Owners of premises in an apartment building have the right. What is included in the common property of an apartment building in the housing complex of the Russian Federation. Legal regulation of common property of premises owners in an apartment building

1. Owners of premises in apartment building The common property in an apartment building belongs by right of common shared ownership, namely:

1) premises in this house that are not parts of apartments and are intended to serve more than one room in this house, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements in which there are engineering communications, other equipment serving more than one room in a given house (technical basements);

2) other premises in this house that do not belong to individual owners and are intended to meet the social and everyday needs of the owners of premises in this house, including premises intended for organizing their leisure time, cultural development, children's creativity, and activities physical culture and sports and similar events;

3) roofs enclosing load-bearing and non-load-bearing structures of a given house, mechanical, electrical, sanitary and other equipment located in a given house outside or inside the premises and serving more than one room;

4) the land plot on which this house is located, with elements of landscaping and improvement, other objects intended for the maintenance, operation and improvement of this house and located on the specified land plot. The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning.

2. The owners of premises in an apartment building own, use and, in accordance with this Code, civil law limits, dispose of common property in an apartment building.

3. 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.

4. By decision of the owners of premises in an apartment building, adopted at a general meeting of such owners, common property in an apartment building may be transferred for use to other persons if this does not violate the rights and legitimate interests of citizens and legal entities.

5. The land plot on which the apartment building is located may be encumbered with the right of limited use by other persons. It is not permitted to prohibit the establishment of encumbrances on a land plot if it is necessary to ensure access for other persons to objects that existed before the date of entry into force of this Code. A new encumbrance of a land plot with a right of limited use is established by agreement between the person requiring such an encumbrance of the land plot and the owners of premises in an apartment building. Disputes regarding the establishment of encumbrance of a land plot with the right of limited use or the conditions of such encumbrance are resolved in court.

6. In case of destruction, including accidental death, demolition apartment building the owners of premises in an apartment building retain a share in the right of common shared ownership of the land plot on which the house was located, with elements of landscaping and improvement, and in other objects intended for the maintenance, operation and improvement of this house, located on the specified land plot, in accordance with shares in the right of common shared ownership of common property in an apartment building at the time of destruction, including accidental death, demolition of such a house. These owners own, use and dispose of the property provided for in this part in accordance with civil legislation.

With the development of the institution of property, citizens have problems with state registration of the right of common shared ownership of common property in an apartment building. Housing legislation provides for special regulation of certain relations that arise when using residential premises located in apartment buildings.

So, in accordance with Article 36 of the Housing Code Russian Federation(hereinafter referred to as the Housing Code of the Russian Federation) the owners of premises in an apartment building own, by the right of common shared ownership, the common property in the apartment building, namely:

3) roofs enclosing the load-bearing and non-load-bearing structures of a given house; mechanical, electrical, sanitary and other equipment located in a given house outside or inside the premises and serving more than one room;

The owners of premises in an apartment building own, use and, within the limits established by housing and civil legislation, dispose of the common property in the apartment building, while the share in the right of common ownership of the common property in the apartment building of the owner of the premises in this building follows the fate of the ownership of the specified premises. When transferring ownership of premises in an apartment building, the share in the right of common ownership of the common property in this building of the new owner of such premises is equal to the share in the right of common ownership of the specified common property of the previous owner of such premises.

The right of common shared ownership of common property belongs to the owners of premises in a building (house) by force of law, regardless of its registration in the Unified State Register of Rights.

In accordance with Art. 16 Federal Law of December 29, 2004 No. 189-FZ “On the entry into force of the Housing Code of the Russian Federation” (hereinafter referred to as the Law on the entry into force of the Housing Code of the Russian Federation) a land plot on which an apartment building and other real estate objects included in such a house are located, which was formed before the entry into force of the Housing Code of the Russian Federation and in respect of which state cadastral registration was carried out, passes free of charge into the common shared ownership of the owners of premises in an apartment building.

If the land plot on which the apartment building and other real estate objects included in such a building are located was not formed before the entry into force of the Housing Code of the Russian Federation, then any person authorized by the decision of the general meeting of owners of the premises in the apartment building has the right to contact government authorities or local government authorities with an application for the formation of the land plot on which the apartment building is located.

