What is a garbage chute, on what principle does it work in an apartment building? From this article, you will learn about the role played by garbage chutes in waste disposal in the realities of our country, what kind of device they have, how to use them, how they are serviced and in what cases they are brewed?

Garbage chute in a high-rise building: from A to Z

The garbage chute is designed to collect waste. This is convenient: residents do not need to leave the entrance every time to dispose of garbage. It is enough just to open the gateway (the loading valve of the garbage chute), throw out the garbage and that's it. From the apartment - steps ten, maximum, fifteen. Saves a lot of time and effort.

But where does household waste end up after that? Utilities are responsible for disposal. Each entrance has a special room where all the garbage gets. The tank installed there is regularly emptied (or should be). Untimely cleaning of the container can cause an unpleasant smell in the entrance and cause a complaint against the public utilities.

How is it arranged?

Let's try to describe the device of the garbage chute. It is essentially a pipe that runs vertically from the basement to the top floor. With a certain frequency there are branches - these are gateways into which residents throw waste. They are located either on floors or between them. A gateway is also installed at the very bottom of the garbage chute - it is closed for the period of repair or sanitization of the garbage collection room so that nothing falls on the workers' heads.

In addition, there are devices in the pipe that dampen the speed of falling debris. Still, nine or more floors of free fall are already dangerous. And the equipment will wear out quickly. That's what absorbers are for: so that falling debris doesn't cause trouble upon arrival.

Fires inside the garbage chute must be protected by a washing and disinfection system. In addition to maintaining a relatively normal sanitary condition inside the pipe, it can prevent fire. There are also automatic systems insulation of the garbage chute in case of fire.

From above - ventilation, without which you certainly can not do without. Timely cleaning and regular maintenance do not give the garbage chute a strong smell. But if the public utilities do not actively maintain cleanliness, or no one is interested in the maintenance of the garbage chute, an unpleasant smell is guaranteed.

Where is it found?

Garbage chute is a fairly common phenomenon. Most large apartment buildings are designed and built with this detail in mind - they have a garbage chute. That is, now houses with a garbage chute are common.

One "but": cleaning the garbage chute and maintaining it in a usable condition is an expensive pleasure. Not always and not everywhere the garbage chute is maintained in a fully operational condition. Alas, these are the realities of life in our country: many garbage chutes are not serviced because it is unprofitable. Indeed, it is much easier to weld the garbage chute, or rather, weld all the valves of the garbage chute on the floors and forget about it.

They often do so. In many homes where they cannot afford to maintain a garbage chute, they simply close it off. On the one hand, residents will need more effort. On the other hand, it is better than to endure an unpleasant smell due to the fact that the garbage chute is not being serviced.

And not only in Russia!

It would seem that the invention is not so complicated. But until a certain time in Europe, it was not too common. The reason is simple: the difficulty of sorting garbage. It is much more difficult with household waste - most of it goes to recycling, so every citizen is obliged to sort their waste. But the improved design of the garbage chute has taken root in Europe and is quite actively used.

Sometimes "communal services" manage to poison our lives on the way to our own apartment. The disgusting smell from the garbage chute in the entrance of the house is most likely familiar to every Russian. But the maintenance of the intra-house territory and the common property of an apartment building, which includes a system for collecting garbage, is included. Mountains of rubbish on the floors, an elevator covered with chewing gum and littered with who knows what - all this is the reality of many of our entrances. And although they say that it’s clean not where they clean it, but where they don’t litter, this does not relieve the management company of responsibility for failing to fulfill its direct duties. We'll talk about this.

The smell of a garbage chute in an apartment building: how to deal with it?

So, how should the cleaning and general maintenance of the garbage chute in an apartment building be carried out?

According to the rules and regulations for the technical operation and maintenance of the housing stock, housing office employees are required to repair, clean and flush the garbage chute in time. In addition, the column "maintenance of the housing stock" in the receipt for utilities is paid by us on a monthly basis. Garbage chute maintenance is included in this expense item. To give you an idea of ​​what works are included in the list of maintenance of waste collection systems, we will list them:

• cleaning and removal of waste in waste collection chambers, their inspection;
• cleaning of loading valves;
• breakdown of blockages and elimination of minor faults;
• disinfection, cleaning and washing of trunks and waste collection containers.

Where to complain?

