The Supreme Court of the Russian Federation has taken an important step in protecting the rights of property owners, ruling that including debts for major repairs older than three years in payment bills is illegal. This decision concerns anyone who has faced demands to pay off the debts of previous owners and provides legal protection for new owners.
The essence of the dispute was that the regional operator tried to leave in the receipts debts for major repairs accumulated from 2016 to 2023. The State Housing Supervision Authority (OGZhN) demanded that these amounts be removed, but the major repair fund decided to challenge the order. In the first instance and cassation, the courts supported the owners, but the appeal allowed the fund to issue bills. The Supreme Court, in turn, put an end to this dispute.
The main conclusions of the Supreme Court are as follows: the expiration of the statute of limitations protects citizens from being forced to pay old debts. The Court emphasized that issuing a bill for seven years is an attempt to force owners to fulfill an obligation from which they are already protected by law. The OGZhN has the right to demand adjustments to payment bills, protecting the rights of owners, even without a court decision.
The practical significance of this decision is great. If you bought an apartment or inherited it, debts of the previous owner older than three years must be excluded from your receipt. The major repair fund has no right to indefinitely 'hang' multi-year encumbrances on you. Now management companies and operators are obliged to write off such debts. This Supreme Court decision strengthens the protection of citizens' rights and establishes clear rules for all participants in the real estate market.
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