You will need
- - the written complaint (copy);
- - an application to the court;
- - equity participation agreement (copy);
- - passport holders.
When the joint construction all rights holders are protected by the Federal law № 212-F3 from 17.12.99., Federal law No. 171-F3 from 21.12.04, and the law "On protection of consumer rights". According to regulations you have the right to obtain the finished apartment from the developer within the time specified in the contract of shared construction. Also, you may obtain well-built housing without any flaws.
If your rights have been violated, write a letter of complaint to the developer. The document must be drawn up in two copies for each party and sent by registered mail with the investment inventory to the legal address of the Builder. If you file the claim by personally contacting the head office of the developer, make sure that it was registered in the register, signature of the authorized person yours.
Claim you can make up myself, or to write a collective from a group or from all shareholders. When drafting a collective paper to specify all the details of the Builder, name of shareholders, by submitting a claim. Next to each name shareholders should bear the signature and number of the contract equity participation.
The points describe in detail all your requirements to the developer. In accordance with the law on your claim should receive a written response within 7 working days of receipt of the claim. Time to eliminate all existing deficiencies are calculated from receipt of the written response from the Builder and should not exceed two calendar months.
Untimely input of object in operation allows you to claim from the developer liquidated damages in the amount of 1/300 of the deposited amount for housing. If your claim relates to the discovery of defects after the delivery of housing in operation, all the flaws are eliminated at the expense of the developer within two months of receipt of a written complaint from shareholders.
Often there are situations when the developer takes no action and does not fulfill the requirements of shareholders. In this case, write the statement in arbitration court, attach a copy of the original contract of shared construction, a copy of the original sent to claim the passport.
On the basis of the decision of the court of the Builder forcibly obliged to fulfill all the requirements of co-investors and to pay a penalty for the inconvenience caused.