• The first thing that should come to mind with the unscrupulous work of "communal workers" is a complaint to the State Housing Inspectorate. This state structure controls the activities of management companies.
• And since a breakdown of the garbage chute always leads to unsanitary conditions, one must also complain to the Sanitary and Epidemiological Station. Indeed, in the norms of SanPiN it is written that the organization in charge of the house is fully responsible for the maintenance of the trunk of the garbage chute and its chamber, as well as the places adjacent to the waste unloading area. Therefore, write a statement to the SES doctors.
• And the third organization you should contact is Rospotrebnadzor. After all, the housing department provides you paid services, and if they are not properly performed, your rights as a consumer are violated. And such questions this organization and knows.

Statement

Let's start by telling you how to write an application to the State Housing Inspectorate correctly:

• in the upper right corner we write our full name and registration address. Don't forget to include your contact information.
• further in the center is written the word “statement” and the phrase “on committing administrative offense under Article 7.22 of the Code of Administrative Offenses;
• below we proceed to the essence of the complaint, briefly describing the reason and the address where the fact of violation takes place;
• at the end of the text, we ask the inspector from the housing inspectorate to conduct an inspection, make a decision to eliminate and punish the perpetrators;
• Don't forget to date and sign.

Complaints about the stench at the entrance to Rospotrebnadzor and SES are written in an arbitrary format, but it can also follow a similar pattern.

So, if the entrance stinks of a garbage chute, then most likely the reason is that I will clog it. Therefore, you need to write a complaint, you can see its sample below or.

Sample complaint letter for clogged garbage chute

Sample complaint about clogged garbage chute - 1

Sample complaint about clogged garbage chute - 2

Sample complaint about clogged garbage chute - 3

Necessary actions

Step-by-step scheme of actions in case of breakdown of the garbage chute:

• contacting your management company;
• if the request is ignored, we turn to the supervisory authorities;
• write a complaint;
• we send it by registered mail with a notification or personally in hand with a note about the incoming;
• we expect 30 days (the term established by law);
• after the decision, the housing department employees have 45 days to eliminate;

If this does not help, then immediately contact the court and the prosecutor's office. You can also complain to the municipal authorities. Remember, the more complaints you send, the faster and better the housing and communal services employees will start working.

Poor housekeeping

Based on the rules and regulations for the technical operation and maintenance of the housing stock, "communal services" must:

• to carry out washing and wet sweeping of flights of stairs and landings, as well as the floor of elevator cabins;
• wipe with a damp cloth the walls, window sills, windows, railings, doors, mailboxes, ceiling lamps and boxes of electrical panels;
• revenge and wipe the pad in front front door entrance.

According to the same norms, these procedures should be carried out regularly, their frequency is prescribed.

So, you want to write a complaint about the fact that the cleaning lady can not cope with the garbage in the entrance? Then watch it below or download it here.

About how cleaning should be carried out at the entrance according to accepted standards, will tell next video:

How to make a complaint?

We write the application in the following form:

• last name, first name and patronymic, together with the address of registration, we write in the upper right corner of the sheet. Be sure to include your phone number and email address.
• in the "header" we write "statement of violation of the content rules and";
• Next, indicate the reason for the appeal and the address. Please note that you must refer to regulations and resolutions;
• we ask an employee of the supervisory authority to arrange an on-site inspection, punish the perpetrators and make a decision on elimination;
• signature and date.

Below you will find a sample complaint about poor cleaning of the entrance, and you can also use it.

Complaint letter for poor housekeeping

Sample complaint about poor cleaning of the entrance - 1

Sample complaint about poor cleaning of the entrance - 2

Sample complaint about poor cleaning of the entrance - 3

Where to apply and how?

All applications are submitted to the same organizations as with bad job garbage chute. The main thing to remember for yourself is that you can complain to the housing inspectorate and Rospotrebnadzor about the management company for almost any violation, and to the Sanitary and Epidemiological Station for negligence, which is associated with a threat to the health of residents.

Let's describe your actions step by step:

• drawing up an application;
• handing it in person (with obligatory fixation in the journal) or sending it by letter with notification;
• waiting for a response within a month;
• the "communal services" have a month and a half to eliminate.

If the employees of the housing department continue to ignore the cleaning of the entrance, contact the judicial authorities with a statement of claim. It will not be superfluous to complain to the prosecutor's office.

The following video will be no less useful, which clearly indicates which acts and documents, as well as the rules, apply to cleaning entrances:

Do you know what are the rules for cleaning the elevator cabin? We will tell you!

