Residential complex Ramensky (LCD New Ramensky). Recovery of a penalty from the developer Garantiya-Stroy LCD "Ramensky" Penalty under a share agreement

LCD "Ramensky" located near Moscow, 27 km from the Moscow ring road.

Initially, the Garantiya-Stroy construction company acted as the builder and developer of the project, but at the end of 2017, a bankruptcy case began. The construction was handed over to FSK Leader.

Residential complex "Ramensky" consists of 19 residential buildings with a height of 19 to 22 floors on an area of ​​more than 12 hectares. Housing construction technology - reinforced concrete monolith.

Initially, the project was carried out by the developer Garantiyastroyinvest, which was unable to fulfill its obligations to equity holders, and 10 out of 19 buildings remained unfinished. The initial commissioning date for the facility was scheduled for the end of 2015.

At the end of 2017, FGC Group committed itself to completing this project by concluding a tripartite agreement between the Ministry of the Construction Complex of the Moscow Region and the Garantiya-Stroy group of companies. FGC Group acts as an investor in the completion.

New deadlines for the buildings of the residential complex Novy Ramensky (finishing FSK Leader)

  • Building 9 (commissioned) - Q4 2018 (originally Q4 2014)
  • Building 10 - Q4 2019 (originally Q3 2016)
  • Building 12 (commissioned) - Q4 2019 (originally Q1 2016)
  • Building 13 (commissioned) - Q4 2019 (originally Q3 2016)
  • Building 14A - Q4 2019 (originally Q4 2017)
  • Building 14B - Q4 2019 (originally Q4 2017)
  • Building 21 (commissioned) - Q4 2019 (originally Q1 2016)
  • Building 24A - Q4 2019 (originally Q4 2017)
  • Building 24B - Q4 2019 (originally Q4 2017)
  • Building 24V - Q4 2019 (originally Q4 2017)

Buildings handed over earlier Garantiya-Stroy:

  • Corps 1-4 no data
  • Building 5 - 2 quarter 2013
  • Building 6 - 2 quarter 2013
  • Building 7A - Q4 2014 (was rescheduled for Q1 2016)
  • Building 7B - 1 quarter 2016
  • Building 8 - 2 quarter 2013

Apartments in the new building "Ramensky": area from 35 to 78 sq.m., rented with a rough finish. Configuration - from 1-room to 3-room.

Infrastructure of the new building "Ramensky": own school for a thousand students, shops, hairdresser, fitness center, underground parking, playgrounds, video surveillance, digital telephony.

Location of the complex "Ramensky" very successful - nearby are the Park of Culture, a forest park, Borisoglebskoye Lake, the Saturn stadium and a swimming pool.

How to get there: by train from Kazansky railway station, by express train "Sputnik" (25 minutes), by bus or fixed-route taxi from the metro station "Vykhino".

New buildings nearby: LCD Solnechny (Ramenskoye) (problematic project), LCD Ten (on time, 4q2020), LCD Ramenskiye alleys (RC Birch Grove, LCD Birch Grove 2) (long-term construction) and others.

Events LCD Novy Ramenskiy

January 2018: Garantiya-Stroy's bankruptcy case is underway. Shareholders who bought apartments before 08/30/2017 are asked to go through the necessary participation in the bankruptcy procedure. The construction was resumed by the new developer FSK Leader, who plans to commission the 9th building in the 3rd quarter of 2018, and the remaining buildings in the 4th quarter of 2019.

October 2018: FGC "Leader" announces the commissioning of building No. 9. In total, the building has 586 apartments with an area of ​​26.4 thousand sq.m.

December 2019 : FGC Group commissioned buildings 12, 13 and 21 in a residential complex. At the moment, 4 out of 10 buildings have been completed and put into operation.

February 2020: Rescheduled deadlines for the remaining buildings. The houses are planned to be commissioned in the 2nd and 3rd quarters of 2020.

Chapter:

The refinancing rate changed twice during the period of delay in the transfer of the apartment. What rate should be used in the formula to calculate the amount of the penalty?

Recovery of a penalty under DDU

Chapter: Penalty with Guarantee-Stroy under DDU in the residential complex "Ramensky" (basic 214 FZ)

How to find out in which banks the developer has opened accounts for filing an application for the recovery of funds by a court decision.

Chapter: Penalty with Guarantee-Stroy under DDU in the residential complex "Ramensky" (basic 214 FZ)

By how much can the amount of the penalty under an equity participation agreement be reduced in court on the basis of Article 333 of the Civil Code?

Recovery of a penalty

Chapter: Penalty with Guarantee-Stroy under DDU in the residential complex "Ramensky" (basic 214 FZ)

Dear lawyers, how to be? In the DDU agreement, the Developer prescribed the court in which disputes will be considered. But everyone understands that this court refuses right and left. How to proceed?

LCD "Ramensky"

Chapter: Penalty with Guarantee-Stroy (main 214 FZ)

Please tell me, the developer asked to sign an agreement to reschedule. I didn't know about the possibility of a refund. After the signing of this agreement, the terms were violated for the second time. For what period of time can I recover the money.

Recovery of a penalty from the developer under the DDU

Chapter: Penalty with Guarantee-Stroy under DDU in the residential complex "Ramensky" (basic 214 FZ)

Which court can I apply to if the developer indicated a specific city in the contract?

