how to get compensation for the gulf through the fault of HOA

[Anonymous]

Recently, through the fault of the HOA (a plumber twisted something in the attic) flooded my apartment. They offer to re-stick a piece of wallpaper, but such a proposal does not suit me, because in addition to wallpaper, the ceiling is spoiled. The wallpapers themselves are expensive. Now this tone of wallpaper is not on sale. Moreover, we did the repair recently. I consider the offer to make a patch on expensive repairs a mockery. I called representatives of the HOA to draw up the act, but they did not give me a copy of this act. I turned to the boss, but the act was never given to me. What should I do? How to get compensation for damaged repairs?

 

[Адвокат]

In accordance with Article 1064 of the Civil Code of the Russian Federation, the damage caused is subject to compensation in full by the person who caused the damage.
If the HOA does not give you a copy of the Inspection Act, you have the right to independently draw up such an act in the presence of at least 2 witnesses (it is advisable that they were not the residents of your house), in which it is necessary to reflect the date and time of the bay, the reason for the leaks and a description of the damage caused.
Then, the calculation of the cash equivalent necessary to eliminate the damage caused by the leak should be carried out. If there is no objection from the Respondent, the court will accept the calculation, which you can make yourself.
In case of objections, you can contact any expert institution that provides expert services to the public. However, in accordance with the Federal Law of August 8, 2001 N 128-ФЗ "On Licensing Certain Types of Activities" expert activity is subject to licensing. Therefore, before concluding a contract with an expert institution, you should ask if the organization has a license to carry out expert activities.
The statement of claim shall be submitted to the justice of the peace if the price of the Claim does not exceed 500 minimum wages, if the price of the Claim exceeds 500 minimum wages - to the federal court. The statement of claim shall be accompanied by: a) the Gulf Act drawn up by you; b) costing, or the conclusion of an expert institution; c) a license for the right to carry out expert activities by an expert institution; d) receipt of payment of state duty.
When calculating the amount of damage in the statement of claim, in addition to the amount of money indicated in the calculation (expert opinion) about the damage caused to the apartment, it is also necessary to include remuneration to the expert institution, commission for transferring funds through a credit institution, claim for reimbursement of the paid state duty for filing the Claim, etc. .
In addition, in the statement of claim it is necessary to petition for the demand from the HOA drawn up by the representatives of this organization of the Gulf Act.

 

[Матушкин Андрей Николаевич]

Thank!

 

[Anonymous]

A statement that I was flooded need to be submitted to the HOA?

 

[Адвокат]

In the HOA you need to make an application for a commission that will record the fact of the bay. Ideally, the commission should indicate in the act what property, including the walls, ceiling, floor of the apartment were damaged, the nature and extent of damage. But in practice, as a rule, only the fact of the bay is recorded.
Therefore, you can independently, in the presence of 2 people, preferably not relatives, draw up an act in which to describe in detail what property was damaged. You can take photos of the damage.
It is always better to solve any problem through peaceful negotiations. Decide for yourself what a reasonable amount of money will harm you. Try to chat with the neighbors who caused the gulf. Perhaps they will agree to voluntarily compensate you for the harm.
If the neighbors do not agree to resolve the issue peacefully, or the gulf was caused by the HOA (which, as a rule, offer obviously inadequate compensation, for example, pasting over a flooded wall with cheap wallpaper), then it makes sense to assess the damage with the help of organizations specializing in such assessments. After that, file a lawsuit in court.
If the court satisfies your claims, then at your request the court may oblige the Defendant to reimburse you for the state duty paid by you for filing the claim, expenses for damage assessment, and services of a lawyer (lawyer).

 

[@InfoPoisk]

In addition, it is advisable to back up the damage (leakage and spoilage) with a photo session.

 

[BorisTem]

Здравствуйтеу меня вопрос-я был уволен по ОШМ в мае месяце.документы все собрал и получил ответ-что мой вопрос решен положительно,но прошло уже 3 месяца которые даны по закону на перевод средств,а деньги так и не пришлиможет они не приходят из-за того ,что я указал банковский реквезит сбербанка?и подскажите как мне получить эти деньги,а когда их получу как я ими могу воспользоватся без вмешательства банка?поясните подробнее если можно