O2 real estate force of nature informal group. Legal assistance to equity holders of the residential complex forces of nature. What do sharers say
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Forpost obtained photos and videos of the interior of the buildings of the infamous residential complex.
In early April, a group of shareholders who had invested in the largest long-term construction project in the Leningrad Region, made their way to the construction site, which had been “standing” for more than two years, in order to look at their “apartments”. The picture that appeared before their eyes plunged people into shock and revived the desire to get an answer to two primordially Russian questions: “who is to blame?” and “what to do?”.
The authorities of the Leningrad region are also trying to find an answer to the second question. Moreover, on a global scale, and not only in relation to the "Forces of Nature". So, at the end of March, Deputy Prime Minister of the region Mikhail Moskvin said that in the near future the regional administration plans to conclude agreements with developers of troubled houses on the completion of long-term construction.
“We will provide any organizational support to the developer, meet halfway and make concessions where possible within the law. But the developer and equity holders must understand that the authorities cannot provide financial assistance, give state guarantees for loans to developers and oblige resource-supplying organizations to connect their houses for free,” said Mikhail Moskvin.
The developer of the residential complex "Forces of Nature" notified the shareholders of the results of the meeting with the leaders of Absolut Bank and Baltinvestbank. According to the official group of the residential quarter "VKontakte", "a decision was made to open a credit line for the completion of the residential complex" Forces of Nature ".
Cooperation agreements will be sent to such companies or their subsidiaries as Norman, Navis, O2 Development, Glavstoykompleks, Leader Group, Lenspetsstroy. The document will determine the responsibilities of the parties for the commissioning of facilities, the timing of their commissioning and the required amount of funding for the work.
There is no doubt that such an initiative is needed. According to information from unofficial sources, there are more than eight thousand deceived equity holders in the region. The official figures are, of course, much more modest. At the end of last year, for example, a little more than a thousand citizens were included in the register of affected participants in shared construction. Moreover, the authorities then hastened to report that their number had decreased by almost three hundred people over the past three months.
Shareholders of the infamous long-term construction "Forces of Nature" in Murino got hope. They were promised that the unfinished houses would be taken seriously. Governor of the Leningrad Region Alexander Drozdenko and his deputies rush to the rescue. The issue price is 950 million rubles.
The deceived equity holders themselves refer to such juggling with numbers with a fair amount of sarcasm. After all, only the residential complex "Forces of Nature" managed to conclude 2666 contracts. The first stage, consisting of two houses and designed for 1850 apartments, the developer promised to hand over at the end of 2014. The second, for almost 2,000 apartments - at the beginning of 2015. But, apparently, something went wrong, and people were left without real estate. And no money, of course.
Since then, they have been fed promises. The shareholders received the last portion quite recently - the developer agreed to let them go to the construction site on April 10 to assess the amount of work performed. True, not all. The dispute about how many people who are not “loyal” to the developer have the right to look at “their house” has been going on for quite a long time. One side insisted on the number 14, the other - that seven people would be enough. However, these conversations had exactly the same relation to reality as all previous promises. Shortly before “X” hour, it became known that everything had changed and officially no one would be able to get to the construction site.
“We got in unofficially. What they saw was horrifying. The plaster layer, gypsum boards, gypsum blocks, and concrete floors are torn apart by water from the inside. Freezing and expanding in winter, it destroys buildings, soaks into the mineral wool of exterior panels and other building materials. As a result, mold and fungus have already appeared in the apartments. All these years we have been witnessing the deliberate destruction of property by the developer, for which they paid a lot of money! A normal company that actually plans to build and rent houses, spends billions of other people's money on finishing work, including "its own 632 million", would allow this? - asks Nikolai, one of those who once bought an apartment in the residential complex "Forces of Nature".
Apparently, the developer does not take any action to stop the destruction. “And so it will do,” as another famous builder from the cartoon of the same name once said. But can these buildings be completed? Perhaps the answer to this question is much more relevant than all the previous ones. Here we are not talking about philosophy, justice, and not even about the potential punishment of the guilty, but about elementary security.
It is difficult, not being a lawyer, to understand the intricacies of the current situation. To understand who is really to blame and why the initiators of this construction are still at large? Where to find a new investor, rumors about whose appearance periodically arise, instilling hope in shareholders, but always turn out to be a “fake”? Who benefits from the decision of the court, which declared the housing cooperative "Murinskoe-1" bankrupt, but postponed the bankruptcy case of LLC "Romantika" - the second developer of the residential complex "Forces of Nature"?
