According to the "Capital of the First Law Center, nearly 90% on contracts for the purchase of apartments in new real estate investors are forced to pay for maintenance and utility costs before the moment when the apartment will go to their actual use. Just how legitimate such contract and whether they comply, says Oleg Sukhov, a lawyer for the Moscow Chamber of Advocates, a leading lawyer "First Capital Law Center." "Developers are wrongly included in the contract items, which impose obligations on shareholders to offset the cost of construction companies related to the cost of maintaining a dwelling house and the time the apartment is to the point where the consumer there any right to a specific dwelling, - said the lawyer Oleg Sukhov. - The time of occurrence may be considered duty or a registered ownership interest holders in a dwelling, or the act of reception and transmission in the apartment use. Law does not allow the acquisition of the conditioning of some goods (construction of a house with subsequent transfer of the apartment), compulsory acquisition of other services (contracting out maintenance and repair of the common property of a dwelling house with a management company). " It should be noted that there is already case law, under which developers are attracted to administrative responsibility for compulsion to conclude treaties of its responsibilities to shareholders to pay for operating costs to the actual receipt of housing (Resolution of the Federal Volga Region on November 9, 2009 the case of N A12-11286/2009). What does the law assume that the contract of participation in the joint construction provides that the interest holders must pay a management company the costs of the apartment and the common property of the house for 4 months prior to the signing of the contract with the management company for maintenance and content of the apartments and common property. Of these provisions in the contract that the developer has included in the contract item, which regulates the settlement consumer-interest holders with a third party - the management company for the provision of services by this company for maintenance and content of the apartments and common property in the future, which is an infringement of consumer rights, as by virtue of paragraph 2 of Article 16 of the Law of the Russian Federation "On Protection of Consumer Rights", is forbidden to condition the purchase of some goods (works, services) required the acquisition of certain goods (works, services). In addition, pursuant to paragraph 2 of Article 153 of the Housing Code of the Russian Federation, the responsibility for payment for housing and utilities arises precisely from the owner of premises. According to article 219 of the Civil Code of the ownership of the building, construction of another newly created immovable property subject to state registration shall arise from the time of registration. However, in accordance with paragraphs 1 and 2 of Article 8 of the Federal Law of 30.12.2004 N 214-FZ "On Participation in the construction of apartment buildings and other real estate and on Amendments to Certain Legislative Acts of the Russian Federation" (hereinafter - the Law N 214-FZ) transfer facility shared construction builder and the adoption of a party to share construction made by the act of transfer signed by the parties or other document of transfer. Developer's obligations are fulfilled with the signing of the parties to the transfer deed or other instrument of transfer of share construction of the object (part 1 of article 12 of Law N 214-FZ). From the above legislation in force that developers include in contracts unlawfully items that impose obligations on shareholders to offset the cost of construction companies related to the cost of maintaining a dwelling house and the time the apartment.
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