Recovery of a penalty from the developer under the DDU

Chapter: Penalty with Guarantee-Stroy under DDU in the residential complex "Ramensky" (basic 214 FZ)

The developer offered to sign the act back in June. I signed and gave them in the hope that they will register the right. To date, the act has not been signed. How can I go to court?

Recovery of damages from the builder

Chapter: Penalty with Guarantee-Stroy under DDU in the residential complex "Ramensky" (basic 214 FZ)

According to the calculation, the amount of the penalty exceeds 2 million. Pay the state I don't want a fee. Are there any rules that exempt a person from paying state duties?

Recovery of a penalty

Chapter: Penalty with Guarantee-Stroy under DDU in the residential complex "Ramensky" (basic 214 FZ)

Is it possible to get a penalty from the developer if the developer can unilaterally change the term for the transfer of an apartment in shared construction?

✔ On receipt of a penalty from the developer (without terminating the contract) with the nearest metro, namely How to calculate the penalty for DDU? As for the sample application, it can be easily found on the Internet. One of the chic sites devoted to this issue can be considered the vseiski.ru resource, where you can find almost any document that is compiled correctly and with all the necessary explanations. After studying several of them, even a simple person will understand how to correctly write a lawsuit himself. If you have a familiar lawyer, it is advisable that he check the application and the list of attached documents. This is a very reasonable measure. . Services to protect the rights of clients: by and near the metro and our lawyer will receive you on the territory of Moscow or drive up to the metro.

Penalty under 214FZ

For the most positive effect from the recovery process, it is better to turn to professionals. Inoka's lawyers are ready to provide you with qualified assistance in any disputes with the developer. with the nearest metro, namely, the Shareholder can send a letter to the developer with a request to collect a penalty both in the case of already receiving an apartment (signing an act of acceptance of the transfer of an apartment), and in the case when the residential premises have not yet been received under the act. The latter option applies, among other things, to cases where the house has not even been put into operation yet and the developer cannot hand over the apartment. As for turning to lawyers, it is worth remembering that the level of higher education in Russia today is below the baseboard, and a person who flaunts the status of a lawyer and a bunch of diplomas can be a banal hack. Therefore, if necessary, you should only contact a trusted lawyer, about whom there are good reviews from people who visited him at the reception (you should not focus on the Internet). . Client Protection Services: The first instance process will take an average of 2-3 months. The first meeting is an interview of the parties and preparation for the trial, then ordinary meetings. If the developer wants to drag out the litigation, then he will begin to involve various third parties in the litigation for one reason or another, ask the court to postpone the litigation, etc. etc. You need to convince the judge that all these actions are aimed solely at delaying the trial, otherwise you can sue for a very long time. for a penalty under 214FZ and at the metro station and our lawyer will receive you on the territory of Moscow or drive up to the metro station. 6. Other legal costs According to Art. 15. Civil Code of the Russian Federation: “A person whose right has been violated may demand full compensation for the losses caused to him, unless the law or the contract provides for compensation for losses in a smaller amount. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (actual damage), as well as lost income that this person would have received under normal conditions of civil circulation, if his right was not violated (lost profits)." with the nearest metro, namely a copy of the shareholder's passport; As for turning to lawyers, it is worth remembering that the level of higher education in Russia today is below the baseboard, and a person who flaunts the status of a lawyer and a bunch of diplomas can be a banal hack. Therefore, if necessary, you should only contact a trusted lawyer, about whom there are good reviews from people who visited him at the reception (you should not focus on the Internet). . Services to protect the rights of clients: for a penalty under 214FZ and at the metro station and our lawyer will receive you on the territory of the Moscow region or drive up to the metro station.

Calculation of the penalty according to 214 FZ

with the nearest metro, namely, the transfer date is made dependent on the timing of putting the house into operation. In this case, the contract indicates the period during which, after obtaining permission from the local authorities for commissioning, the transfer of the apartment takes place. Example - "the term for the transfer of an object of shared construction is 4 months after the developer receives permission to commission an apartment building, according to the date of its signing by an authorized official, but no later than April 30, 2016." In this situation, you can count on a penalty from August 31, 2016. . Services for the protection of the rights of clients: Information about the dates of the sessions is known at the court session itself or from the assistant judge on his phone. On the website of the court, by the name of the plaintiff and the defendant, in the section “judicial workflow”, this information is also sometimes placed. according to the calculation of the penalty under 214 FZ and at the metro station and our lawyer will receive you on the territory of the Moscow region or drive up to the metro station.

Recovery of a penalty under 214 FZ

Calculation of the penalty in case of delay by the developer of the terms of the transfer of real estate Please note! with the nearest metro, namely, the very wording of the term for the transfer of a residential facility may also differ in contracts. Consider some options: Ways to recover a penalty from the developer - the practice of drawing up a statement of claim. Services to protect the rights of clients: The methodology for calculating the amount of the penalty under an equity participation agreement is provided for by the legislator in Article 6 of Federal Law No. 214-FZ. to collect a penalty under 214 FZ and at the metro station and our lawyer will receive you on the territory of the Moscow Region or drive up to the metro station.

Penalty calculator according to 214 FZ

Calculation of the penalty in case of delay by the developer of the terms of the transfer of real estate 7. Statement of claim with a set of documents attached, which the defendant does not have. For example, a lease agreement. with the nearest metro namely Pay attention! The shareholder is exempted from paying the state duty if the amount of the recovery does not exceed 1 million rubles. . Services to protect the rights of clients: according to the penalty calculator according to 214 FZ and at the metro station, and our lawyer will receive you on the territory of Moscow or drive up to the metro station.

