26.01.2022

What residents leave at the entrance and how to deal with it

Old furniture and TVs, unnecessary clothes and shoes, boards, doors, wheels and other junk – what the readers of the Network of city portals do not find in their entrances. (They talked about this in the comments to one of our polls.)

Throwing the trash out of the house, but not bringing it to the trash heap is an old Russian tradition. And if you decide to get rid of it on your own, you will not end up in trouble – you may even fall under a criminal article.

Is it possible to leave things in the entrance, where to complain if you are not satisfied with someone else’s mess, what will happen if you decide to teach your neighbor a lesson, and what to do if the HOA has seized the wheelchair, and there is nowhere else to put the wheelchair, lawyers told us.

What is most often left in the entrances?

Leaving a stroller, bicycle, sled or scooter at the entrance has long been the norm. But still, this is a violation of the law and safety rules (yes, at least the fire department). And everyone seems to be used to the fact that you can’t drag everything home – there is not enough space. Therefore, neighbors are most often sympathetic to such parking. In modern houses, there are generally separate places for them. But some find things in the stairwell that they are not ready to put up with.

Here you can find sacks of potatoes, kitchen sets, car tires, unnecessary furniture, old electric stoves. For some, the vestibules have become a great place to equip a doghouse there, while others simply leave garbage in the entrance.

“A neighbor sometimes keeps her husband’s body on the stairs when he gets drunk, but she doesn’t let him go home,” Elena Plotslikh from Yekaterinburg sneers. – He is kind, greets everyone and cleans up bottles and packages from crackers after him, he learned the skill of smoking outside the doorway.

“There are four apartments on the site, the garbage chute is across the floor,” says Marina Marinina from Volgograd. – On our floor, tenants of two apartments put a door to the room where there is a trash can, the keys are not given to anyone. They store there trash from apartments, vegetables, great grandchildren, grow seedlings for the dacha. I’m tired of swearing already.

“Near the windowsill on the staircase, the non-paying neighbors conveniently placed children’s scooters and a huge stroller, for some reason they are sure that the staircase is intended exclusively for scooters and baby carriages,” complains Maryana Osennyaya from Nizhny Novgorod.

“On the floor below we have“ buns ”, sledges, bicycles all year round,” says Alexandra Ilinykh from Novosibirsk. – I am outraged, and my husband says: “Well, where is it all, in small apartments?” Do not know. There is a cloth for wiping and further storage on the balcony (loggia). Well, the entrance should not turn into a barn for storing things! And then those who carefully attached their property to the drainpipe are sincerely surprised at its theft.

– All of the above is once moved, transferred, removed, – says Evdokia Savina from Yaroslavl. – But here are the cabinets for the fifth year unnecessarily. Do not use or clean. In addition, they themselves do not live.

Why can’t I store my things in the entrance?

The trash on display doesn’t just spoil the surroundings. First of all, this violates the rules of fire safety and the maintenance of the common property of the owners of premises in an apartment building.

“In the event of littering of common areas, citizens can be brought to administrative and criminal liability,” says Benefactum lawyer Alexander Andreev. – Violation that did not entail any serious consequences, entails punishment under Part 1 of Art. 20.4 of the Administrative Code of the Russian Federation in the form of a fine: for citizens – from 2 to 3 thousand rubles, for officials – from 6 to 15 thousand rubles, for legal entities – from 150 to 200 thousand rubles.

– In modern houses, in general, an entrance is often made, in which there is one elevator and one staircase, and on each floor people go to apartments, – lawyer Dmitry Paltusov gives an example. – It turns out that you can go down only one staircase, before going down the corridor. This means that all corridors are automatically evacuation corridors, and putting something in them is already a violation of the fire department’s SNiP. And from the point of view of the housing code, it is debatable whether it is that someone is using the common property, and it is necessary to look at each individual situation. If a person has put a bedside table in a corner, he will say that he does not use common property – he will remove it, then put it back. Probably, this violation exists, but it is difficult to fix it, not to prove that it is intent to use common property.

If the wheelchair is captured by the HOA

Some readers complain that there is a stroller in the house, but it was occupied by the HOA. In this case, it is important to remember that the use of the common property of the house can be carried out only on the basis of the decision of the general meeting of the apartment building. In accordance with Art. 44 of the RF LCD, this requires 2/3 of all votes of the owners of an apartment building.

