The Payment for Maintenance and Repair of Common Property in an Apartment House: The Amount and the Order of Establishment in a Homeowners Association

Abstract

The article considers the problem of obligation of annual establishment of the amount of compulsory payments for maintenance and repair of common property in an apartment house by the homeowners association, comprehensively analyzes the provisions of housing legislation in this sphere and judicial practice. The authors conclude that the existence of one and the same amount of the payment for maintenance and repair of common property in an apartment house during several years is quite acceptable from legislator’s point of view, and the applying of amount of compulsory payments, which are previously established by general meeting, in the process of preparation and approval income and expenditure estimate of homeowners association for the current year can be the way to determine this amount by management bodies of the homeowners association.