The formation of the land plot on which the apartment building is located is carried out by state authorities or local governments.

From the moment the land plot is formed and its state cadastral registration is carried out, the land plot on which the apartment building and other real estate objects included in such a building are located are transferred free of charge into the common shared ownership of the owners of the premises in the apartment building.

According to paragraph 2 of Article 23 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it” (hereinafter referred to as the Registration Law), state registration of the emergence, transition, restriction (encumbrance) or termination of the right to residential property or non-residential premises in apartment buildings are at the same time state registration of the right of common shared ownership of common property inextricably linked with it.

Taking into account the provisions of Article 23 of the Law on Registration and Article 16 of the Law on the implementation of the Housing Code of the Russian Federation, state registration of the right of common shared ownership of a land plot, which is common property in an apartment building, is of a legal nature.

Thus, the owners of premises in apartment buildings have the right of common shared ownership of the land plot on which such houses are located, in accordance with Article 16 of the Law on the entry into force of the Housing Code of the Russian Federation, arises from the moment the land plot is formed and its state cadastral registration is carried out. At the same time, state registration of the rights of at least one owner of a residential or non-residential premises in an apartment building (and simultaneous state registration of the inextricably linked right of common shared ownership of common property in an apartment building, including a land plot) is a legal act of recognition and confirmation by the state of the emergence of the rights of the owners of premises in an apartment building to the specified property, including number per land plot.

The conclusion of any additional agreements for the transfer of common property in an apartment building into common shared ownership is not provided for by the current legislation; the Law on the implementation of the Housing Code of the Russian Federation also does not require the issuance by state authorities or local government bodies of decisions on the provision of land plots to owners of premises in apartment buildings houses.

The provision of documents for state registration of the right of common shared ownership of real estate is carried out in accordance with the Registration Law (including articles 16, 17 and 18 of the Registration Law).

Thus, for state registration of the right of common shared ownership of real estate objects that are common property in an apartment building, the following are provided:

1. Application for state registration of the right of common shared ownership of common property in an apartment building;

2. A document certifying the identity of the applicant or a person authorized by him if he has a notarized power of attorney, or a decision of the general meeting of premises owners to empower a representative for state registration of the rights of all premises owners to common property in an apartment building;

3. Documents confirming payment of the state duty;

4. Documents on the formation by a state authority or local government body of the land plot on which the apartment building is located, if the land plot was formed after the entry into force of the Housing Code of the Russian Federation (01.03.2005);

5. The decision of the general meeting of owners of premises in an apartment building on the formation of the land plot on which the apartment building is located (if the land plot on which the apartment building and other real estate included in such a building is located was not formed before the implementation of the residential complex RF - 03/01/2005);

6 Decision (minutes) of the general meeting of premises owners on the determination of shares in the right of common shared ownership of common property in an apartment building (if the decision of the general meeting of premises owners did not determine a different procedure for the distribution of shares in the right of common ownership of common property in an apartment building );

7. A technical accounting document for an apartment building, containing information about the composition of the common property in the apartment building;

8. Title documents confirming the existence of rights of owners of premises in an apartment building that arose before the entry into force of the Law on Registration (before January 30, 1998) to the premises, if at the time of submitting documents for state registration there is a right of common shared ownership of the objects real estate in the Unified State Register of Rights to Real Estate and Transactions with It (hereinafter referred to as the Unified State Register of Real Estate) there are no records of state registration of the existence of rights of owners of premises in an apartment building;

9. Other documents necessary for state registration of rights in cases established by law.

Registration of rights to common property is possible only after registration of the owner’s right to his individual premises.

In accordance with subparagraph 23 of paragraph 1 of Article 333.33 of the Tax Code of the Russian Federation, a state fee of 200 rubles is charged for state registration of a share in the right of common ownership of common property in an apartment building.

A certificate of state registration of rights in connection with the state registration of the right of common shared ownership of real estate objects is not issued to the owner of premises in an apartment building.

Information on the state registration of the right of common shared ownership of real estate objects is included in the certificate of state registration of the right of ownership of premises (residential or non-residential) in an apartment building by entering into it a description of the real estate objects and indicating the size of the share in the right of common ownership of it.