Only one thing is clear. Refusal of shared housing construction and transition to a project financing mechanism with the participation of banks is the only sure way that will allow the country to get rid of such a shameful phenomenon as deceived equity holders forever. Another thing is that people who bought apartments in the "Forces of Nature" will no longer be helped. But who will help them, it is still quite difficult to say.
The government of the Leningrad region may begin bankruptcy proceedings for the Murinskoye-1 housing cooperative, which is building the first stage of the Forces of Nature residential complex according to the housing cooperative scheme. Bankruptcy will make it possible to complete the problematic facility, where 2,666 shareholders are waiting for their apartments. The company accuses officials of aggravating the situation.
The authorities of the Leningrad region are looking for opportunities for the bankruptcy of the company "". This was announced by the Deputy Chairman of the Government of the region for construction during a meeting with deputies on the issue of assistance to defrauded real estate investors. He called the residential complex "Forces of Nature" the most problematic object in the region.
"Construction of a residential complex is not carried out due to lack of funding (there is a need to build sewage and sanitation systems. - Ed.). There is no contact with the company's management. Shareholders attempted to change the board of the cooperative, but did not collect a quorum. The company cannot build and does not want to to transfer the object to another developer. Now we are studying the path of bankruptcy of the housing cooperative to change the board, so that people come with whom this object can be completed, "said Mikhail Moskvin.
He did not rule out that the regional authorities could initiate the process of bankruptcy of housing cooperatives: in 2015, a fine of 500 thousand rubles was imposed on housing cooperatives for illegally attracting funds from shareholders. So far, the company has not paid this fine. "If this does not happen, we will start bankruptcy procedures," Mikhail Moskvin said.
According to the documents, the construction is being carried out by two developers: ZhSK "Murinskoye-1" and OOO "Romantika". Behind these two legal entities is O2 Development. The number of share contribution agreements concluded by ZhSK "Murinskoye-1" with citizens is 2666. The number of agreements for participation in shared construction concluded by LLC "Romantika" with citizens is 126.
As Mikhail Moskvin noted, problematic facilities cannot be completed quickly: when a developer changes, a huge number of technical, economic and legal difficulties arise, many procedures require a long time.
"O2" is a unique object of its kind. The company's management collected more than 2 billion rubles from people, where all this money went is not clear. Now all the efforts of the company are aimed at blaming shareholders and regional authorities for stopping construction," the deputy chairman said.
At the same time, there are no restrictions on the extension of a building permit. In December of this year, the ZhSK expires the next permit. “We have no reason to refuse to issue a permit for an extension. We are interested in the facility being completed one way or another, and having a permit for a facility already under construction, even if it is problematic, is a necessary condition for its completion,” Mikhail said. Moskvin.
"If the housing cooperative raised funds from shareholders in order to build a house, then the rules of the insolvency (bankruptcy) law relating to the developer's bankruptcy procedure apply to it," explains Alexandra Petrova, senior lawyer of the company. "At the same time, the law does not contain special rules regarding the initiation of the procedure bankruptcy of the developer: in order to file an application, the creditor must have a court decision to recover funds from the housing cooperative. it is enough just to publish a notification in advance. In this regard, the authorities of the Leningrad region can initiate the bankruptcy procedure for housing cooperatives through these persons."
O2 Development is controlled by and. The press service of the company reported that "the efforts of Mikhail Ivanovich Moskvin in terms of the bankruptcy of the housing cooperative, of course, exacerbate the difficult situation even more."
"This is also due to the concern of both shareholders and investors with whom negotiations are underway. Repeatedly after the loud statements of the regional official, clients staged pickets and rallies, and investors naturally postponed their plans to finance the facility. Multiple appeals to the vice-governor as from outside both the developer and the shareholders ended with the words that an investor would be found, but so far no one has entered into a dialogue with either the clients or the board of the cooperative. there is an understanding that it is possible to solve the current situation only by the forces of the current developer, who is taking all the necessary actions," O2 Development is sure.
Earlier it was reported that the ex-co-owner planned to invest in the completion of houses (in the fall of 2015, the bank began to have serious problems, and now it is being sanitized by Absolut Bank). It was about 400-500 million rubles needed to connect houses to the water disposal and sewerage system. O2 Group leased land for the construction of 350,000 m2 of housing in Murino with the right of subsequent redemption from LLC Retail Park Empire (RP Empire), which is associated with Yuri Rydnik on the market. It is also known that Baltinvestbank acted as a financial partner of O2 Group in the project in Murino, although the bank always denied affiliation with the RP "Empire" However, in the end, Yuri Rydnik refused to finance the problematic construction.
