Around 18 months ago, the people living in the building at 1a, Konechnaya Street asked the Association of Management Companies and Homeowners for help.
They teamed up with the Impost management company to address the issues of the collapsing retaining wall near the five-story building, basement flooding, and excessive sand accumulation during rainfall in the adjacent area.
The residents believed that the expansion of the neighboring area was causing the stormwater to erode the wall. Previously, the rainwater used to seep into the ground, but after the nearby land was paved for new buildings, the water flow increased and started moving toward the five-story building.
Additionally, some of the excess water flowed down Konechnaya Street toward the houses.
The Association of Management Companies and Homeowners of Buryatia, along with the Impost management company, organized multiple meetings to address the flooding and wall destruction issues. They reached out to the developer, the Ulan-Ude administration, and the prosecutor's office, but the responsible parties refused to fix the violations.
In May 2021, the Association submitted another appeal to the prosecutor's office. Following an investigation, the Oktyabrsky district prosecutor of Ulan-Ude filed a lawsuit on behalf of the affected individuals, demanding that the Ulan-Ude administration, the Municipal Committee of Municipal Economy, and the company Best Plus LLC carry out storm sewer and drainage improvements.
Sergei Gashev
During the court hearings, it was revealed that the Best Plus company had violated construction regulations when developing new buildings near the five-story building on Konechnaya Street. They did not adhere to water disposal design standards, and as a result, rainwater from the newly constructed buildings flowed down the slope into the courtyard of the five-story building, leading to erosion of the retaining wall and flooding.
The legal proceedings concluded in October of this year, with the court imposing a 12-month deadline for the Ulan-Ude administration and the City Economy Committee to implement various measures for diverting rainwater and installing storm drains near the retaining wall at 1a Konechnaya Street, as well as along the road.
And also to oblige Best Plus to install an external storm sewer in trays near the new building at Terminal 4, according to the project documentation, which was approved by the state examination, but the work was never completed during construction.
“The administration of Ulan-Ude did not agree with the decision, and insisted that it was the residents of the houses themselves who should equip the storm sewer, so they turned to the Supreme Court to challenge the decision,” said Maksim Kireenko, General Director of the Association of Management Companies. “It is worth noting that the representative of the Best Plus company said in court that they were ready to fulfill their part of the obligations and also assist the city administration, but the authorities stood their ground – the residents themselves should solve the problems of residents.”
On February 9, the Supreme Court considered the case and upheld the court’s decision.
