk. In contrast to news agencies, real estate is always working with real clients, their base is continuously updated proposals. As a professional agency real estate client will offer a qualified estate agent, personal agent, whose responsibility it is to help you find an apartment.

2. Based on the provisions of the Housing Code and Law on the Implementation of the Housing Code, the state registration of availability, of a right of common shared ownership of real estate, restrictions (encumbrances) of rights shall also be submitted: documents on the formation of state authority or local government land, on which the apartment building, if the land was formed after the enactment of the Housing Code; decision of the general meeting of owners of premises in apartment house on the formation of the land on which the apartment building is located (if the land on which houses and other residential building are part of such a home object real estate, is not formed before the introduction of the Housing Code); plans of real estate, including the cadastral plan of the land on which the apartment building is located, as well as document technical account of an apartment building that contains information about the composition of the common property in an apartment house document testifying to the moment of formation of land for multi-family apartment building. In If implemented changes in the composition of the common property of apartment house, on the state registration of the agreement submitted reduce the size of the common property of all in an apartment house owners of premises in the house by his reconstruction (including adherence to the case of public spaces to the composition of the apartment); decision of the general meeting of owners of premises in an apartment building on reconstruction of an apartment building (including its extension or superstructure) construction of farm buildings and other buildings, structures and facilities. Where necessary, disposal of common property apartment building, the state registration appear The general meeting of owners of premises in an apartment house on the limits of use of land, which is located apartment building, including the imposition of restrictions to use it, if such a restriction (encumbrance) the right of common shared property subject to state registration decision of the general meeting of owners premises in an apartment house on the transfer of the use of common property in an apartment house, if the state registration shall be subject to restriction (encumbrance) the right of common shared ownership of the object real estate; an agreement on a new encumbrance of land restricted the right between the person claiming such an encumbrance of land, and owners of the premises in an apartment building, if State registration is subject to restrictions (encumbrances) of rights of common shared ownership of the property.

If possible, indicate the extent of damage to property. 2. The cause of flooding. The instrument should indicate that led directly to the flooding (left unattended sink or bathtub in the above apartment; unclosed valve; flow in the riser heating flow in radiator heating in the concrete to flow plumbing fixtures, etc.) 3. Causal link between the identified cause flooding and damage occurring. The act should clearly reflect that damage apartment, caused by flooding, have discovered precisely because of leaks. It is important to know that the act is signed by all committee members.

In case of failure of any of the committee members to sign the act is done about it corresponding entry. Act sealed the organization, which manages this apartment domom.Posle making the act of flooding the apartment to identify the culprit in the flooding. Regulations laws allow us to formulate the following rules to determine the perpetrators of flooding. Risers for hot and cold water up to the first disconnecting the device or shut-off valve adjustment, Located on the branches (outlets) of the riser in the apartment (including the devices and valves), responsible organization that manages this apartment building. But for all that lies (attached) in apartment after the said disconnecting device or shut-off valve adjustment, the apartment owner is responsible (ie, all plumbing fixtures, faucets, wiring, etc.).

During the heating system, including struts, heating elements, regulatory and locking hardware, as well as other equipment located in these networks, responsible organization that manages this apartment building. The exception is cases where the owner is self-made repair or replace elements of the heating system. In this situation, for to repair or replaced elements responsible owner of the apartment. Accordingly, the guilty will be flooding upstream or apartment owner, or organization that manages the apartment building, depending on who is responsible for the element in which there was a leak, which caused zatopleniya.Posle determine the guilty party brings a claim for damages caused by flooding.

About "The Family Lawyer" says lawyer Western Bar Moscow Inutin AM Whatever the event may occur in a person's life and family – they are all somehow related to legal matters, marriage and birth children, purchase of property, use and dispose of them, obtaining loans, hire nannies, housekeepers, jobs, the need to recover damages if an accident, insured event, inheritance, problems with law enforcement agencies … When solving problems in life happens to everyone, you need legal advice, which can not be replaced by the advice of friends or neighbors. In my practice, lawyers are confronted daily with so that by the time of applying for legal aid clients admitted mistakes, which seem to him at first insignificant result in the loss of assets and contingencies. It happens so that the rights of bona fide man, who displayed inappropriate levity or trust, for whatever reason (missing deadlines, incorrect paperwork, etc.) can not be protected by the courts. Before making any decision always helpful to consult with a professional-lawyer, but employment and higher prices for legal services do not always allow time to obtain legal advice.

Conclusion of a contract under the program, "family lawyer" removes these difficulties. The task of the family advocate – in a timely manner to provide legal advice and thus ensure the safety of all family members, conservation and sustainable management of their property. Features "Family advocate" that the trustees are lawyers all family members listed in the agreement, each of them has the right to use his help. Trustees shall have the right to call the family lawyer at any time and obtain prompt advice on any issue. Family lawyer familiar with the composition of the family, its members, their occupations and interests available to the family estate, previously informed about the transaction, stores important legal documents. This awareness provides a high level of legal assistance provided.

