Nashges LLC dismantled the property of the residents of the entrance, namely a serviceable intercom, without the consent of the residents. He installed his own intercom and forces him to sign a contract, otherwise he does not give out the keys to the new intercom.
Organizations that provide services for the installation of intercom systems and maintenance of remote control and intercom systems are required to:
— to provide maintenance services to consumers (owners or tenants of residential premises) on the basis of a contract concluded with each owner or tenant of the apartment;
— to provide unhindered access to residential premises to residents who have not signed a contract for the maintenance of a ZPU, not to charge a fee for additional housing and communal services for the maintenance of a ZPU to such residents and not to include this fee in the notice of payment for housing and communal services;
— do not allow the replacement of the PO or other equipment of the intercom system without the consent of the owners or tenants of the premises.
This agreed position is based on the following legal requirements:
Based on Article 4 of the Law of the Republic of Belarus "On Protection of the Rights of Consumers of housing and Communal services" and Article 30 of the Housing Code of the Republic of Belarus, services for maintenance of intercom systems and replacement of ZPU refer to additional housing and communal services.
By virtue of paragraph 3 of Article 4 of the Law of the Republic of Belarus "On Protection of the rights of consumers of housing and communal services", additional housing and communal services are provided on the basis of an agreement between the contractor and the consumer.
According to articles 2 and 391 of the Civil Code of the Republic of Belarus, forcing citizens to conclude contracts is not allowed, except in cases where the obligation to conclude a contract is provided for by legislation or a voluntarily accepted obligation.
According to article 7 of the Law of the Republic of Belarus "On Protection of the rights of consumers of housing and communal services", the consumer has the right to refuse to receive additional housing and communal services.
According to article 19 of the Law of the Republic of Belarus "On Consumer Rights Protection", it is prohibited to condition the purchase of a service (goods, work) by compulsory purchase of another service (goods, work), just as it is prohibited to provide additional services (work) to the consumer without his consent. The consumer has the right to refuse to pay for such services (works), and if they have already been paid, to demand from the contractor a refund of the amount paid.
According to article 10 of the Law of the Republic of Belarus "On Protection of the rights of consumers of housing and communal services", the consumer has the right to choose the contractor of housing and communal services provided on a competitive basis. The decision to choose a contractor for housing and communal services provided on a competitive basis is made by a group of consumers living in an apartment building or a blockaded apartment building (in an entrance, on the floor of an apartment building, etc.) by a simple majority of consumer votes and is formalized by the minutes of a consumer meeting or a questionnaire.
In accordance with article 172 of the Housing Code of the Republic of Belarus, a participant in a joint household uses common property according to the intended purpose of this property, without hindering the exercise of rights to this property by other participants in joint household ownership.
In accordance with article 9 of the Law of the Republic of Belarus "On Joint Home Ownership", the owner uses the common property according to its intended purpose, without interfering with the exercise of the relevant rights of other owners. In case of technical necessity, the owner is obliged to provide access to the common property located inside the non-residential premises belonging to him. Common property is not subject to alienation or transfer for use to one or more owners and (or) other persons, if its alienation or transfer for use makes it impossible for other owners to exercise their property rights. Other common property may be alienated or transferred for use to one or more owners and (or) other persons on the basis of a decision adopted unanimously by all owners.
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1
Владислав Шоломицкий
Level 9 Local Expert
September 21
A normal intercom was dismantled, without the consent of the residents at all. They gave out 1 key, and the other 2 keys for 15 rubles each. Your intercom didn't fall anywhere for me at all, and the old one was fine with me. This is the worst organization I've ever met. I don't understand how they still work, there are so many complaints and dissatisfaction of people, but they continue to work
See original · Русский
1
Александр Гузев
Level 7 Local Expert
June 21
They are very good at ruffling my neighbors' nerves. And everything is nice and kind to me on the light. Enjoy your life and the intercom is the little things that you should not pay attention to.