The press service of "O2 Development" noted that the company continues negotiations with investors. "Our complex is of interest to investors. Firstly, the company is not credited and has no obligations to banks. Secondly, a sufficient collateral base has been provided. Thirdly, there are a sufficient number of unsold apartments in the houses," the company is sure.
It should be noted that earlier the authorities of the region demanded that the company transfer shareholders to equity participation agreements, but this did not happen.
"The process of transferring from the housing construction scheme to the DDU scheme is complex from a legal point of view, but the main point is the need for the person who will complete the construction of the residential complex to have the status of a developer in the concept of the Town Planning Code and Federal Law 214. It should also be emphasized that the funds contributed " Anna Senatorova.
In total, according to the government, since 2012, out of 25 problematic objects, only 10 have remained; out of 2,113 deceived equity holders, 2.1 thousand people received their apartments. The largest completed facilities are the housing cooperative "First Quarter" in Novy Devyatkino - 290 people, LLC "Edinstvo" in the village of them. Sverdlov - 353 equity holders, ZhSK "Telman 23" - 100 people, etc. By the end of 2016, it is planned to commission another problematic house - in Priozersk for 70 people.
In addition to the Forces of Nature residential complex, among other problematic facilities are the Vanino residential complex of Tareal LLC, where 171 DDUs have been concluded and construction has been halted due to lack of funding, and the Vorontsov residential complex of the Spetskapstroy company, where 400 DDUs have been concluded. Currently, construction is not going on due to lack of funding and the seizure of the company's current account.
Mikhail Moskvin noted that in order to solve the problem of deceived equity holders, it is necessary to stop equity construction and move on to project financing. "This is an ideal scheme, but, taking into account the cost of credit resources, it is not working," he said.
The volume of housing commissioning in the Leningrad Region in 2015 amounted to 2.3 million m2, of which apartment buildings - almost 1.8 million m2. The volume of commissioning as of November 1, 2016 amounted to 1.9 million m2, of which high-rise buildings - 1.4 million m2.
Today, 530 apartment buildings with a total area of 8.7 million m2 are being built in the Leningrad Region. Rosreestr registered 77 thousand participants in shared construction, and including shareholders - more than 100 thousand people.
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While the Arbitration continues to consider the bankruptcy case of the second developer of the residential complex "Forces of Nature" Romantika LLC, the developer announced another new investor for the project. The authorities of the Leningrad region are asked to present the “goods in person” in two days
In the near future, the Arbitration Court of St. Petersburg and the Leningrad Region should publish the reasoning part of the decision on the further course of the bankruptcy case of Romantika LLC, the second developer of the problematic Forces of Nature residential complex in Murino from 0 2 Development.
As noted in the official group of LenoblAIZHKA and the Directorate of KRT LO for the completion of a residential complex in the VKontakte network, at the last meeting it was announced that the shareholder Nikolaev had ceded his claim to the Leningrad Regional Mortgage Lending Agency. The same requirement was also claimed by the debtor, who wanted to introduce a monitoring procedure with his manager - the debtor extinguished Nikolaev's demand that the court proceed to consider the next creditor in line, affiliated with the debtor.
As emphasized in the message, during the meeting, the representatives of the debtor put forward two dozen arguments that the agency had violated the law, ranging from the fact that the assignment agreement must be registered, and ending with the fact that LenoblAHML violated the public procurement law when redeeming the claim.
However, the court found their arguments unfounded and confirmed the transfer of the claim in the bankruptcy case to LenoblAIZhK.
“Since a new investor from O2 Development has not yet been presented, the agency will ask for the introduction of a monitoring procedure in relation to Romantika LLC,” the message in the group emphasizes.
It should be noted that a new investor for the completion of the complex was also reported by the media just the other day. The corresponding official letter was received by the authorities of the Leningrad region on behalf of the lawyer Natalya Shatikhina, representing the interests of the O2 Development group of companies. In the document, she proposed to organize a meeting with a potential investor ... only in December 2018. According to Natalia Shatikhina, such a long delay is required, since the company is located in Moscow. However, as the lawyer noted, at the insistence of the authorities of the 47th region, such a meeting could take place earlier.