In the event that the testator (the deceased) did not leave behind a will, the adoption of the inheritance is in accordance with the law, namely the third part of the Civil Code. Legal heirs are called to inherit a sequence. According to the civil code, children, spouse and parents are the heirs of the testator of the first stage, grandchildren and their descendants inherit by right of representation – the share of an heir under the law of the deceased to opening of the inheritance, or simultaneously with the testator passes to its respective successors. If there are no heirs to the first turn, then enter the heirs inherit the second stage: the full and not be the full brothers and sisters of the testator, and grandparents from the father and mother, and nephews and nieces of the testator shall inherit by right of representation. Heirs of the third (in the absence of the first and second stage) uncles and aunts are deceased, and cousins inherit by right of representation. Eesli heir left behind a will, and it did not get the persons entitled to a compulsory share of inheritance, such heirs are entitled to a compulsory share of inheritance. According to Art. 1149 Civil Code, minors or disabled children of the testator, his spouse and parents of disabled and incapacitated dependents of the deceased to be calling for an inheritance osnovaniipunktov 1 and 2 of article 1148 of this Code, shall inherit, regardless of content testament of at least half of the share, which would be due to each of them at inheritance by law (mandatory share). For the inheritance should go to a notary public, a statement of the entry into an inheritance, as well as to provide documents proving the relationship to the deceased (Eg, birth certificate, certificate of marriage), and pravoustonavlivayuschie documents for inherited property (for example, a contract of sale, donation, privatization, etc.).

If there is right on the premises, located in a multi-apartment building on the foundations of civil transactions, other grounds provided by law, the duration of the Housing Code of the Russian Federation and under the multi-family residential building shaped plot of land, the right to such land owners of the premises occurs after the state registration of ownership of the premises or the date fixed by the law for some reason the acquisition of rights to immovable property. If the plot had been formed before the entry force of the Housing Code of the Russian Federation (01.03.2005 year), the right of common ownership arises from the entry into force of the Housing Code. Moment when the right of common shared ownership of other property of an apartment building is defined by the moment of the ownership of the premises in a house or, if you create such property – from its inception in the case of the existence of human presence in space in a building. If the property existed at the time of the introduction of the Housing Code of the Russian Federation, the right common ownership of such property occurred since the introduction of the Housing Code. Share in common ownership to common property in the apartment house owner of the premises in this house should be the fate of property rights on the said premises, with the transition of ownership to the room in an apartment house share in common ownership to common property in the house of the new owner such facilities equal to the share in common ownership for a specified total assets of the previous owner of the premises. Share of ownership in the common property of an apartment building Share common ownership to common property in the apartment house owner of the premises in this house is proportional to the size of the total area of this room, if taken prior to entry into force of the introduction of the Housing Code of the general meeting of owners of premises or other agreement of all parties share ownership of common property in an apartment building not otherwise share in common law Ownership of common property in an apartment building owner in the room communal apartment, located in the house, is proportional to the sum of the sizes of the total area of this room and determined in accordance with share in common ownership to common property in a communal apartment of the owner of floor space, constitute the common property in the apartment.

Awareness of the decisions and actions of the HOA's public actions and decisions of the HOA management – one of the guarantees of the rights property owners, therefore, appears to be the first thing the apartment owners should get – transparency of the HOA. The right of citizens to access information is fixed, in particular, Art. 8 of the Federal Law of 27.07.2006 149-FZ "On information, information technologies and data protection. " Housing legislation mandatorily provides for making available to owners of residential premises the following information. First of all, it's about general meetings.

In accordance with paragraph 4 of Art. 45 LCD Russian owner, on whose initiative convened a general meeting of owners of premises in an apartment house, is obliged to inform the owners of premises in the House of such a meeting no later than ten days before the scheduled date. Message sent: Each owner of the premises in the home by registered letter, if the general meeting of owners of premises in This house does not stipulate a different way of sending this message in written form, or delivered to each owner in the room for painting the house or placed in a room of the house, so a particular solution and accessible to all owners of premises in the house. The announcement of a general meeting of owners of premises in an apartment building should include: 1) information about the person who convened at the initiative of this meeting, 2) form of this meeting (meeting or absentee voting), and 3) the date, place and time of this meeting or in the case of this collection in the form of absentee voting deadline for accepting making the owners on matters put to a vote, and the location or address where such decisions must be passed, and 4) the agenda of the meeting, and 5) the order of access to information and (or) materials, which will presented at the meeting, and the location or address where they are available.

The culprit is not an admission of guilt and does not agree with the amount of damages in this case, the victim is usually very hard to solve the problem and get redress. For the successful resolution of situation, we strongly recommend that you immediately contact the law firms in Almaty and organize the participation of a lawyer from the moment of fixing the fact of the bay. If for any reason, it is not possible, then the owner apartment to a series of actions aimed at fixing the incident and collect evidence. Correct and timely actions committed by the evidence and help in the future to effectively protect their rights and interests. In particular it is necessary: Call Representatives CSC / CSR and the right to make the act of examination rooms on the fact of being flooded.