DDU penalty

(taking into account the fall in real estate prices, the termination of the equity agreement may bring unexpected bonuses in the form of substantial compensation. You can read more about this here ……..) What amount of moral damage should be indicated in the Claim Statement? with the nearest metro, namely, the Court refused to satisfy the claims of the buyer for the recovery of a penalty under 214-FZ, which concluded a preliminary contract for the sale of an apartment. This decision was justified by the fact that the specified contract was concluded with the construction investor, and not with the developer. In addition, the apartment was transferred to the plaintiff long before the transfer date specified in the contract. Legally, the delay in the fulfillment of the obligation will begin from the first day of the next quarter and end with the signing of the act of acceptance of the apartment by its owner. In practice, there are often situations when such acts are issued retroactively, so that everything is legally in order on the part of the developer. . Services to protect the rights of clients: for a penalty on the DDU and at the metro station and our lawyer will receive you on the territory of the Moscow region or drive up to the metro station.

Forfeit from the builder

2. Caused losses (rental) How to independently make a claim for the recovery of a penalty, fine, damages under 214-FZ? with the nearest metro namely Pay attention!!! Ways to recover a penalty from the developer - the practice of drawing up a statement of claim. Services for the protection of the rights of clients: MAIN OBJECTIONS OF THE DEVELOPER REGARDING THE RECOVERY OF PENALTY FROM HIM, see here. for a penalty from the developer and at the metro station and our lawyer will receive you on the territory of the Moscow region or drive up to the metro station. Filing a claim in the event of a dispute is provided for by a number of regulations, and compliance with this procedure has a significant impact on the positive consideration of the case in court, as an additional argument about the good faith of the Claimant's claims. What amount of non-pecuniary damage to indicate in the Statement of Claim? with the nearest metro, namely, the amount of the penalty amounted to 300 thousand rubles for 300 days of delay at the price of an apartment of 3 million rubles. But if you bought an apartment as an individual, then the amount will double. And in our example it will be 600 thousand rubles. Legally, the delay in the fulfillment of the obligation will begin from the first day of the next quarter and end with the signing of the act of acceptance of the apartment by its owner. In practice, there are often situations when such acts are issued retroactively, so that everything is legally in order on the part of the developer. . Services to protect the rights of clients: for a penalty from the developer and at the subway, and our lawyer will receive you on the territory of the Moscow region or drive up to the subway.

Calculation of the penalty for DDU

Hello. You have lawyers who specialize in recovering damages from the developer, but without going to court. I am a potential client, I have two apartments, both of them are currently for sale. I don't want to waste the opportunity. If I manage to sell it, I won’t be able to collect a penalty from Morton. Correctly? To resolve a litigation, you may need qualified legal assistance from a specialist, and if your interests are represented in court, a notarized power of attorney for a representative (Articles 185, 185.1 of the Civil Code of the Russian Federation; Part 2 of Article 53 of the Code of Civil Procedure of the Russian Federation). The court may fully or partially recover the costs of paying for the services of a representative from the defendant in your favor upon a written request (part 1 of article 100 of the Code of Civil Procedure of the Russian Federation; clauses 2, 4 of Resolution No. 1). with the nearest metro, namely, payment details where the developer can transfer money. If you decide to go to court on your own, then for this you need to correctly draw up a statement of claim, as well as collect evidence to successfully win the case. . Services to protect the rights of clients: according to the calculation of the penalty for DDU and at the metro, and our lawyer will receive you on the territory of Moscow or drive up to the metro.

Calculator for calculating the penalty for DDU

The recovery of a penalty can be carried out in a claim and judicial procedure. , importer) of consumer rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer rights protection, is subject to compensation by the tortfeasor. with the nearest metro, namely, When can a developer be required to receive a penalty for equity participation? After you have drawn up a statement of claim, it must be taken with all the documents to the court office, where a specialist will accept them and will specifically determine your further actions. If the claim is drawn up correctly, then the judge who accepted the case will set the date and time of the court hearing on the case. During the process, you will have to independently prove your case directly in the courtroom. . Services for the protection of client rights: according to the calculator for calculating the penalty for DDU and near the metro, and our lawyer will receive you on the territory of Moscow or drive up to the metro. According to practice, a participant in shared construction still has to go to court with a claim for the recovery of a penalty, compensation for losses incurred. However, one cannot say that such a procedure does not have advantages, on the contrary: the amount of claims stated in the statement of claim may favorably differ from the initial one in the claim. When applying to the court, you have the right to: In general, it is better to do as we do, namely, to analyze the practice of those courts in which you have the opportunity to file a claim. It is possible to completely change the jurisdiction to an arbitration court or another court, where there is a high probability of receiving a penalty. Sometimes the court at the location of the developer gives many times more penalties than the court at the address of your residence or stay, and vice versa. A lot, if not everything, depends on the right choice of jurisdiction. In one case, you can 30,000 rubles. receive, in another, 1,500,000 rubles (usually in an arbitration court), under the same circumstances of the case. Be very careful in choosing jurisdiction. with the nearest metro, namely In the first case, you will have a receipt and an inventory of attachments with a mail mark in your hands to confirm the direction of the claim, and after receiving the letter you will receive a notification of delivery. In the second case, the second copy of the claim with the signature of the accepting person and the date of receipt will be the supporting document. Note!!! . Services for the protection of clients' rights: The procedure for obtaining an Execution Order independently. according to the calculator for calculating the penalty for DDU and at the metro station and our lawyer will receive you on the territory of Moscow or drive up to the metro station.

