Open AccessGeneral Meeting of Owners of Premises in an Apartment Building: Problems of Legal Status and Implementation of Certain Powers
Author(s) -
Л.А. Юрьева
Publication year - 2019
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2019.107.10.079-085
Subject(s) - legislature , law , ambiguity , jurisprudence , apartment , property (philosophy) , order (exchange) , business , jurisdiction , political science , law and economics , sociology , computer science , philosophy , epistemology , finance , programming language
The article defines the place and significance of the general meeting of owners of apartment building premises in modern legal science and jurisprudence. The author classifies the issues referred to the jurisdiction of this body on the basis of functional and quantitative criteria. Attention is drawn to the ambiguity of the wording of certain powers of the general meeting, which creates difficulties for their implementation. The author highlights expediency of clarifications made by the Supreme Court concerning the content of powers of the body under consideration to make decisions concerning the limits imposed on the use and improvement of the land plot that is the part of the common property of the owners. The author has detected duplication of the general meeting powers to make decisions on establishment of a capital repair foundation and maintenance of common house property and the initiative-forming body of the homeowners’ association when the non-profit organization manages the premises. The conclusion is made that legislative adjustment of these provisions is necessary in order to eliminate the conflict of powers between the bodies under considerations concrete proposals of legislative nature are given.