OREANDA-NEWS. October 09, 2009. The Chelyabinsk Regional Arbitration Court dismissed the claim of the "Uralskaya Teplosetevaya Kompania" "UTSK" OJSC on invalidating the decision and determination of the antimonopoly body, reported the press-centre of FAS Russia.

The Office of the Federal Antimonopoly Service in the Chelyabinsk region (the Chelyabinsk OFAS Russia) established that "UTSK" OJSC violated the rights of residents- members of the homeowners associations "Novostroi" and "Novostroi-2", repeatedly restricting heat energy supplies (heating and hot water) in 2008. Heat supply was restricted for all residents without exception: those who fully paid for the received energy and those who were in debt to the company.

"UTSK" OJSC also was imposing contracts upon Novostroi" and "Novostroi-2", with provisions about possible interruption of energy supply, terminating or restricting energy supply if the homeowners associations repeatedly breach the payment deadlines. At the same time, "UTSK" OJSC intended to equally disconnect heating for the debtors and bona fide subscribers who use the power supply services and do not own to the heat supplying organisation.

Under Clause 6 Article 135 of the Housing Code of the Russian Federation, members of homeowners associations are not responsible for the failure of the association to meet their obligations, as well as undertake subsidiary responsibility (pay for the debtors).

"The methods of forcibly obtaining monetary funds from homeowners associations, selected by "UTSK" OJSC, infringe the interests of third persons, namely, the members of the associations who timely pay utility bills", said Anna Kozlova, the Head of the Chelyabinsk OFAS Russia.