The Need for Legal Consolidation of Mechanisms for the Return to the Regional Operator of Funds Borrowed to Pay for Complete Repairs of an Apartment Building

Abstract

The paper analyzes possible negative consequences of the use by a regional operator to pay for complete repairs of the apartment buildings of funds paid by the owners of the premises of other houses. The right of a regional operator to use such funds on a refundable basis is established by federal law and is actively applied in most regions of the Russian Federation. However, in practice, it is not always possible to return the funds borrowed in this way, which is a serious problem for the regional operator, undermining its financial stability. In addition. this requires the development of mechanisms to guarantee such a refund. The current requirements for regional capital repair programs, in conjunction with the established responsibilities of the regional operator, force the regional operator to ensure that major repairs are carried out even in those houses where repair is inappropriate. The subsequent exclusion of these houses from capital repair programs creates problems affecting the financial stability of the regional operator.