Recovery of a penalty under DDU

Settlement of a dispute with the developer of LCD "__" in court: In accordance with clause 4. Art. 393 of the Civil Code of the Russian Federation, when determining lost profits, the measures taken by the creditor to obtain it and the preparations made for this purpose are taken into account. with the nearest metro namely One of the most common violations of the terms of the agreement on equity participation in construction is the untimely delivery of the object and, accordingly, the failure to fulfill one of the essential conditions of the agreement on the term for transferring the apartment to the shareholder. . Services to protect the rights of clients: to collect a penalty for DDU and near the metro, and our lawyer will receive you on the territory of Moscow or drive up to the metro. According to practice, a participant in shared construction still has to go to court with a claim for the recovery of a penalty, compensation for losses incurred. However, one cannot say that such a procedure does not have advantages, on the contrary: the amount of claims stated in the statement of claim may favorably differ from the initial one in the claim. By going to court, you have the right to: Law firm Your reliable lawyer will help you recover a penalty from the developer. Payment upon receipt of money from the developer. If you don't receive money, don't pay! Profitable and reliable. Read about our benefits here. with the nearest metro, namely What is a penalty and how is it calculated? . Services to protect the rights of clients: to collect a penalty for DDU and near the metro, and our lawyer will receive you on the territory of Moscow or drive up to the metro.

Penalty under a share agreement

The size of the forfeit (fine) with the nearest metro, namely Pay attention!!! The number of days of delay in the delivery of the object is also calculated quite simply. The share agreement must specify the date of delivery of the object and, accordingly, the timing of the transfer of the apartment to its owner. Of course, no one specifies a specific date. Therefore, most often the term for the transfer of an apartment is determined within a quarter, that is, a period of 3 months. . Services to protect the rights of clients: The case of the recovery of a penalty from the developer for the delay in the transfer of an apartment in accordance with 214-FZ (Instructions for use). for a penalty under an equity agreement and at the metro station and our lawyer will receive you on the territory of Moscow or drive up to the metro station. with the nearest metro, namely How to transfer a claim to the developer? In this case, it is quite simple to prove your innocence in court; this does not even require the help of a lawyer. However, if you are not confident in your abilities, then it is better to use his services. In the end, the losing party will still pay for them, and in the vast majority of cases, this is the developer. . Client Protection Services: First Instance Court Decision in Your Favor, What to Do Next? for a penalty under an equity agreement and at the metro station and our lawyer will receive you on the territory of Moscow or drive up to the metro station.

Penalty for the delay in the share agreement

6. Other legal expenses. with the nearest metro, namely, the terms for paying the penalty by the developer (you can specify any reasonable period); The statement of claim is written according to the rules of Articles 131 and 132 of the Civil Procedure Code of the Russian Federation. It is available online and these articles are a must-read. They indicate the list of information that should be in the statement of claim, as well as the mandatory list of attached documents. . Services to protect the rights of clients: Answers to frequently asked questions on the collection of a penalty from the developer No matter what person you have concluded a DDU agreement with, it can be an investment fund, PIF, Agent, it is the Developer who must transfer the apartment, and it is necessary to file a claim against him. If you are in doubt who the developer is, then find this information in the building permit: the name of which company appears, this company is the developer. with the nearest metro, namely After you have determined that the developer has violated its obligations and is late with the transfer of the apartment, you need to find out the addressee of your claim. You need to start with the builder. It will be possible to sue the developer for delay only after you try to resolve the issue with him “peacefully”. A decent builder in such situations will return you the amount of the penalty without question. There are many such cases in practice. If the developer considers himself the most cunning and, under various pretexts, tries to evade the payment of a penalty (such cases are also known), then the way of the equity holder lies in the court. . Client rights protection services: Under a preliminary sale and purchase agreement, can I receive a penalty under 214-FZ? for a penalty for the delay in the share agreement and at the metro station and our lawyer will receive you on the territory of the Moscow region or drive up to the metro station.

Penalty for late delivery

The calculation of the penalty is calculated on the date of signing the act of acceptance and transfer of the apartment. The penalty must be calculated from the date of delay in the transfer of the apartment. That is, if the DDU agreement says that the developer undertakes to transfer the shared construction object before 08/01/2016, then the penalty begins to be calculated from 08/02/2016 until the date of signing the acceptance certificate, even if permission to put the object into operation received before signing your act. For more information on the moment from which it is necessary to consider the penalty under 214-FZ, read here. with the nearest metro, namely, as evidence, the following documents can be attached to the statement of claim: Therefore, it is always worth signing the act exactly on the date at which the apartment was actually transferred. After all, taking into account the cost of housing, the amount of the penalty can be quite substantial, especially if the delay period exceeds several months. . Services to protect the rights of clients: In this situation, the developer releases himself from the obligation to pay a penalty. for a penalty for late delivery and at the metro station and our lawyer will receive you on the territory of the Moscow region or drive up to the metro station.

