Проблемы определения доли в праве общей долевой собственности на общее имущество в многоквартирном доме

Abstract

It is established that in order to implement effective decisions of meetings of co-owners in the right of common shared ownership, it is extremely important to provide a single and understandable way of counting votes and the principle of expenses commensurate with the share in the right of common ownership corresponding to this method. The main legal problems arising in connection with the quantitative calculation of the size of the shares of co-owners in the right of common shared ownership of the common property of an apartment building are identified. The leading approaches to the study of this problem are dialectics, analysis, synthesis, deduction, formal legal and comparative legal methods. It is concluded that when calculating the share, it is necessary to take into account the ratio of the size of the area of a certain room to the total area of all residential and non-residential premises in the aggregate, without taking into account the total property of an apartment building, in connection with which it is recommended to amend paragraph 1 of Article 37 of the Housing Code of the Russian Federation. To date, it is relevant to investigate the regulation of the share in the right of common ownership, because, despite the presence in the Housing Code of the Russian Federation of the norm on the definition of the share, law enforcement practice is not uniform and contradictory, applying different approaches to the calculation of the share. At the same time, this issue is of great practical importance, since it is related to the counting of the number of votes at the general meeting of co-owners, and also directly affects the rights and legitimate interests of co-owners in terms of redistributing the burden of expenses for the maintenance of common property in an apartment building in accordance with the size of the share.