The Civil Code of the Russian Federation(with the Additions and Amendments of February 20, August 12, 1996,
October 24, 1997, July 8, December 17, 1999, April 16, May 15,
November 26, 2001, March 21, November 14, 26, 2002,
January 10, March 26, November 11, December 23, 2003)
Chapter 18. The Right of Ownership and the Other Rights of Estate to the Living Quarters
Article 288. The Ownership of the Living Quarters
1. The owner shall exercise his rights of the possession, the use and the disposal of the living quarters in his ownership in conformity with their intended purpose.
2. The living quarters shall be intended for the citizens' residence. The citizen-the owner of the living quarters may use them for his own residence and for the residence of the members of his family.
The living quarters may be given by their owner in rent for residence on the ground of a contract.
3. The accommodation in the dwelling houses of various kinds of industrial production shall not be admitted. The accommodation by the owner in the living quarters he owns of the enterprises, institutions and organizations shall be admitted only after the said quarters have been turned from the living into the non-living ones. The transfer of the quarters from the living into the non-living ones shall be effected in conformity with the procedure, defined by the housing legislation.
Article 289. The Flat as an Object of the Right of Ownership
To the owner of the flat in an apartment house, alongside the quarters he owns, occupied by his flat, shall also belong a share in the right of the ownership to the common property of the house (Article 290).
Article 290. The Common Property of the Owners of Flats in an Apartment House
1. The owners of flats in an apartment house shall own by the right of the common share ownership the common quarters of the house, the house's load-carrying structures, the mechanical and electrical equipment, the plumbing fixtures and the other equipment outside or within the flat, servicing more than one flat.
2. The owner of the flat shall not have the right to alienate his share in the right of the ownership to the common property of the apartment house, or to perform other actions, entailing the transfer of this share apart from the right of the ownership to the flat.
Article 291. The Partnership of the Housing Owners
1. To provide for the exploitation of the apartment house, the use of the flats and of their common property, the owners of flats shall set up the partnerships of the owners of flats (of the housing).
2. The partnership of the owners of flats shall be the non-profit organization, set up and operating in conformity with the Law on the Partnerships of the Owners of Flats.
Article 292. The Rights of the Family Members of the Owners of the Living Quarters
1. The family members of the owner, residing in the living quarters he owns, shall have the right to use these quarters on the terms, stipulated by the housing legislation. Members with dispositive capacity of the family of an owner living in housing premises belonging to the owner shall bear joint and several liability with the owner for the obligations arising from the use of the housing premises.
2. The transfer of the right of the ownership to the dwelling house or to the flat to the other person shall not be the ground for the cessation of the right of the use of the living quarters by the family members of the former owner, unless otherwise established by law;
3. The family members of the owner of the living quarters may claim the elimination of the violations of their rights to the living quarters on the part of any persons, including on the part of the owner of the living quarters.
4. Alienation of housing premises in which there live members of the family of an owner that are minors or lack or have limited dispositive capacity, if in this case there are affected the rights or legal interests of the indicated persons, shall be permitted with the consent of an agency of guardianship or curatorship.
Article 293. Cessation of the Right of the Ownership to the Mismanaged Living Quarters
If the owner of the living quarters uses them other than for their intended purpose, systematically violates the rights and interests of the neighbors or mismanages the housing by allowing its destruction, the local self-government body shall warn the owner about the need to eliminate the said violations, and if these violations entail the destruction of the living quarters - it shall also fix an approximate term for the owner to perform the repairs of the quarters.
If the owner after the warning continues to violate the rights and interests of the neighbors or to use the living quarters for other than their intended purpose, or does not perform the necessary repairs without serious grounds, the court, upon the claim of the local self-government body, shall have the right to adopt the decision on the sale of such living quarters at an open auction with the subsequent payment to the owner of the means, derived from the sale, minus the expenses, involved in the execution of the court decision.
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