Penalty calculator under a share agreement

1. Penalty In addition to the documents specified in step 2 above, the statement of claim can also be accompanied by an offer previously sent to the developer with a return receipt, a postal receipt and a description of the attachment, the developer's response (if any), the calculation of the penalty and a receipt for payment of state duty, if it is payable (Article 132 of the Code of Civil Procedure of the Russian Federation). with the nearest metro, namely, When can a developer be required to receive a penalty for equity participation? The number of days of delay in the delivery of the object is also calculated quite simply. The share agreement must specify the date of delivery of the object and, accordingly, the timing of the transfer of the apartment to its owner. Of course, no one specifies a specific date. Therefore, most often the term for the transfer of an apartment is determined within a quarter, that is, a period of 3 months. . Services for the protection of clients' rights: according to the calculator of the penalty under the equity agreement and at the metro station, and our lawyer will receive you on the territory of the Moscow region or drive up to the metro station.

Calculation of a penalty under an equity participation agreement

Settlement of a dispute with the developer of the residential complex "__" in court: On copies of all documents, I recommend writing: “The copy is correct. Signature, date ”with the nearest metro, namely, in order to assert whether there is a delay in the equity agreement or not, you need to know exactly the timing of the transfer of the apartment to the interest holder. To do this, you will need to review your share agreement. Typically, such a period is reflected in a separate section of the contract - the term and procedure for the transfer of the apartment (there may be another name for the section, for example, the date of transfer of the apartment can be indicated in the section Subject of the agreement). After the amount of the penalty is determined, you can begin to collect it. . Services to protect the rights of clients: according to the calculation of the penalty under the equity agreement and at the metro station, and our lawyer will receive you on the territory of Moscow or drive up to the metro station. 1. Penalty How to independently calculate the penalty in case of delay by the developer of the terms of delivery of the apartment. with the nearest metro, namely the name and address of the developer company. This information can be obtained from the contract, but it is better to double-check on the official website of the tax office using the Check counterparty service; In this case, it is quite simple to prove your innocence in court; this does not even require the help of a lawyer. However, if you are not confident in your abilities, then it is better to use his services. In the end, the losing party will still pay for them, and in the vast majority of cases, this is the developer. . Services to protect the rights of clients: according to the calculation of the penalty under the equity agreement and at the metro station, and our lawyer will receive you on the territory of Moscow or drive up to the metro station.

Recovery of a penalty under a share agreement

Law firm Your reliable lawyer will help you recover the penalty from the developer. Payment upon receipt of money from the developer. If you don't receive money, don't pay! Profitable and reliable. Read about our benefits here. with the nearest metro, namely, documents evidencing that a claim has been sent to the developer. . Customer protection services: Days of delay begin to count from the day the obligation is due. for the recovery of a penalty under an equity participation agreement and at the metro station and our lawyer will receive you on the territory of the Moscow Region or drive up to the metro station. ✔ For unilateral termination of the equity participation agreement (DDU) with the nearest metro, namely the name and address of the developer company. This information can be obtained from the contract, but it is better to double-check on the official website of the tax office using the Check counterparty service; As for the sample application, it can be easily found on the Internet. One of the chic sites devoted to this issue can be considered the vseiski.ru resource, where you can find almost any document that is compiled correctly and with all the necessary explanations. After studying several of them, even a simple person will understand how to correctly write a lawsuit himself. If you have a familiar lawyer, it is advisable that he check the application and the list of attached documents. This is a very reasonable measure. . Services for the protection of clients' rights: for the recovery of a penalty under an equity participation agreement and at the metro station, and our lawyer will receive you on the territory of Moscow or drive up to the metro station.