The right holder of the premises (participant in common shared ownership of common property in an apartment building), who earlier, after state registration of ownership of the premises (residential or non-residential), was issued a certificate of state registration of the right, in which the size was not indicated in the “Type of right” column shares in the right to common property in an apartment building, after entering the relevant information into the Unified State Register, a certificate of state registration of the right can be re-issued.

The completed state registration of rights to a land plot under an apartment building is certified, in particular, by an extract from the Unified State Register.

A specific feature of common ownership of common property in an apartment building is the connection of the share in the ownership right with the right to the premises. That is, the right to common property follows the fate of the ownership of the premises. A share in the right to common property cannot be sold, donated, mortgaged, allocated in kind - it has no other purpose than to ensure the normal operation of the house, therefore the right of ownership to it arises and terminates along with the right of ownership to the premises.

There are a number of other features of the regime of shared ownership of common property in an apartment building: a share in the right of ownership, regardless of its size, gives the right to unimpeded possession and use of all common property, namely:

1. Additional guarantees:

Without the consent of the owners, it is impossible to use the land, such as laying new roads, construction, organizing commercial and other enterprises (car washes, parking lots, garages, etc.) on the territory owned by the owners of the apartment building;

Without the consent of the owner, any alienation of part of the land plot is impossible, just as the demolition (construction) of any buildings is impossible;

It is impossible to seize a land plot for municipal (state) needs free of charge.

2.Additional possible profit:

Owners have the right to rent out part of the land plot or provide it for other paid use. In addition, the presence of land ownership significantly increases the cost per square meter of residential or non-residential premises.

3. Ease of use:

Owners have the right to take various actions with the land plot, including those aimed at its improvement, construction of additional structures, playgrounds and other buildings necessary to ensure the normal functioning of the apartment building.

V.N. Iguminova,

chief expert

municipal department for the Omsk region

Rosreestr Office

in the Omsk region,

state registrar.

. Ownership rights to common property of premises owners in an apartment building

Commentary on Article 36 of the RF Housing Code:

1. Part 1 comment. Art. contains a rule developing the norm of paragraph 1 of Art. 290 of the Civil Code of the Russian Federation, indicating the potential ownership of common property in an apartment building by the owners of the premises in it. This rule lists the element-by-element composition of common property in greater detail. At the same time, the list of elements that form the common property, in contrast to the list contained in paragraph 1 of Art. 290 of the Civil Code of the Russian Federation, is not exhaustive.

New edition part 1 comment. Art. with a greater degree of detail compared to its previous version, it groups elements of common property in an apartment building.

When deciding whether to classify a particular element as common property, one should be guided by the signs of the purpose of these elements. There are two such signs.

The first sign is that the element is intended to serve more than one room. The second sign is that the element is intended to serve the entire apartment building.

Common property, if there are necessary legal grounds for it, belongs to the owners of premises in an apartment building on the right of common shared ownership.

The composition of common property is determined in accordance with Section. 1 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491 (SZ RF. 2006. N 34. Art. 3680). In accordance with these Rules, the common property includes:

Premises in an apartment building that are not parts of apartments and are intended to serve more than one residential and (or) non-residential premises in this apartment building, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, strollers, attics, technical floors (including built-in garages and areas for motor transport, workshops, technical attics built at the expense of the owners of the premises) and technical basements in which there are engineering communications, other equipment serving more than one residential and (or) non-residential premises in an apartment building (including boiler rooms , boiler rooms, elevator units and other engineering equipment);

Enclosing load-bearing structures of an apartment building (including foundations, load-bearing walls, floor slabs, balcony and other slabs, load-bearing columns and other enclosing load-bearing structures);

Enclosing non-load-bearing structures of an apartment building serving more than one residential and (or) non-residential premises (including windows and doors of common areas, railings, parapets and other enclosing non-load-bearing structures);

Mechanical, electrical, sanitary and other equipment located in an apartment building outside or inside the premises and serving more than one residential and (or) non-residential premises (apartment);

A plot of land on which an apartment building is located and the boundaries of which are determined on the basis of state cadastral registration data, with elements of landscaping and landscaping;

Other facilities intended for the maintenance, operation and improvement of an apartment building, including transformer substations, heating points intended to serve one apartment building, collective parking lots, garages, children's and sports grounds located within the boundaries of the land plot on which the apartment building is located.