Dirty elevator

As stated in the Rules for the maintenance of common property, the elevator must be in perfect condition, without burnt buttons, announcements and inscriptions on the walls of the cabin and doors. But in many entrances the situation is extremely opposite. Consider ways to solve it.

Where to complain?

In our text, we have already mentioned organizations for the supervision of house management companies. In the case of disorder in the elevator cabin, the system is completely identical. Complain to the State Housing Inspectorate and Rospotrebnadzor.

You will notice that the situation will change radically. In general, "communal services" must once a month go around all the entrances and mark violations in a special worksheet, so that they can be eliminated later. After your appeal, most likely it will be so.

Such a household device as a garbage chute has existed in Moscow for more than 60 years; up to 80% of the capital's houses are equipped with them. However, in Lately in many high-rise buildings they began to be brewed at the initiative of the residents themselves. The correspondent of RIAMO found out how the presence of garbage chutes is combined with the introduction of separate waste collection, and whether Muscovites are ready to give up this blessing of civilization for the sake of sorting garbage.

From the apartment - to the entrance

Garbage chutes appeared in Moscow in the 50s of the last century in connection with mass high-rise buildings and the desire to improve the comfort of the population - it became inconvenient for residents of high-rise buildings to take garbage out into the street. Then they came up with garbage chutes to be able to remove debris from each floor of the building.

According to the press service of the Department of Housing and Public Utilities and Improvement of Moscow, in the capital the first garbage chutes appeared in 1952 in the "stalinkas", and since 1958 they began to be installed in all houses over 5 floors. Muscovites-old-timers still remember those times when garbage chutes were placed right in the apartment: the loading valve was mounted in the kitchen near the sewer riser or in the corridor. But still, basically, the trunks of the garbage chutes were located on the landings. They were made of asbestos-cement pipes of the VT9 grade.

In houses built after 2002, instead of asbestos-cement pipes, they began to use environmentally friendly three-layer trunks of garbage chutes made of metal, and it was also mandatory to install a special device for cleaning, washing and disinfection inner surface waste chute.

According to the press service of the Department of Housing and Utilities, as of January 1, 2019, more than 33 thousand apartment buildings (MKD) were equipped with garbage chutes in Moscow, which is more than 80% of the total number of residential buildings.

Why are garbage chutes

Today, access garbage chutes - once a boon to city life - are increasingly being welded at the initiative of the residents themselves as sources of discomfort and unsanitary conditions.

In some new buildings and houses of the secondary fund, general meetings of owners are held and buckets of garbage chutes are welded. The reasons for this are often the following: dirt around the loading valves; unpleasant odor and noise from discarded bottles and other large items; blockages due to bulky debris, bags of construction waste; fire risk; the danger of the appearance of insects and rodents in the house.

“It happens that a neighbor who does not want to use the service of exporting large-sized construction and household waste in Moscow, it will cause a breakdown, which means that it is not possible to use the structure for its intended purpose until the employees of the management company come and correct the situation, ”the press service of the capital’s department of housing and communal services noted.

Garbage chute - not a hindrance to sorting

As noted in the press service of the Department of Housing and Public Utilities of Moscow, the system for handling solid municipal waste(MSW) and cleaning of the residential sector does not depend on the presence of in-house garbage chutes and garbage chambers.

“The accumulation of MSW can be carried out different ways, with and without separate collection, with and without internal infrastructure. In any case, the technological cycle of MSW management inside an apartment building ends with their accumulation in containers various designs and subsequent transportation to waste management facilities,” RIAMO explained in the press service.

According to geoecological engineer Leonid Khazanov, it is unlikely that local authorities will agree to weld garbage chutes everywhere in the Moscow region, because this will violate the rights of owners.

Khazanov believes that, most likely, during the formation of the RNO system, which in Moscow has been postponed for a year, it will coexist with garbage chutes, at least at the initial stage. In the future, proposals for welding garbage chutes may be submitted to general meetings of owners, or it will be proposed to use them only for one type household waste such as organics.

So, in a number of European countries, in particular, in Germany, where garbage sorting has been operating for a long time, garbage chutes in multi-storey buildings have several shafts and loading valves for different types garbage.

“I think we will need 4-7 years for a full transition to separate waste collection, although perhaps less - it all depends on the choice of regional operators, the size of their fleets, the number of processing plants,” Khazanov added.