As it became known to StroyPuls, the governor of the Leningrad region Alexander Drozdenko really wished to meet early. He has already instructed the Deputy Chairman of the Government of the 47th region, Mikhail Moskvin, to organize a conversation with representatives of O2 Development and a potential investor from February 19 to February 22 this year. In addition, Mikhail Moskvin's office is also interested in the specific legal name of the investor, its authorized capital, founders, completed and ongoing projects. The lawyer is requested to provide these data by February 16.
It should be noted that according to open data on the Facebook page, Natalia Shatikhina is a managing partner in the Consulting Ligitation Arbitration group of companies. The Gazprom website notes that she has been an arbitrator at the Gazprom Arbitration Court since 2011.
Recall that shareholders and equity holders of the residential complex "Forces of Nature" (4 houses in total) have been waiting for housing for more than four years. Back in 2014, the deadlines were postponed by two years.
O2 Development has been trying to get funding for the completion of the facility since March 2016, but has been refused over and over again. Then executive authorities also joined in the search for a bank and a contractor. Later, information appeared that the ex-co-owner of Baltinvestbank Yury Rydnik could give money for completion, but he did not participate in the project. The owners of O2 Development themselves said that a certain investor was found, but the money did not come again.
And the appearance of a new investor is confirmed by the regional government, but the equity holders do not believe in it. The NSP correspondent, together with a representative of the developer, walked around four buildings not completed by O2 Development: two belong to the Forces of Nature residential complex, two belong to the Romashki residential complex.
Nature is waiting for March
The first building of the residential complex "Forces of Nature" is expected to be commissioned by the end of the year and start issuing keys in March 2019. The second building is promised to be commissioned in the summer of 2019 (keys - in August). The fact that equity holders do not see active construction work on the second building (citizens take pictures of the construction site from a neighboring residential complex), the developer explains by the fact that now most of the workers are focused on the launch of building 1. As the next stage of work, for example, electrical work, is completed, specialists switch to Pavilion 2.
In October, the start of landscaping work was announced. The earth is leveled, a preparatory grid is laid, “dornit”, on top of which crushed stone will go. Improvement according to the plan will be completed by the beginning of December.
In addition, a revision is underway on the first building, windows and walls are being re-insulated (this was required due to downtime at the construction site). Next to the second building, heating networks are being laid (the buildings will be connected to the Heating Networks of St. Petersburg OJSC). Active negotiations are underway with CJSC UNISTO (a division of UNISTO Petrostal), which has additional capacities, to connect the water supply and sewerage. The second option is to connect to Murino UK networks. It is a spare if the examination shows that the capacities of the UNISTO Petrostal company are still not enough to connect the Forces of Nature and Daisies.
A shopping center is planned on the territory of the residential complex, the frame of the building has already been erected, but so far residential buildings are in priority.
Finishing work is being completed in building 1, electricity is being supplied to the water metering unit, and arrangements are also underway in the main switchboard room.
Housing will be handed over with a pre-finishing finish. Doors to apartments, outlets for stoves, plumbing in bathrooms, sockets have been installed. Water meters are placed in the corridor, electricity meters are located in the apartments. In some places, work on the laying of low-voltage electrical networks is being completed. On the second building, it remains to complete the finishing and lay part of the communications in order to connect them to the facilities of the LCD "Tridevyatkino Kingdom", making a "puncture" under the highway in Lavriki.
The full list of works performed from May to September on both lines was given by the company in a report sent to the regional government (a copy can be viewed at the end of the text).
In the residential complex "Daisies" they are finishing driving piles under the second building, in some areas a pile field has already been filled. The first building of the residential complex is being built by two cranes, inside there are fresh packages of aerated concrete blocks, on some floors work begins on the construction of internal partitions.
Mystery investor
Anatoly Sobolev is in charge of the completion project. According to him, he represents a pool of investors. The owners of the unsold apartments are the official developers: the Romantika company and the housing cooperative Murinskoe-1.
“I actually live here - until the end of the construction I rented an apartment in a neighboring house,” says Mr. Sobolev. Construction headquarters - two modest wagons, a long table, ringing phones.
At the construction site, Mr. Sobolev clarifies, 80 people work. They are engaged in roofing, facades, masonry, waterproofing, landscaping, cleaning, raising building materials to the floors.
According to him, about 3 billion rubles are needed to complete the facilities: 2.5 billion for the Romashki residential complex, about 450 million rubles for the Forces of Nature. This roughly corresponds to the cost of all unsold apartments. Mr. Sobolev explains the investor's interest in this situation as follows: "Political capital and earned reputation."