When determining the composition of common property, information contained in the Unified State Register of Rights to Real Estate and Transactions with It on rights to real estate objects that are common property, as well as information contained in the state land cadastre (see Order of the Ministry of Justice of the Russian Federation dated February 14, 2007) is used . N 29 "On approval of the Instruction on the specifics of making entries in the Unified State Register of Rights to Real Estate and Transactions with It during the state registration of rights to real estate objects that are common property in an apartment building, providing information on registered rights of common shared ownership of such objects real estate" // RG. 2007. March 22).

The composition of common property is determined:

Owners of premises in an apartment building in order to fulfill responsibilities for the maintenance of common property;

State authorities in order to control the maintenance of common property;

Local government bodies for the purpose of preparing and holding an open competition for the selection of a management organization.

At the same time, local government bodies (in federal cities, government bodies of these constituent entities of the Russian Federation) according to the letter of the Ministry of Regional Development of the Russian Federation dated April 4, 2007 N 6037-RM/07 (Legislative and regulatory documents in housing and communal services. 2007. N 6) in order The owners of premises in an apartment building are not authorized to approve or agree on the composition (list) of common property in an apartment building to fulfill the obligation to maintain common property, as well as for other purposes, with the exception of preparing and holding an open competition for the selection of a management organization.

2. The norm enshrined in the second sentence of paragraph 4, part 1 comment. Art., in contrast to the previously valid norm of Art. 10 Federal Law "On Homeowners' Associations" (SZ RF. 1996. N 25. Art. 2963; RG. 2001. December 31; 2002. March 26) does not contain specific instructions on the procedure for establishing the boundaries and dimensions of the land plot on which the apartment building, but includes wording of a referential nature, orienting the participants in the relevant relations to land legislation and legislation on urban planning activities. The requirements of land legislation regarding the boundaries and sizes of land plots are defined in general terms in Art. Art. 33, 36 of the Land Code of the Russian Federation, Federal Law "On Land Management" (RG. 2001. June 23), Federal Law "On the State Land Cadastre" (RG. 2000. Jan. 10), Decree of the Government of the Russian Federation of August 7, 2002 N 576 “On the procedure for disposing of state-owned land plots before the delimitation of state ownership of land” (RG. 2002. August 10; 2003. November 27).

The requirements of land legislation regarding the boundaries and sizes of land plots are defined in general form in Art. Art. 33, 36 of the Land Code of the Russian Federation, Federal Law "On the State Real Estate Cadastre" (RG. 2007. August 1), Ch. 4 of the Federal Law "On Assistance to Development housing construction"(RG. 2008. July 30), Federal Law "On Amendments to Certain Legislative Acts of the Russian Federation in Particulars of Improving Land Relations" (RG. 2008. July 25). The relevant requirements of the legislation on urban planning activities are enshrined in the Urban Planning Code of the Russian Federation ( SZ RF. 2005. N 1. Article 16, as amended and supplemented) and the secondary legal acts developing it.

In the constituent entities of the Russian Federation, as a rule, regulations are adopted that regulate in detail the relations that arise in connection with the establishment of the boundaries and sizes of land plots located under apartment buildings. Thus, in St. Petersburg, in this area, there is an order of the Government of St. Petersburg dated March 29, 2005 N 25-rp “On the procedure for interaction between public authorities of St. Petersburg and organizations in the formation of a land plot on which an apartment building is located” (Vestnik Administration of St. Petersburg. 2005. N 4).

3. Part 2 comments. Art. establishes the legal capabilities of the owners of premises in an apartment building in relation to common property. Since the regime of common property is defined as shared ownership, ownership, use and disposal of it is carried out by agreement of all participants in shared ownership (see Articles 246, 247 of the Civil Code of the Russian Federation). The need to reach an agreement between participants in shared ownership regarding the ownership and use of common property is due to the fact that, regardless of the size of the shares in the ownership right, the powers of the owners are equal in scope. A participant in common shared ownership, if it is actually possible, has the right to demand the provision of a part of the common property for his possession and use, which can be separated from its other parts.

4. Rule part 3 comments. Art. is new in housing legislation. It points to the only possible way from the point of view of the legislator to reduce the size of the common property - the reconstruction of an apartment building, or rather one of its options, the implementation of which should result in a reduction in the total area of the apartment building. In this case, the legislator does not provide for other ways to reduce the size of common property, for example, by changing the boundaries and reducing the size of the land plot on which the house is located.