According to his calculations, due to the construction of new waste processing plants instead of old landfills, the volume of waste processing in the Moscow region can increase up to 60-70%. "Actually we are talking on the creation of a real recycling industry in the Moscow region,” he said.

Stone age or convenience?

For their part, Muscovites interviewed by RIAMO admitted that they are used to garbage chutes, but it is not so difficult to refuse them.

Anastasia, 45 years old, Metrogorodok district:

“I live in Khrushchev without a garbage chute. I take out the garbage in bags in the trash near the house. But there are few garbage dumps in the area, and residents have to go through 3-4 houses to throw out garbage. This is inconvenient, it would be better if there was a garbage chute in every house. Before that, I lived with a garbage chute for many years, and if the cleaner works normally, then there are no problems.

I think separate garbage collection is very correct, but more campaigning and opportunities for this are needed. I think now it's a scam. So far, I'm only separating plastic bottles, for which they put a separate grid.

Incidentally, even in Soviet time in the city there was a separate collection. Waste paper and glass were handed over to special points in the area, and on the site between the 1st and 2nd floors in the five-story building there was a large organic waste tank, which was cleaned every day - and there was no smell! In high-rise buildings with garbage chutes, organic bins stood right next to them. This was around the late 1970s, and by the early 1980s they had already disappeared.

So the garbage chute and separate collection are quite compatible! But theoretically, I am ready to live without this device.

Anna, 27 years old, Northern Izmailovo district:

“I live in a nine-story building with a garbage chute, and I have an ambiguous attitude towards it. On the one hand, it is very convenient, on the other hand, there are many disadvantages.

It is dirty around the garbage chute chamber, the management company does not clean up splashes well, does not remove small debris. Irresponsible residents stuff huge bags of waste into the receiver, blockages occur. As a result - an unpleasant smell and dirt in the entrance, in the summer - flies, it's good that there are no cockroaches. The management company is required to regularly wash the shaft of the garbage chute, but I highly doubt that they do this.

I still use the garbage chute, especially when I need to quickly get rid of garbage, and large waste I take it to the tanks on the street. Separately I sort plastic, glass, cardboard - I attribute them to the "Charter" grid.

Welding garbage chutes is an inevitable step, because they are not compatible with sorting. Of course, you can agree that only organic matter goes into the garbage chute, but who will make sure that everything is not thrown there?

Yes, there will always be outcasts throwing garbage out the window, but if you focus on them, you can get stuck in the Stone Age.

I am personally ready for the rejection of the garbage chute, and for separate collection. Yes, it will take more time than just throwing the bag down the chute, but it's worth it, and besides, you get used to sorting over time. But people need a powerful educational campaign - social advertising, leaflets, articles on the Internet and newspapers, posters on the walls of entrances.

Natalya, 45 years old, Bogorodskoye district:

“I have always lived with a garbage chute - I got used to it, I got spoiled, and I don’t see any problems from it. I take out large garbage in street containers, although I would not want to take out all the garbage every day. But if this is unavoidable, then you have to live with a welded garbage chute.

I'm ready to sort the garbage and wash the sour cream jar, just like in childhood! I try not to buy water in plastic bottles. Even in the USSR they collected waste paper, but in my office they throw tons of it into a common bin. Why? And because there is no paper container next to it! And for the RNO, you need to launch detailed videos, brochures, posters, so that people understand how to collect garbage so that it is easier to recycle it.”

Svetlana, 48 years old, Tyoply Stan:

“There is a garbage chute in my nine-story house. Pluses - you can go to throw out the trash at any time of the day or night, in home clothes. I don't see any cons. It is considered unhygienic, breeds mice, rats, cockroaches, but we do not have them in our house. I use a garbage chute, of course.

I take out large garbage from repairs, strongly staining and smelling garbage, for example, a can of sprats and cat litter, and all household waste from the garbage can into the garbage chute. Except that I collect separately: glass, cans, paper, batteries. So far, all this has to be taken to the Bitsevsky Park eco-center.

I support the RSO, but there is garbage that cannot be recycled - it could just be sent to the garbage chute.

If the garbage chute is welded, it will become less convenient, but it will not be the most critical inconvenience in my life.

It is not at all difficult to get a bag of garbage out of the bucket and, leaving the house, throw it into the tank. It’s more convenient with a garbage chute, but we won’t die without it.”