Dear shareholders! Another post is up! Again, this is related to bankruptcy. Increasingly, questions began to come in whether we would act in a consolidated manner after the introduction of the monitoring procedure, or each for himself. We want to say right away that we cannot force anyone to do anything, but I think everyone will agree that it will be better for everyone if we act together. What will the initiative group do after the introduction of the monitoring procedure: Firstly, we will notify all shareholders of the Regional Public Organization about all stages of the bankruptcy process. Please pay attention to the word “notify”, and not “give advice on how to act”, this is the area of ​​jurisprudence. What are the options for equity holders how to act, receiving information from IG. 1. Independently enter the register of creditors, enter the process, independently go to the polls and defend your rights. 2. Hire a separate lawyer who, by proxy, will do everything for you. Also quite often, interest-holders began to receive requests to advise a lawyer, especially from those who live far away. Many equity holders of our LCD, especially those who have already become victims of swindler lawyers who collected money from them, but did not give a single result, are wary of various kinds of recommendations. We didn't want to be accused of solicitation. We deliberately recommended that you contact lawyers you trust. However, there is a situation when consultations are no longer enough, you or your representative must be present in court. And many people have a problem that they don't know anyone in Ramenskoye, let alone who to trust. We still do not impose anyone on anyone, but since the equity holders themselves are asking for help, today we will objectively describe the situation and tell you who helped us during the year. We received one-time paid services from various lawyers, but the most valuable advice and assistance came from those who dealt with us for free. Of course, many equity holders got acquainted with our legal assistants at the first rally. We knew that it would immediately be a fairly massive event of about 400 people. They fully supplied us with all the necessary documents for the preparation of the rally, consultations and references to laws. You have no idea how many now, when things have moved off the dead center, who want to "lead" us (as they like to say). Sometimes those lawyers and politicians who a year ago said that we are naive holy people, if we hope for something, offer "help". No one can decide this. Some offered to try to help for 500,000 a month. Now they offer the same "leading" for some unrealistic money, they themselves cannot explain for what exactly. The problem is starting to be solved. Yes, there are still a lot of difficulties ahead, but now the Ramensky residential complex, for many, is an opportunity to promote. For example, hold a “free seminar” for equity holders, take spectacular photos of how they helped the equity holders a lot, and if you’re lucky, then join the process by imposing a bunch of additional unnecessary services, and then scream for the rest of your life that it was thanks to them that the Ramensky residential complex was completed. We have already gone through all this. We no longer want to be shocked by reports from equity holders who write that they are offered by Ramenskiye lawyers to recognize ownership of an object in progress for 85 tr. We no longer want to listen to grandmothers who call and tell IG how some lawyers promise them to sue the penalty from the GS for 35 tr. In this regard: if you have fundamentally decided to hire a lawyer, and not deal with the bankruptcy process on your own, do not know who to turn to and want advice from us, then we recommend that you contact lawyers in whom we are confident and confident that they You will never take extra money and will not impose unnecessary services. These are the people who delved into our situation and helped when a year ago no one wanted to listen to us, who defended and supported us at round tables, meetings in the government, represented our interests at a meeting with the Federal Grid Company Leader. They do not need to delve into the problems of our long-term construction from the ground up, because. we began to understand all the subtleties together, they are already aware of all the features of our situation. Vladimir Zaitsev https://vk.com/vmz80 Artem Pechenkin https://vk.com/assonwheel The cost of conducting the entire bankruptcy procedure for those who apply to them for the first time is 8,000 rubles The cost of conducting the entire bankruptcy procedure for those who allocated through them the right to a share in an object of construction in progress is 5,000 rubles. To begin with, decide whether you will have your own lawyer or whether you yourself will go to all meetings, meetings, etc. Communicate with lawyers, specify the cost of their services. Who has decided, send information, if you need the services of a lawyer to your curators, they will make lists. Once the observation procedure is in place, they will ensure that everyone is informed that it has begun. You can start making powers of attorney and transfer them to curators, because after the inclusion of the monitoring procedure, you (or your lawyer, if you conclude an agreement with him) will need to enter the register of creditors within 30 days. The form of the power of attorney, which you need to make at the notary, will also be sent to you by the curators. And yet, inadequate with replicas like - you sell the services of lawyers or - the HS bought you ... You don’t even have to bother with comments, just sit on and do nothing. Now a little about the bankruptcy procedure itself. In accordance with the current legislation, when introducing supervision into the relationship of the developer, equity holders are required to enter the register of creditors on the transfer of the debtor's residential premises. As practice shows, depending on the position of the judge, it is possible to submit to the register either from the date of publication in Kommersant of information on the introduction of supervision, or from the day of publication of the ruling on the introduction of rules 7 paragraph of the Law "On Insolvency". In order to minimize the risks, it is better to file from the moment of publication in Kommersant and not wait for the introduction of paragraph 7. Shareholders will have the opportunity to submit documents only within 30 days so that their requirements are considered in the supervision. The shareholder enters the Register by submitting an application to the Arbitration Court of the Moscow Region. If the shareholder is late in 30 days, then the court accepts his application, but considers it at the next stage of bankruptcy - the competition. If the shareholder does not enter the register at all, then he does not receive an apartment. When joining the Register, a shareholder acquires the right to take part in voting on decision-making. For example, when moving from the observation stage to the competition, up to the change of the temporary manager and the appointment of his own bankruptcy manager. This is very important, therefore it is necessary to submit documents to the Register within 30 days. Now you have the same choice: to recognize the right to a share in the object of construction in progress or not to do so. Members of the IG constantly receive questions about this. Please do not ask this question to IG again, because the answer to it is not in our competence. The IG's answer to this question is: make this decision yourself together with the lawyers with whom you will work. A big request from IG to those who will be included in the register of creditors on their own or with their lawyers: DO NOT APPLY EARLIER THAN THE INFORMATION WILL BE PUBLISHED IN THE KOMMERSANT NEWSPAPER!!! In order to understand in more detail the thoughts and priorities of equity holders, we ask everyone to vote in the poll!

LCD "Ramensky" (the developer - the company "Garantia-Stroy") covers an area of ​​​​about 12 hectares, it is located in the town of Ramenskoye, 27 km from the Moscow Ring Road along Novoryazanskoye Highway and a 10-minute walk from the Fabrichnaya railway station.


On the territory of the residential complex, it is planned to equip playgrounds, parking lots (including one underground) and green spaces. The developer himself positions the residential complex as a “business class” microdistrict, but keeps prices at the mass market level.

preliminary reconnaissance


The site of the developer company (http://www.gsestate.ru/) is rather concise.

The history of the company, a list of objects (under construction and handed over), the plan of the residential complex, information about the houses, contacts are given. The history of the company, by the way, is painted in great detail. Personally, I was impressed, for example, by the fact that Garantiya-Stroy participated in the construction of the Triumph Palace complex.

There are a lot of project declarations for Ramenskoye (for some reason, they are in the Press Center tab), and if you wish, you can familiarize yourself with all the stages of approval of the development plan.


Of the minuses: no prices, no list of apartments for sale. With some difficulty, I managed to get to the pages with layouts (each building has its own page). Since the layouts were “drawn”, apparently, by different designers, the schemes for some buildings turned out to be unsuccessful, mainly due to the font solution.