5. Part 4 comments. Art. contains a rule that specifies the rule of paragraph 1 of Art. 246 of the Civil Code of the Russian Federation, which establishes a monopoly of co-owners on determining the legal fate of common property. An agreement between participants in shared ownership for the transfer of certain elements that form the common property must be formalized by a special decision adopted at a general meeting of owners of premises in an apartment building. It is obvious that such a decision within the meaning of paragraph 1 of Art. 246 of the Civil Code of the Russian Federation must be adopted by agreement of all participants in shared ownership, since the reluctance of at least one of the co-owners to transfer part of the property to other persons makes the transfer process illegitimate. However, within the meaning of Part 1 of Art. 46 comments According to the law, this decision is made by a majority of at least 2/3 of the total number of votes of the owners of premises in an apartment building.

Transfer options can be very different, including using competitive auction procedures, for example, when granting the right to use a parking lot or sports ground located on a land plot that is part of the common property.

Relations regarding the use of individual elements of common property must be formalized by an agreement concluded between a person authorized by the co-owners and the user.

In the literature, the opinion has been expressed that the transfer for use of any part of the common property should be carried out according to the rules for transactions with movable property (see: Article-by-article commentary to the Housing Code of the Russian Federation / Edited by P.V. Krasheninnikov. M., 2005. P. 185). This opinion seems erroneous, since transfer for use is not an act entailing the alienation of part of the common property. In addition, the current legislation does not contain special rules regarding the use of movable property, with the exception of the lease of vehicles, rental and financial lease. However, in the latter case, the leased object must be isolated.

6. In part 5 comments. Art. a general permission has been established to encumber the land plot on which the apartment building is located with the right of limited use of this plot by third parties. This right is called an easement and belongs to the category of real rights (Articles 216, 274 - 277 of the Civil Code of the Russian Federation). An easement is established on owned property and does not terminate when this property is transferred to a new owner.

By general rule An easement is established by agreement between the person requiring the establishment of a limited use right and the owners. The easement is subject to state registration in accordance with the rules of Art. 27 Federal Law "On state registration of rights to real estate and transactions with it" (SZ RF. 1997. N 30. Art. 3594; 2001. N 16. Art. 1533; 2002. N 15. Art. 1377; 2003. N 24 2244). State registration easements are made in the Unified State Register of Rights on the basis of an application from the owners (the person authorized by them) or the person in whose favor the easement is established, if the latter has an easement agreement.

7. In part 6 comments. Art. the legal consequences of destruction, accidental death, demolition of an apartment building are determined in terms of ownership of a share in the right of common shared ownership of a land plot. When these circumstances occur, the share in the ownership of the land plot on which the destroyed, accidentally destroyed or demolished apartment building was located is established based on the share in the ownership of the common property in the apartment building, i.e. remains unchanged and equal to the value that existed at the time of the occurrence of the relevant circumstances.

ST 36 Residential Complex of the Russian Federation.

1. The owners of premises in an apartment building shall own, by right of common shared ownership, the common property in the apartment building, namely:

3) roofs enclosing load-bearing and non-load-bearing structures of a given house, mechanical, electrical, sanitary and other equipment (including structures and (or) other equipment designed to ensure unhindered access for people with disabilities to premises in an apartment building) located in this home outside or indoors and serving more than one room;

2. The owners of premises in an apartment building own, use and, within the limits established by this Code and civil legislation, dispose of the common property in the apartment building.

3. 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.

4.1. Adaptation of common property in an apartment building to ensure unimpeded access for people with disabilities to premises in an apartment building in accordance with the requirements specified in Part 3 of Article 15 of this Code is allowed without a decision of the general meeting of owners of premises in an apartment building only if such adaptation is carried out without the involvement of Money the indicated owners.

6. In the event of destruction, including accidental death, demolition of an apartment building, the owners of the premises in the apartment building retain a share in the right of common shared ownership of the land plot on which the house was located, with elements of landscaping and landscaping and other intended for maintenance and operation and improvement of this house, objects located on the specified land plot, in accordance with the share in the right of common shared ownership of common property in an apartment building at the time of destruction, including accidental death, demolition of such a house. These owners own, use and dispose of the property provided for in this part in accordance with civil legislation.