Now housing in two LCDs is expected by 2606 equity holders. In the first and second buildings of the Forces of Nature, a hundred apartments each have not been sold. About 700 apartments have been sold in the Romashki residential complex. By the way, equity holders of this complex are offered housing in the first stages of the Forces of Nature, but with an additional payment for additional footage. About thirty buyers agreed. The planned date for the commissioning of both buildings of the residential complex "Daisies" is 2020.
The new unnamed investor does not take on the payment of penalties for late commissioning. These obligations remain with O2 Development. Apartments in the residential complex "Daisies" are not currently for sale due to the introduced monitoring procedure (the developer is challenging it in court).
According to Mr. Sobolev, he has normal relations with the majority of equity holders and shareholders. “We communicate constantly, many people have my mobile phone, I received the last message yesterday at two in the morning, today we started talking at six in the morning.”
LCD "Forces of Nature" is one of the oldest problematic long-term construction in Murino, work there froze in 2015. In May 2018, the O2 Group (former O2 Development) announced that it had found an investor (this information is confirmed by the regional government). The company has begun to complete the construction of two houses of the first stage of the Forces of Nature residential complex, and also began to build two buildings of the second (now the object is called the Daisies residential complex). Who is the investor - is not officially reported.
Hello Vladimir Vladimirovich! We appeal to you, because K. My wife and I are members of the cooperative ZhSK Murinskoe-1, TIN 4703133234, OGRN 1134703000629, location: 191014, St. Petersburg, st. Front, d.
3, building 2, letter A, room 81N was registered on January 28, 2013 by the Inspectorate of the Federal Tax Service of Russia for the Vsevolzhsky District of Len. Region Developer LLC Romantika, TIN 4703132463. Share contribution agreement N 02-23-12-14 / IP / 3-2-230 December 23, 2014.
The apartment was purchased on a mortgage with the involvement of maternity capital funds in a multi-storey residential complex "Forces of Nature", II stage of construction, building 3. The planned completion date of the second stage of construction in the contract is approximately the first quarter of 2016. From our side, all shares were paid (there is a certificate of payment). To date, the customer company of the residential complex "Forces of Nature" o2 development has left more than 2,000 people homeless (there are 2,666 contracts). The object is officially recognized as a long-term construction, shareholders enter the register of citizens affected by the actions of the developer, which is maintained by the construction committee of the Leningrad Region.
Under the share contribution agreements, the shareholders were supposed to move into their apartments at the end of 2014, but have not yet exercised their right to housing. The local authorities, which issued the building permit, accuse the citizens that they fell for cheap prices and bought from an unreliable developer. The question arises? Why was an unreliable developer given permission to build such a huge residential complex. The developer, referring to the fact that the approximate deadlines for completing the object, not only is not in a hurry, but generally stopped construction activities six months ago, even removed the cranes from the second stage and removed all the equipment.
From the construction site, building materials are secretly taken out by incomprehensible companies in an unknown direction, while the developer shows strange export documents, even without the names of contractors. The shareholders held many actions and finally initiated a volumetric inspection of the construction site, the rest of the activities are still being checked. Here is a brief summary of the inspection of the construction site of the residential complex by the state supervision. The most important of the results of the inspection is that o2 cannot prove the strength of structures, they are made of incomprehensible materials and it will be very difficult to take into operation. There is no project of water supply and sanitation networks that has received a positive expert opinion from the point of connection to the main networks, there are no documents confirming the fire resistance limit of load-bearing structures, which affects the reliability and safety of the structure, its bearing capacity - the company does not provide relevant documents guaranteeing the bearing capacity of the walls. Without this, the facility is dangerous to human life and health and creates insurmountable obstacles to putting it into operation.
Shareholders hold protests, an interdepartmental full check with the institution of criminal cases must pass. So far, the prosecutor's office, the Economic Crime Department and law enforcement agencies refer to the lack of qualified personnel to conduct such an inspection and transfer complaints from one structure to another. For me and my family, the damage to the mortgage payment is significant, since we have no other sources of income, except for my salary, (our family consists of 4 people - me, my wife, a child of 4 years and a child of 2 years. At the moment, my my wife is on parental leave for up to 3 years without pay) and we spend a significant part of my salary on mortgage payments. Vladimir Vladimirovich!
We kindly ask you to look into our issue! We ask for legal assistance, for not disregarding our difficult situation. Help over 2600 home equity holders not to live on the street! Sincerely, Polevoy Ivan Leonidovich.