The act of flooding (the Gulf of flow) recommend the apartment to issue as soon as possible after the flooding of the apartment. Drawn up in any form, either in the form established by the CSC / CSR. The Commission in the preparation of an act of flooding the apartment should include: – the owner of the submerged apartment, or its representative (lawyer) – the owner or the owner (eg, employer) of an apartment from which there was flooding (flow) – representatives of the organization, which manages data apartment building (it could be CSC, PSC, or any other management company). It is desirable that these were the chairman of the organization and the technician (plumber). In the act of flooding (the Gulf of flow) flat commission must be fixed: 1. The fact that flooding and property damage. The instrument should reflect exactly where flooding has occurred (flow), the volume of flooding and flooding caused by damage (size of damage paint (whitewash) the ceiling or ceiling or other ceiling coverings, wall coverings the size of lesions (wallpaper, painting, etc.), a detailed list of damaged property (Furniture, appliances, books, etc.) with the identifying characteristics of the property (for example, make and model of damaged televisions, audio systems, etc.).

I would also like to draw attention to military personnel and their families. This category of citizens are sometimes faced with the problem that the military units where they served and lived, currently disbanded, and along with them and managing public organizations. In this case, the number of queries will be more from KECh, commandant of the settlement and ending the Central Archives Russian Armed Forces. And yet the fact that you will receive the necessary documents. Very often in such cases, we have to go to court to establish that you did not participate in the privatization.

Here, people often MINORS faced with several problems. After the birth of a child for a long time was not recorded anywhere at all, despite the fact that all this time he had grown up with her parents, who now have decided to privatize their housing. If at the time of privatization of the child is still not registered you, you will still be able to privatize their housing but without the participation of the child. Most often required to confirm the fact that during the period from birth until register the child does not participate in the privatization at another location. And here you direct road to the court. But before you go to court in any case have to collect all the documents, contact the administration, to be refused and is only then go to court. Together with a claim to court, you still have to get proof of what your child does all this while living with you (this may be of help attending physician, from nursery schools, kindergartens, schools, the testimony of your neighbors, and a certificate from TIB on the non-participation in privatization). Another situation where the parents before they privatize their housing discharged minor child from his apartment, for example in the apartment of his grandmother.

In this case, while a child does not acquire ownership in the apartment of his grandmother, the administration nezaklyuchit privatization contract with you. And then they failure would be quite legitimate, "can not even walk to my grandmother." You either need to register in the apartment and include it in the privatization, either (well, if my grandmother would agree) to allocate a share in ownership of the apartment grandmother. DAY FIRE Consider another situation. You have collected the documents and submitted them to the administration of your report, for example, that in 2003 a court in your apartment was discharged oz. Ivanov, and then you will require to show that court decision (usually in the door-to-door cards in the column where the note withdrawal from registration if the person was discharged by the court, and write "by the court.") In this case, if you have not saved it, you can get a copy of that court, where the case (if you were party to the proceedings). If that person by the court was declared missing, the administration refuses to you in the privatization of apartments on the grounds that, although his place residence (stay) is unknown, it does not deprive him of civil rights. In this case, to privatize their environment, you must go to court with claims for recognition of ownership of an apartment, or with statement on the recognition of a missing citizen dead. Practice shows that in most cases considered problems can be resolved only in court. If you have questions you can naprimuyu contact me.

So, in 1986, a citizen was sent to work. As an intern he was immediately taken to an apartment allowance for housing. After that, he was granted a temporary stay accommodation in a hostel with small families, total area of 35.5 sq. km. m. In 1998, the national housing free privatized. Family citizen consisted of 4 men who up to this time it actually live.

On this issue, a private lawyer and the lawyer has provided legal consultation. Rules of registration of citizens in need of better housing, and providing them with accommodation in the Ukrainian SSR of 11 December 1984 470 established that the housing of citizens is carried out within 13.65 square meter of living space per person, but not less than the average level of security of citizens living area in this village. The premises provided for citizens of all family members who are with him on the housing lists and to children born after its capture on record, and his wife (husband), who later moved in to the living space occupied by spouses who are registered. It follows that provided premises does not meet the established requirements, and the citizen and his family are still in need of better housing conditions and housing. Paragraph 54 of the Rules also provides that, in some cases at the request of citizens, consisting on the housing register (especially those that occurred on the order of housing), and the citizens enjoy the right of the extraordinary housing, in order of time to improve their living conditions may be granted to premises are smaller than the average level of providing citizens with housing in the locality while preserving the right of residence, respectively, registered in the lists or the list pervoocherednikov vneocherednikov. Thus, for such premises does not entail removal of the citizen with the housing account and does not remove the obligation to ensure its housing that meets the requirements of Art. 48 and 50 of the Housing Code of Ukraine.