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Let's get acquainted with the waste receiver system in apartment buildings. These are the following elements:

• Waste chute. Long vertical metal or asbestos-cement pipe. It goes through the floors of the building. It is through this pipe that the garbage makes its way to the container of the collection chamber. Its standard diameter is 400 mm.
• Loading valve. This is the device with a hatch where the residents on their floor put waste bags.
• Shiber. It can be either straight or inclined. A device at the end of the bin shaft that allows the pipe to be temporarily shut off. Why is this needed? So that the janitor can clean the garbage container, and the waste does not enter the chamber at this time. Also, such an overlap is necessary during repair, preventive work.
• Support clutch. An element that connects the gate to the trunk of the bin.
• Fire damper. A very important component. If a fire occurs in the waste chute shaft, the valve automatically closes the pipe, preventing the flame from spreading to the waste collection chamber. It is often built into the gate.

• washing device. Necessary for pipe cleaning. In addition, in case of fire, it is used as a means of automatic extinguishing.
• Ventilation unit. It is located at the top of the garbage chute. Responsible for extracting unpleasant odors. A deflector is built into the assembly, which does not allow sediment to enter the barrel.
• Garbage chamber. The room where the containers are located, into which waste is received. Usually located on the ground floor or in the basement.
• Container. This is where the waste comes from the waste bin. Represents trash can on wheels.
• Compactor. A device that compacts, compacts the debris that enters the container.
• Quencher. A device that slows down the speed of falling debris. That's what stops the noise.

Advantages and disadvantages of the device

Garbage chutes in residential buildings - evil or one of the useful inventions? Let's look at the pros and cons of such devices.

Let's move on to the next section.

Garbage chute maintenance

Maintenance of a garbage chute in an apartment building is the prerogative of the management company or firm that the meeting of homeowners has chosen to perform this task.

Under current law, the service includes the following:

1. Daily garbage collection. The schedule for this must necessarily include a service contract.
2. System disinfection. Held every month. If the waste bin is of a new type (equipped with cleaning devices), then every week.

These prescriptions are based on SNiP 42-128-4690-88 (clause 2.2.8).

UK and garbage chutes

If there are any problems with the garbage chute, not because of the negligence of the residents, but precisely through the fault of the management company, then the first thing to do is to solve the problem with its management. After all, according to Art. 36 of the Russian Housing Code, the Criminal Code is obliged to service all common house intra-access property, including a garbage collector.

As part of this, an agreement must be concluded with the management company for the maintenance of the garbage bin, as well as the removal of household waste that accumulates in the device. If such an agreement exists, then the maintenance of the garbage chute is the prerogative of the Criminal Code. By the way, according to the law, the management company is given exactly one day to eliminate malfunctions associated with the device, as well as to eliminate blockages in it.

Rules for using the garbage chute

Clean, as you know, where they do not litter. Therefore, it is enough to follow the simple rules for using a garbage chute in an apartment building so that it does not become a garbage dump in the stairwell and a headache for all residents:

• Do not throw bulky waste into the device, which can lead to clogging.
• Place garbage before sending it to the receiver in a special bag or other container.
• Do not pour out liquid waste.
• Do not throw burning or smoldering objects, which may cause a fire.

Garbage chute and the letter of the law

A number of legal problems are associated with this device and due to the fact that there is no single law regulating the arrangement, functioning and elimination of this indicator of comfort. One of the relevant SNiPs responsible for the garbage chute in an apartment building is a document adopted on January 31, 2013. But everything is not completely clear with it either, since it has undergone a number of revisions:

• In its original form (2011), a garbage bin was mandatory in houses specially built for the disabled and pensioners. The issue with other residential buildings lay on the conscience of the city authorities.
• The final form (2016) of the SNiP states that a garbage chute is mandatory in homes for the disabled and pensioners above two floors, as well as in other residential buildings more than five floors high.

But even here there is a clarification on the same SNiP. The developer may not install a waste receiver in a residential building if daily removal of solid waste (municipal solid waste) from containers installed in the local area is organized. I must say that such an alternative is also supported by Rosstandart.

Is the conservation of the garbage collector real?

If homeowners are against the garbage chute in the entrance, then the problem is solved radically - the hatches on all floors are simply welded. The reason is unsanitary conditions, high cost of use, and so on.