For other buildings (for example, 14A: http://www.gsestate.ru/object/ramenskiy/korpus-14a/?MODE=PLANS) everything is fine with floor plans: you can zoom in and see everything in detail.


In order to find out the prices, I had to study sites that aggregate information about real estate sales. If you want to get first-hand information, and not from third-party sites, then for specifics - welcome to the sales office.

Looking ahead, I will say that in the office you should not forget to take a booklet: it is much more convenient to use it than the site.

Reconnaissance in force


It was not possible to get through to the sales office in Ramenskoye the first and second time - the number was busy. Since I was still going to drive and see the residential complex "live", I went to the office without a preliminary call.

The most convenient way to get to the Ramensky residential complex is by electric train (the travel time from Kazansky railway station to Fabrichnaya station is about an hour, the fare will cost 102 rubles). From Factory to new buildings, you need to go along the street. Mira, the distance to the residential complex is less than a kilometer. The sales office is located on the approach to the microdistrict.

I must say right away that the city of Ramenskoye made a very favorable impression on me. Renovated old houses side by side with clean new buildings, good roads, well-groomed yards, small squares everywhere, playgrounds, many shops. The farther from Moscow, the less urban planners are interested in putting a house or a shopping center on every square meter. Ramenskoye has wide streets, large spacious courtyards, and therefore there is no feeling of crampedness, which is so characteristic of large cities.





Nearby - a kindergarten, a stadium, a swimming pool, public gardens, right behind the "Ramensky" there is a large forest park. On one side of the residential complex there is a rather extensive private sector.



What do they offer


At the sales office, the prices for apartments were indicated to me quite specific (almost up to a ruble). However, according to the manager, the availability of apartments and their cost may vary, so for each option you are interested in, you need to call and ask separately. Also, the cost of apartments of the same area may vary depending on the floor.

Those who choose 100% payment receive a discount, which is negotiated individually in each case.

In general, the price range of the Ramensky residential complex looks something like this:

All apartments are rented without finishing, there is glazing of windows and loggias, electrical wiring to the shield, waterproofing screed in the bathroom.

Now five buildings are on sale, four of them are monolithic-brick, and one (building 10) is monolithic with ventilated facades (I will make a reservation: on the site all the houses are declared as monolithic-brick with the ROSSER cladding facade system, but the manager claims that building 10 - exception).


Building 10, section 7


Buildings 24A, 24B and 24V are planned to be commissioned by the end of 2017, building 10 - most likely at the beginning of 2017 (according to the contract, the deadline is Q3 2016, but the delivery of houses is usually late, the office talks about it directly). Delivery of the state commission building 14A is scheduled for the II quarter of 2017. By the way, about delays: according to Federal Law-214, for each day of delay, buyers are paid a penalty, taking into account the refinancing rate of the Central Bank. Personally, I assume that not 2017, but 2018 is called the completion date for the entire complex, precisely because construction delays, even the developer himself, considers inevitable.


Buildings 10 and 24A

Four more buildings are in different stages of readiness, but almost all apartments there have already been sold.

Buildings 24A, 24B, 24V - the so-called "towers". Their plans are identical.

It is worth noting that quite a lot of apartments have already been sold, so before you “fall in love” with some kind of layout, it is better to find out if your “competitors” are ahead of you. So, one of the most interesting, in my opinion, apartments - a "kopeck piece" with a pentagonal kitchen in the corner section of building 10 - turned out to be unavailable for purchase: all such apartments have already been dismantled. However, there were "odnushki" with unusual pentagonal living rooms.


In general, the apartments in all houses are quite successful: entrance halls from 4 to 10.5 square meters, fairly large balconies (some in three-room "tower" apartments - up to 9 square meters), interesting planning solutions. Some apartments have storage rooms and walk-in closets.

Some rooms can be combined, for example, from two small rooms to get one large one with almost panoramic windows. Fans of bright rooms will surely like the "kopeck piece", where there are two windows in the living room.


All houses have rooms for wheelchairs and a concierge room on the ground floor.

As for the apartments themselves, it is not yet possible to see them: all the houses offered for sale are under construction, and outsiders are not allowed to enter the construction site. However, you can walk through the already built buildings and see how the entrances, stairwells and transitional loggias look like. At the entrances (due to the fact that the residents of the residential complex are planning to change the management company), while there are no concierges, admission is free.

As for parking, an underground parking for about 150 cars is being built in the courtyard of building 10, they can either be bought expensively (they promise a price of around 800,000 rubles) or rented.

In the meantime, the cars of the residents are parked in the yard. By the way, there are quite a lot of such parking spaces in the residential complex, especially when compared with the sleeping areas of Moscow, where residents literally have to “fight” for every square meter of land.

How to buy


Buildings 24 A, B, C

Terms of purchase for different houses - different.

Apartments in tower blocks (24A, 24B, 24B) are available for purchase in cash, by installments and by mortgage. Registration - according to DDU (FZ-214). Only Promsvyazbank is engaged in mortgage lending for this residential complex, at the sales office of Ramenskoye they are ready to provide direct contacts for the managers of this bank, who can be contacted with questions.

In buildings 10 and 14A, mortgages are not possible, the houses are not yet accredited by banks, there is only an installment plan: an initial payment - from 30%, an installment plan is given for a year, you can pay it off ahead of schedule.


