HOA Has No Right To Check How Many People Live In An Apartment !

A53-2613/2010 Court dismissed the claims of society on the Recognition and illegal cancellation of management to involve society in the administrative proceedings under Part 2 of Article 14.8 of the Administrative Code of the Russian Federation in the form of fines, as society as a contract to manage the apartment building including conditions that infringe upon the rights of consumers (recovery) at the company that manages the apartment building, has been fined for inclusion in the contract conditions infringe the rights of consumers (tenants of the house). She appealed to the court. The District Court found the imposition of a fine and have a legitimate following. According to one of the conditions of the contract management company was entitled to a utility payments on the number of persons living in the apartment. This right arises when determining the fact of her residence in an apartment sobstvennikalits not registered in this room, and the non-payment for them platy.Pereraschet made after appropriate verification, making the act owner. As pointed out by the district court, the management company not entitled trebovatzaregistrirovat citizens living in the accommodation and check the facts . Accordingly, she had no right to include such a condition vdogovor to manage the apartment building.

| January 29th, 2011 | Posted in General |

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