However, the procedure for the conservation of the garbage bin at the entrance has a number of nuances:

• Even one tenant can act as the initiator. But his proposal must be supported by at least 1/2 of the homeowners in this house.
• Without the consent of other residents, no one has the right to seek the closing of the hatch, even on their own floor.
• Another important point. Regardless of whether the garbage collector will be brewed on one landing or in the entire entrance, all residents of the house are invited to make a common decision.

How to close the garbage chute?

The problem is solved in the following way:

1. Introducing the issue of the conservation of the garbage chute to the agenda of the meeting of residents.
2. Each owner must sign for being invited to the meeting, that he is aware of the problem under discussion.
3. A documented solution to the issue of introducing an alternative - street containers (a special site has been allocated, the tanks themselves have been purchased and delivered, an agreement has been concluded with the appropriate company for waste disposal, etc.).

Restoration of the garbage disposal

Relevant and reverse case when the garbage chute becomes again needed by the residents. However, restoring its work is not an easy process. After all, you will have to clean the pipe, repair or replace hatches damaged by welding. Nevertheless, the management company must meet the needs of the tenants at their request. Otherwise, the problem is resolved through the court.

In order for the judicial system to begin to consider the case, a decision of the homeowners, signed by at least half of all tenants, is necessary. As practice shows, the claim is most often satisfied in such cases:

1. The plaintiffs are pensioners and the disabled.
2. The closure of the garbage chute was temporary (for example, during the refurbishment of the entrance), but after the completion of the work, its functionality was not restored.
3. Instead of eliminating the blockage, the Criminal Code simply preferred to weld hatches.
4. The procedure for the conservation of the garbage bin was held with violations.

The garbage chute is a useful device if the tenants follow the rules for using it, and the management company is conscientiously engaged in maintenance. Otherwise, apartment owners may advocate for its conservation.

Decision No. 2-6045/2013 М-5789/2013 2-75/2014(2-6045/2013;)~М-5789/2013 2-75/2014 of January 10, 2014

SOLUTION

In the name of the Russian Federation

Leninsky District Court of Saratov, consisting of

presiding judge Pimenov I.I.,

under the secretary Kosyreva O.N.,

with the participation of the representative of the defendant Zlepko E.V.,

examined in open court a civil case on the statement of claim Komarova H.The. to the Doma Kontakt Limited Liability Company on the elimination of obstacles in the use of the common property of an apartment building,

installed:

Komarova N.V. filed a lawsuit against the Doma Kontakt Limited Liability Company (hereinafter LLC) to remove obstacles to the use of the common property of the apartment building and asked to oblige the defendant to eliminate obstacles to the use of the common property of the apartment building - a garbage chute located in the first entrance of house No. , by bringing the garbage chute to working condition - having boiled it and ensure the proper maintenance and repair of the garbage chute, as well as collect from the defendant in his favor the legal costs of paying the state fee in the amount of 200 rubles. In substantiation of the claim, she indicated that she is the owner of the residential premises located at the address:. Their house is managed by Doma Kontakt LLC. The defendant, being a provider of housing and communal services, regardless of its departmental affiliation, is obliged to provide residents with services that comply in quality and volume with the mandatory requirements of standards, sanitary standards established by the regulations and terms of the contract, as well as properly maintain and repair the common property of their apartment building . For its part, it fulfills its obligations in full - regularly pays utility bills and services for managing a residential building, pays for the maintenance and repair of the common property of an apartment building. She has been living in the house at the indicated address since the house was put into operation, that is, since 1976. Their house is equipped with a garbage chute and initially, until July 2012, the garbage chute functioned properly. In July 2012, the defendant arbitrarily, without legal grounds and without the consent of the owners of residential premises, welded the loading valves of the garbage chutes in the entrance where she lives. Since the garbage chute is part of the common property owned by all owners of the premises of an apartment building, it is subject to paragraph 10 of the Rules for maintaining common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, which obliges to ensure the availability of use of common areas . The plaintiff believes that the defendant does not fulfill his obligations, violates the current housing, sanitary and epidemiological legislation and violates her rights as the owner of the common property of an apartment building, creating obstacles to the use of common property, namely the garbage chute. In addition, Part 3 of Art. Section II. Ownership and other real rights to residential premises > Chapter 6. Common property of owners of premises in an apartment building. General meeting of such owners > Article 36. Ownership of the common property of the owners of premises in an apartment building its reconstruction. The welding of the filling valves and the decommissioning of the garbage chute led to a reduction in the size of the common property in their apartment building. She, as well as other residents of her entrance, repeatedly applied to the management company - Doma Kontakt LLC and other authorities and organizations with a demand to eliminate violations of their rights, restore the operation of the garbage chute and remove obstacles to the use of the common property of the apartment building. In response to numerous requests from residents, the defendant wrote in writing that the garbage chute in entrance No. in building No. po was welded up due to great wear and tear, a meeting of owners was held, a decision was made by a majority (51.2%) to weld the garbage chute and install a container site, as evidenced by minutes of the general meeting of homeowners dated 08/03/2012 State housing inspection and Rospotrebnadzor also did not see violations, referring to the decision of the extraordinary general meeting of owners of residential premises in the form of in-person voting and recommended that they go to court. The petitioner's signatures of 22 owners of the premises in their entrance in support of the functioning of the garbage chute testify that they are all against the welding of the garbage chute. In addition, on August 30, 2012, they applied to Doma Kontakt LLC with a request to weld the garbage chute, which was signed by 19 people. According to the plaintiff, by virtue of Part 2 of Art. , the issue of closing or opening a garbage chute is not within the competence of the general meeting of owners. Clause 3, Part 2, Art. endows the general meeting with competence only in making decisions on the issue of the use of common property by persons other than owners and tenants. Thus, the decision of the general meeting of owners on the issue of the use of common property by the owners and tenants of the premises has no legal force. Therefore, the management company is obliged to remove any obstacles in the use of the garbage chute and ensure its proper maintenance even if such a meeting were held and the decision was made by all owners. Moreover, in its response to their statement, Doma Kontakt LLC refers to the minutes of the general meeting of homeowners dated 08/03/2012, although in fact the garbage chute was welded on 07/27/2012, that is, earlier than the decision of the owners was supposedly received on this question. She believes that the arrangement of the container site does not in any way restore her right to use the garbage chute as the common property of an apartment building. In addition, her apartment is located on the 4th floor, and the container yard is located at a considerable distance from her entrance. Due to her age and state of health, it is very difficult for her to take out the garbage in containers, especially in winter.