Buildings 24 A, B and gymnasium

And one more nuance - apartments in building 14A are issued not according to the DDU, but according to a preliminary agreement (it is not registered in the registration chamber). Registration of DDU, according to the developer, should be expected by the end of summer. The text of the preliminary contract itself was given to me at the sales office so that I could carefully study it and, if necessary, consult with a lawyer. The contract seemed quite clear to me, although, of course, I would try to clarify some points (for example, what the expression “wooden (metal) front door” means) in advance. For refusal to fulfill the contract at the initiative of the buyer, the document provides for a penalty of 7 percent. Refusal of the builder from the execution of the contract is not provided.


Building 14A

Since the houses are monolithic-brick, the final area of ​​​​each apartment will be registered after the BTI measurements. After that, the difference in area is compensated by either the developer or the buyer at the price at the time of purchase.



As for the DDU agreement, it can only be viewed “on the spot”, that is, in the developer’s office.


What they say


Building 10

The manager at the sales office advised me to go to the houses of the Borisoglebsky residential complex (it was also built by the Garantiya-Stroy company) in order to evaluate the interior decoration. I did not refuse this opportunity and looked into the residential complex "Borisoglebsky" (it is located right behind the sales office) and one of the houses of the residential complex "Ramensky" and compared what I saw.



The decoration in the houses of both complexes, indeed, turned out to be almost the same, with a few exceptions. In the entrances of the residential complex "Ramensky", despite the fact that the houses have been occupied for almost two years, the ceiling panels have not yet been installed.

Instead of a ceiling - a grid of metal fittings. However, the manager explained this by the fact that the ceiling panels are not installed until all the tenants make repairs. Since these panels are white, cement dust and paint can leave indelible marks on them, so it is better to mount them when all the “dirty” work is over.



The "protected area" declared on the site is also provided only nominally. There is a fence, barriers and booths of security guards, but (according to residents) there has been no guards for several weeks now, the barriers are up, all the gates are open. However, I believe that the builder is not to blame here: there are premises for security and fencing, but how they are serviced - here the questions are rather for the management company.



On the playground, I talked with the residents of the already inhabited LCD houses.


According to them, there were serious delays with the first stage of the microdistrict: the construction of already paid apartments had to wait for almost six years. Compared to the first stage, the next ones are being built much faster: monolithic "skeletons" of houses are being built literally before our eyes.

Regarding the quality of walls, windows, communications, the feedback from residents is mainly positive. In winter, the houses are warm. Separately, they praise the layouts: unusual, in some apartments quite spacious balconies, more like terraces.

There is also a minus (I think that those who decide to buy an apartment in this residential complex will need to find out more details): the HOA, which serves the houses, has a rather large amount for electricity, so there are short-term, but regular power outages in the apartments. On the stand at the entrance to the residential complex there was an announcement about the delay in the launch of hot water supply due to debts for housing and communal services. The reason for such measures boils down to the fact that many apartments are simply not inhabited, their owners do not pay for a communal apartment. Whether these measures will apply to residents of houses that have not yet been built, who will manage the new buildings is still an open question and deserves a separate study.

As for the location, then the opinion of the residents only confirmed my observations. The area is very convenient, there are many shops around, near the stadium, park, lake, gymnasium, kindergarten, clinic, market.

A separate plus is the walking distance of the railway station (Novoryazanskoye highway, as a way of getting to Moscow, the locals called it not the most convenient, the train is much faster to get to).


By the way, the developer’s website has a page with reviews about the residential complex (http://www.gsestate.ru/responses/ramenskiy/), where you can get acquainted with the opinions of residents and potential buyers, as well as questions that arise from those who are waiting their apartments. True, the page itself is organized rather strangely - in the form of a "bulletin board", and there are no answers from the developer to buyers' questions. But, at least, you can see a list of problems that worry residents.

Given the "humane" prices, the microdistrict seems to me quite attractive for investing. But, of course, before buying, you should evaluate all the guarantees and risks: delays in the construction of the first stage cannot but confuse.


Firstly, "Ramensky" is a "closed" territory, a kind of town in the city. Secondly, along the perimeter of the residential complex, premises for shops, medical offices, beauty salons, cafes and children's development centers were designed and built. Thirdly, on the territory of the residential complex there is a “own” gymnasium, to which the residents of any of the houses can walk a maximum of five minutes. And, finally, the engineering “stuffing” of housing: according to the assurance of the developer, high-speed luxury elevators are installed in each building, there is a fire extinguishing and fire alarm system, and digital telephone lines are installed. In general, this gives Ramenskoye some signs of “elitism”, but, of course, you cannot call it a full-fledged business class object, moreover, the cost per square meter here is not much different from the mass market.

Summary


I really liked the city of Ramenskoye, and if it were not for the remoteness from Moscow (after all, an hour by train), I would probably want to live there. The location of the residential complex "Ramensky" is more than successful, the entire infrastructure (shops, beauty salons, cafes, snack bars, household services) is already there both around and in the residential complex itself. The microdistrict is nice and, hopefully, upon completion of construction it will be landscaped according to the promises of the developer.

Now the already inhabited yard looks well-groomed: good tiles, high-quality asphalt, a beautiful playground, lawns, benches. However, I was embarrassed by the imperfections in the entrances: before making the final decision on the purchase, I would definitely get information from the developer (and guarantees!) About how everything will look by the time the houses are handed over.

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