Commentary to Art. 36 Housing Code of the Russian Federation

1. Common property in an apartment building - parts of the real estate complex intended for maintenance, use and access to the premises; closely related to the premises' purpose and following their fate: inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements in which there are utilities, other equipment serving more than one room in a given house (technical basements ), as well as roofs enclosing load-bearing and non-load-bearing structures of a given house, mechanical, electrical, sanitary and other equipment located in a given house, outside or indoors and serving more than one room, the land plot on which the house is located, with elements of landscaping and improvement and other objects located on the specified site intended for the maintenance, operation and improvement of this house.

According to Article 36 of the Housing Code of the Russian Federation, in the common property of owners in an apartment building, the share of a particular owner determines his responsibilities for costs in the total amount of mandatory payments for the maintenance and repair of the named types of common property, i.e. these are mandatory payments made by the owner taking into account his share in the common property or the so-called burden of maintaining property based on shared ownership.

Failure by the owner to use the premises belonging to him on the basis of common shared ownership or refusal to use common property does not constitute grounds for exempting the owner, in whole or in part, from participating in the general costs of maintenance and repair, and other expenses.

The owner's share in the total volume of obligatory payments can serve as the basis for determining the number of votes of one person at a general meeting of owners in an apartment building. However, it should be borne in mind: each owner, when exercising the right of common shared ownership, regardless of the size of his share, in principle, has one vote.

The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the provisions of Art. 83, 85 of the Land Code of the Russian Federation and Art. 20 - 22 of the Town Planning Code of the Russian Federation.

Land plots are transferred into common shared ownership to the owners in standard sizes free of charge. In this case, the standard size of a land plot is determined depending on the area of the plot occupied directly by an apartment building and other real estate, as well as the adjacent territories necessary to ensure their functioning (maintenance), taking into account compliance with the norms of the Town Planning Code of the Russian Federation, fire safety, sanitary zones between buildings, other standards ensuring standard living conditions.

2, 3, 4. Owners of premises in an apartment building own and use common property in accordance with the intended purpose and rules of use. Disposal rights are limited. By decision of the owners of the premises, adopted at their meeting, objects of common property may be transferred for use to other persons if such transfer does not violate the rights and legitimate interests of citizens and legal entities.

Inter-apartment staircases, corridors, enclosing and supporting structures, elevator and other shafts, mechanical, electrical, plumbing and other equipment located inside the premises are not subject to alienation and transfer for use.

By decision of the owners of premises, the following may be transferred for temporary use (based on an agreement) to other persons: stairs, elevators, technical floors, attics, basements, land plots, if, as noted, this does not violate the rights and legitimate interests of citizens and legal entities.

Such a transfer on a paid basis may be caused by the interests of entrepreneurial activity, obtaining property benefits from placing restaurants, bars, cafes, shops in the basements; on the technical floors - workshops for the repair and maintenance of transmitting radio and television equipment; on the roofs of houses - installation of billboards, etc.

It is permissible to either reduce or increase the common property in an apartment building with the consent of all owners on the basis of officially approved reconstruction by the competent authorities (installation of improved elevators, new engineering equipment in technical basements, etc.).

5. The land plot on which the apartment building is located may be encumbered with the right of limited use by other persons (). Refusal to use a land plot is not permitted when access to facilities that existed before the day this Code came into effect (before March 1, 2005) is required. There are no strict restrictions regarding the new encumbrance of a land plot with the right of limited use. Such use is established by agreement between the owners of the premises and interested parties. Disputes about the easement and its conditions are resolved by the court.

1. The owners of premises in an apartment building shall own, by right of common shared ownership, the common property in the apartment building, namely:

(see text in the previous edition)

2. The owners of premises in an apartment building own, use and, within the limits established by this Code and civil legislation, dispose of the common property in the apartment building.

3. 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.

4.1. Adaptation of common property in an apartment building to ensure unhindered access for people with disabilities to premises in an apartment building in accordance with the requirements specified in Part 3 of Article 15 of this Code is allowed without a decision of the general meeting of owners of premises in an apartment building only if such adaptation is carried out without attracting funds the indicated owners.

(see text in the previous edition)