The plaintiff did not appear at the hearing on 10.01.2014, was duly notified, and asked to consider the case in her absence. Earlier at the court session, she explained that in July 2012 the defendant arbitrarily, without legal grounds and, without the consent of the owners of the premises, he welded the loading valves of the garbage chutes in the entrance where she lives. She repeatedly appealed to the defendant with a request to eliminate all violations, but to no avail. The defendant refers to the minutes of the general meeting dated 08/03/2012, at which it was decided to weld the garbage chute. But in fact, the garbage chute was welded on 07/27/2012 and no general meeting was held.

The representative of the defendant Zlepko E.The. at the hearing with the claim did not agree in full and asked to dismiss it. She explained that a general meeting of the owners of the residential building was held, at which it was decided to weld the garbage chute and install container sites. Currently, the container site for the 1st entrance is functioning, it is located between the 3rd and 5a houses, which is confirmed by the plan. For other entrances, the site has not yet been installed, since a sanitary gap of 20 m is required between the container site and residential buildings and a certain maximum distance from the entrances themselves. Work on this issue is currently underway. But there is a container yard specifically for the No. th entrance of the house No. po, which is the decision of the Commission Leninsky district. The garbage chute in the 1st entrance was welded up quickly, as it was in an emergency condition, large funds are required for its repair, which the residents of the house do not agree to. A general meeting was held throughout the house and a decision was made to weld the garbage chutes. They acted within this decision tenants. In connection with the welding of the garbage chute, the fee for the removal of solid waste has decreased and has become not 2 rubles 03 kopecks, but 1 ruble 23 kopecks. He believes that today the plaintiff has missed the deadline for appealing against the specified decision of the meeting, since the decisions of the general meeting are appealed within six months.

After hearing the explanations of the plaintiff and the representative of the defendant, witnesses and examining the materials of the case, the court comes to the following.

decided:

In satisfaction of the claims Komarova H.The. to the Doma Kontakt Limited Liability Company to remove obstacles to the use of the common property of an apartment building - to refuse.

The decision can be appealed on appeal within a month from the date of its adoption in the final form to the Saratov Regional Court through the Leninsky District Court of Saratov.

Court:

Plaintiffs:

Respondents:

Judges of the case:

Litigation on:

Judicial practice on the application of the norms of Art. 30, 31 LCD RF