Dissatisfied real estate buyers recorded a video “How the developer stole the park from the residents of the City”, telling how the real residential complex differs from the advertising project that was shown to them at the construction stage. Business FM contacted the buyer of an apartment in this residential complex and its management company. Who is to blame for the current situation?
A video was posted on social networks under the heading “How the developer stole the park from the residents of the City.” In it, the girl accuses the Capital Group development company of not fulfilling the promises made to residents at the stage of construction of the Capital Towers residential complex.
In the video, the girl tells how three years ago she bought an apartment for 100 million rubles in the new Capital Towers. The developer promised to build a playground, a house area and a park for the residents of the complex. But, according to her, it all ended with promises. Here is a fragment of this video:
“There is no park for you, no playground: they managed to steal even the guest parking from us and recently sent a notification so that we park guests in our parking spaces. Yes, that’s not why I bought a second parking space for another 10 million. A bonus to everything else: the towers have the ugliest lighting in the whole of Moscow, which prevents those who have already settled from living, and they sell advertising to companies on our towers without the consent of the owners. You pay for great views in the City and end up blacklisting everything.”
Capital Group has been operating in the capital market for 30 years and specializes in the integrated development of territories. Among her well—known projects are Capital Towers on Krasnopresnenskaya Embankment, the Oko multifunctional complex in Moscow City, and the Badaevsky residential complex on Kutuzovsky Prospekt.
Business FM has received a written response to its request from the Capital Towers management organization:
“After the construction site is dismantled, landscaping will certainly be carried out on the territory opposite the residential buildings. The Krasnaya Presnya City Park with an area of 16 hectares is also located next to the complex. The author’s architectural and artistic illumination of the residential complex is not an advertising surface. The brightness is adjustable for a comfortable stay of residents. The VK video is a photo montage of a third party from December 2023, after which a pre—trial claim was sent. The owner can accommodate guests in private cars in his parking space or offer a city parking lot located opposite Krasnaya Presnya Park.
Business FM also contacted the buyer of the apartment in the residential complex. That’s what she said:
“During the sale, the company’s managers focused on the fact that there is a private park with an area of 2 hectares for residents, a private territory, it was possible to get to the park via a bridge crossing. There was a beautiful layout with a bridge and a park in the sales office, they were also in the catalogs. The park, the bridge and the status of the apartments are the main highlight of this project. The light advertisement was dragged through at a meeting of the owners, although people have not yet received everything into ownership. The contract is for 20 years, I really hope that something can be done about it. Of course, there was no park in the documents — you buy square meters.”
She does not live in the LCD yet, so she could not comment on the state of the backlight. But, according to her, she saw the actual photos in the general chat and they “terribly upset her.”
Capital Towers is not exactly a residential complex. This is an IFC — a multifunctional complex, there must be not only a residential part, but also a commercial one. Most often, residential premises in such buildings have the status of apartments, but here, according to the organization’s website, it is apartments. Accordingly, these houses are fully covered by the Housing Code, and all issues should be resolved with the help of a meeting of owners.
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This is exactly how the advertisement was coordinated, according to the words of a resident of this residential complex.
Sergey Sergeev, Head of the Legal support of disputes in the field of housing and communal services and real estate Management, Yakovlev and Partners Law Group, comments:
Sergey Sergeev, head of the legal support of disputes in the field of housing and communal services and real estate management of the Yakovlev and Partners legal group “If, for example, both residential and non-residential premises are located in this tower and the area of non-residential premises in the hands of one owner exceeds the area of all residential premises, then it turns out that at general meetings he He also acts as an ordinary owner. And if his areas simply prevail, he can unanimously decide to hang an advertisement. However, to make such a decision, the consent of two thirds of the owners living in this apartment building is required. Moreover, they should receive money for this advertisement. I recommend that they raise this issue and request a protocol from the management organization: on what basis and at what cost they place outdoor advertising, which is visible throughout Moscow.”
Last autumn, a bill was submitted to the State Duma: developers were proposed to be obliged to be responsible for their advertising promises in booklets and other media and to be forced to fulfill exactly what they wrote. But the board gave a negative response to this initiative. And the fact that changes can be made to the project declaration is not news. Valeria Mozganova, the presenter of the Real Estate program on Business FM, comments:
Valeria Mozganova, Business FM columnist, head of the expert council of the Digest of Russian and Foreign Real Estate magazine, “We maintain a huge distance between advertising promises and reality, which is prescribed in the contract. If these promises were only in advertising, then those who did not receive the promised parking lots, playgrounds and other things have no leverage. But if it was spelled out in the contract and for one reason or another was not done, this is, of course, a reason for pre-trial, and maybe even for a trial.”
As for the park and the bridge, they were not mentioned in the contract, so there is nothing to demand from the developer or anyone else. But there is no trial either literally or figuratively.
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