– According to the same paragraphs. 3, 4 Art. 36 ZhK RF, reducing the size of common property in an apartment building is possible only with the consent of all owners of premises in this building through its reconstruction, – says Alexander Andreev. – Owners can apply with appropriate complaints (it will be enough to state the factual circumstances known to you and other residents) to the city district administration and the regional department of state housing and construction supervision.

“The State Housing Inspection will be obliged to find out from the HOA within thirty days whether there was any meeting about the wheelchair and what decision was made,” says Dmitry Paltusov. – If it was not, then the department will issue an order to remove the locks, dismantle all the barriers, and also write a fine to the HOA. And if suddenly somehow the protocol comes up that someone allegedly voted ten years ago, then you need to think about whether it makes sense to go to court and challenge this protocol in court, referring to the fact that earlier about this protocol nobody knew. Because the violation of rights is considered from the moment when it became known about the minutes of the meeting.

Can you deal with the neighbors leaving the trash on your own?

You can only talk to a neighbor who causes inconvenience with a spontaneous flea market. But it is impossible to touch other people’s things in any case – it is more dear to yourself. Even if these things are exhibited in case “suddenly they will be useful to others.” For example, if for the third week there is a box in the entrance with what you think is unnecessary things, it is better not to even move it – let alone take it to the trash heap.

– Technically, you fall under the article “Theft”, – says lawyer Dmitry Paltusov. – Suppose a neighbor later says that there was a wallet at the bottom of this box. You will not prove that he was not there. The police will be on the side of your neighbor – you touched other people’s things, knowing that they did not belong to you, and there were valuables. It seems to you that they are definitely unnecessary. When it comes to bickering, it is quite possible that the owner of these things will say that they were of significant value to him. The same article 158 (“Theft”) says: anything less than 2.5 thousand rubles does not constitute a criminal offense – it is an administrative procedure, embezzlement, which is not punished in a criminal procedure. Anything above 2.5 thousand rubles constitutes a theft. But there is also such a note as “the significance of the damage to the victim.” This is a subjective sign: for a pensioner, significant damage is one thing, and for an able-bodied man, another amount of damage. And, accordingly, this aggravating feature in one case will be applied, in another it will not. You may fall under the article, even if you just carried this box out into the street, it may not be a small composition, part 1 of Art. 158, – this may turn out to be the second or third part, depending on how much these things were of value to the person who owns them.

Some readers say that the solution to the clutter problem is to spoil someone else’s property.

– Once or twice, throw faeces into these carriages or bring a match, and it will be clean in the entrance. There will be no rubbish, ”says Yana Yugorskaya, a reader from Tyumen.

But we strongly advise against listening to such extreme advice and impulses.

“This is a criminal article,” says Dmitry Paltusov. – First, it is a violation of someone else’s property. Obviously, this is someone’s property. Just as you picked up your wallet on the street – in fact, this is the composition of theft. Because you picked up the wallet secretly from its owner and somehow disposed of it. A person may not think, but this is theft. So it is here. If a thing is worth it and does not belong to you, it is considered someone else’s by default. And if we deliberately destroy it, this is the article “Intentional destruction of someone else’s property.” In this article there is also a qualifying aggravating sign – if this destruction was committed with actions dangerous to third parties, and arson in this case is a socially dangerous method.

– In the case of “studies” of their neighbors, liability for damage to property may arise – criminal and administrative, – says Alexander Andreev. – If the actions of the “teacher” spoil things, the cost of which does not exceed 5,000 rubles, there is administrative responsibility. If the established amount of damage caused is more than 5,000 rubles, then the norms of the criminal code of the Russian Federation apply.

Who are my allies in the fight for a clean entrance?

Four organizations should take your side in resolving the issue: the management company (or the HOA that manages the house), Rospotrebnadzor (if there are violations according to SanPiNam), the fire department and the State Housing Inspectorate. But the most significant lever of pressure, of course, is with the management organization. Because she is, in principle, responsible for the maintenance of the common property.

If you have already figured out the neighbors who leave trash in the entrance, check what you have the right to demand from the management company.

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