Until now, the organization and activities of associations of mechanical workshops, as well as the rights and obligations of their members, have not been regulated in any way.
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Russia has a new law on garages. It was signed by the President on Monday, July 24. The document will enter into force on October 1, 2023. And it is about garage associations, which people of the old Soviet school are more familiar with under the name “garage cooperative”.
In most cases, such garages are already subject to the current “garage amnesty”, according to which such real estate can be registered as property together with the land under a simplified regime. Why another law?
– Neither in Soviet times, nor in the post-Soviet period, we did not have a single legislative act dedicated to garage associations. Now there is no management scheme in this matter, there are problems with the use of common property belonging to members of garage associations. The bill is designed to clean up garages and protect the rights of their owners, says Pavel Krasheninnikov, head of the State Committee on Construction and Legislation of the State Duma.
– The so-called garage amnesty law establishes a simplified procedure for registering the ownership of a garage with a lot under it and slightly regulates some other aspects. But in general, the organization and activities of garage associations, as well as the rights and obligations of their members, were not regulated in any way, Alexander Zhalnin, a legal expert at Goebel and Partners consulting group, told KP.RU. – In practice, this gave rise to a large number of questions and the emergence of various kinds of disputes.
An example of typical problems is when garage owners clutter a common area with something, making it difficult for neighbors to walk through. And why not, if this territory seems to be a draw. Or another eternal problem – all general problems are solved solely on the principle of “as the president said, so be it”, and often on a voluntary basis.
What will change?
1) What is a “garage” and how many floors does it have?
The new law defines the concepts of “garage purpose territory” (this is the usual version of the “garage cooperative” – a site with rows of garages), “garage complex” (a newfangled multi-storey garage with parking spaces) and “garage”.
And about the most interesting. garage is:
– a non-residential building intended solely for the storage of vehicles,
– you can have a basement and no more than two ground floors (i.e. the garage, not the “garage complex”),
– on the territory of the purpose of the garage, garages can be independent and locked – have common walls with other garages in the same row, as well as a common roof, foundation and communications.
2) Who is the owner of the “common goods” and the territory
The common property in the territory of the garage destination and in the garage complex will now belong to all the owners of the garages or parking spaces located there, on the basis of shared common property right.
What is included in this property is very specifically detailed in the law. For example, in a garage area, this is, in particular, the general infrastructure (gates, fences, technical platforms, etc. In a garage complex, this includes technical floors, stairs, elevators, electrical equipment and other communications).
– Under the new law, each garage owner receives an ownership interest in the common property. Its size will depend on the area of the premises owned by the owner, explains Alexander Zhalnin. – The assignment of a share automatically grants certain rights to the owner of the garage. First of all, it is an opportunity to participate in the joint management of the commons. Second, the right to protect his interests. For example, now none of the owners of premises in a garage cooperative will be able to use the common territory solely in their own interest if this violates the rights of other owners. The responsibilities are also written. In proportion to their share, each garage owner must share in the payment of taxes, fees and other expenses related to the common property.
IMPORTANT
Garages in private lots and parking spaces in high-rise underground parking lots are not subject to this law; other rules apply to them. In particular, everything that is found within the residential complexes is regulated by the housing legislation.
Shells also do not count, they do not belong to real estate at all.
