Marina Tokmakova: about equity holders in Murino, forced to accept apartments without finishing.
The story of the notorious long-term construction in Murino ended with unpleasant consequences for equity holders. The fact is that the residents are offered to accept concrete boxes instead of ready-made apartments.
Marina Tokmakova, head of the real estate practice at Duvernoix Legal, commented on this situation.
"According to the expert, the question of whether or not to accept an apartment should be considered taking into account the analysis of the agreement, which was concluded between the shareholders and the housing construction cooperative, and the charter of the cooperative, since the federal law FZ-214 is not directly applicable in this case, and the federal law FZ-215 "On housing savings cooperatives" leaves many issues at the mercy of regulation by the internal acts of the cooperative.
If it can be established that, in fact, the agreement contains all conditions that are mandatory for the equity participation agreement, then we can count on the application of the federal law FZ-214 to legal relations - require the drawing up of an act indicating that the apartments do not have the finishing provided for in the agreement and require the developer to eliminate defects free of charge. It is also necessary to pay attention to who exactly the contract was concluded with: whether the housing cooperative is a developer. If this is the case, then the chances of a successful consideration of the situation rise, since claims can be made against the developer on the quality of the object," says Marina Tokmakova.