The Supreme Court of the Russian Federation ruled that including…
The Supreme Court of the Russian Federation ruled that including debts older than three years in capital repair bills is illegal. The Supreme Court prohibited the inclusion of such debts in capital repair bills.
Consensus
- The Supreme Court of Russia ruled that debts for capital repair older than three years cannot be included in payment invoices.
- The expiration of the statute of limitations protects property owners from forced collection of such debts.
- Management organizations are not allowed to include old capital repair debts in payment documents.
- The court refused to reconsider the case, confirming the lower courts' decisions.
Points of divergence
- The appellate court previously overturned the first-instance decision, arguing that there is no prohibition in the Housing Code against including old debts in invoices and that only a party's claim can trigger the statute of limitations. — vm
- The regional fund argued that the absence of arrears in payment slips does not deprive the organization of its right to recover debts through court proceedings, and the notice did not impose additional obligations on it. — vm
- The case originated in Saint Petersburg, where a state housing supervision body demanded that a regional capital repair operator remove arrears from 2016 to 2023 from payment invoices. — m24
Coverage (3 sources)
- Supreme Court of Russia Declares Illegal Inclusion of Debts Older Than Three Years in Capital Repair Bills — ТАСС (Telegram)
- Supreme Court of Russia Bans Including Debts Older Than Three Years in Housing Utility Payments — Вечерняя Москва
- Supreme Court bans including debts older than three years in capital repair bills — Москва 24