Residential complex "Zvezda": categorically no. Residential complex Zvezda from SK Elis: good prices, but you can’t buy it with a mortgage The latest project from “Alice”

Lenders of the Elis Group of Companies were unable to collect the funds necessary for the completion of the Zvezda residential complex. The battle is lost, but not the war, the developer reassures shareholders.

photo from vk.com

The St. Petersburg Arbitration Court completed bankruptcy proceedings against trading company"Alice" and LLC "Sergievskoe". Both are associated with the Alice construction holding, which has been tormented by a shareholder conflict for the last three years. The court did not hear the creditors who demanded to continue the proceedings and force the debtors to fulfill their obligations. The literally interested party was removed from the courtroom - the shareholder of Zvezda too actively stood up for the creditors.

The final court hearing on the bankruptcy of TC Elis began on June 14 with a dramatic note - a petition to disqualify the judge. It was insisted on by S.K.E LLC (part of the Elis construction holding), as well as by the developer’s largest creditor, Aptekarsky LLC. Previously, this company bought out the debts of Alice Group of Companies to Sberbank in the amount of more than 3 billion rubles. It was assumed that the collected amount would be used to pay off the contractors of the Zvezda residential complex, which was almost completed on Moskovsky Prospekt.

Sberbank initiated the personal bankruptcy procedure against the co-owner of Alice Group of Companies Vadim Shtertser, as well as his partners Viktor Nechiporenko and Yuri Petrov in the spring of 2017. The reason was the failure to comply with the terms of the settlement agreement for servicing the loan, under which all three acted as guarantors. for each claim amounted to 206.5 million rubles.

As Andrey Brovin explained to Fontanka, CEO"Alice Construction Corporation" (another fragment of the construction holding company, which is completing the construction of "Zvezda"), the demands that Aptekarsky LLC was going to make to TC "Alice" (100% owned by Viktor Nichiporenko), as well as Sergievskoye LLC of Yuri's family Petrov, are “solidarous”, that is, aimed at achieving the same thing, but in different ways.

However, Judge Pokrovsky refused to include the claims of Aptekarsky in the register of creditors and left without action a number of complaints against the actions of the bankruptcy trustee of TC Elis. This raises doubts about the impartiality of the judge, noted a representative of Aptekarsky. Her opinion was supported by S.K.E LLC and Arby-Club LLC. But the judge decided that there were no grounds for challenge and continued the hearing.

Then the creditors asked not to put an end to the bankruptcy of TC Elis. For example, Aptekarsky’s arguments, which were previously refused to be considered, are now being studied by the appellate court. In addition, bringing to vicarious liability former leader It would help the company to replenish the bankruptcy estate. The bankruptcy trustee of TC Elis spoke out against it: the debtor’s property was completely sold out, only 0.14% of the claims of the third priority were satisfied, so there is still nothing to pay the new creditors. There are no grounds for bringing management to subsidiary liability, she added.

Here the nerves of the shareholders present at the meeting could not stand it. “This is money to complete the construction of the house. It’s already been two years!” – Marina Enina, the head of the initiative group, said from the spot. The judge reprimanded her, the woman did not let up, and he removed her from the court. Then he threw up his hands: “What do shareholders have to do with it if a case of bankruptcy of a trading company is being heard?” “I’m no less surprised than you,” answered the bankruptcy trustee. As a result, the judge completed bankruptcy proceedings against the trading company.

The hearing of the case regarding Sergievskoye LLC developed exactly according to the same scenario. The judge did not heed the requests of Aptekarsky LLC for a postponement and closed the bankruptcy proceedings.

But it’s too early to put an end to this matter, Andrei Brovin is sure. According to him, the developer's creditors will appeal the decision. “Today we received a legal conflict - the claims against Viktor Nechiporenko and Yuri Petrov as individuals were recognized, writs of execution were received, and bankruptcy proceedings were initiated. At the same time, the court considered the same claims against the companies they owned to be unproven,” he said.

However, the chances of collecting debts needed to complete the construction of Zvezda through personal bankruptcy do not yet look 100%. After Sberbank asked to declare Vadim Shtertser and his partners insolvent, they filed applications. While the court left them without action, asking them to eliminate errors in the design. The proceedings on Sberbank's claim against Vadim Shtertser himself were terminated: the arbitration found that after the sale of the claims to Aptekarsky credit organisation can no longer act as an applicant. But a similar claim against Yuri Petrov and Viktor Nechiporenko has been accepted for consideration.

Let us remind you that the conflict between the owners of Elis Group of Companies Vadim Shtertser and Andrei Bryndikov has been developing since 2014 with varying intensity. At the end of 2015, the parties agreed to divide the business by concluding a settlement agreement. In accordance with it, a specially created company, Exxon Filth Industries, was to finance Zvezda and pay off Sberbank’s debts, into which Andrei Bryndikov invested his remaining assets. However, then a corporate war broke out with new strength, that financing and construction of "Zvezda".

Now “Alice Construction Corporation” is finishing the construction of a residential complex with its own money, but does not lose hope of receiving funds from the debtors of “Aptekarsky”. According to SPARK, previously the owners of this company included co-owners of the large investment company Euroinvest, Yuri Vasiliev and Andrey Berezin, as well as the chairman of the board of directors of PJSC Svetlana, Vasily Pavlov. In 2016, Aptekarsky was resold to the little-known company Victoria Stratton LTD, registered in Belize.

After a long successful operation of the company, the delivery of the house was delayed for almost three years, meetings of shareholders and the collapse of the developer. What is happening now with the long-term construction from "Alice"?

Reading time: 8 minutes

The long-term construction "Zvezda" is 98% ready

For the sixth year now, a comfort-class complex named after a shining celestial body has been built in the immediate vicinity of the metro station. Everyone would benefit from the complex: the houses have long earned a reputation for being comfortable, and the new building has a convenient location. It’s not clear when a star will shine at the end of the long tunnel of long-term construction.

"Star Wars" Alice

The construction of the residential complex coincided with a split within the development company. While the owners of "Alice" Vadim Shtertsera and Andrey Bryndikov were sorting things out and dividing the property, panic began among the shareholders of the complex under construction. The house was supposed to be completed in 2014, but the completion date was suddenly postponed to 2016, and then to March 2017. The latest deadline - the 3rd quarter of 2017 - is not even indicated on the developer’s website.

Now, after an attempt to put it into operation, technical defects in the residential complex are being eliminated according to the comments of the state commission. Managers assure that the house is 98% ready. At the same time, all the apartments in the complex have already found owners and there are only about a dozen premises left for sale, which can only be purchased by assignment with 100% payment.

In the years that have passed since the start of construction of the house, the company found itself in serious debt and practically lost all its assets. In March of this year, bankruptcy proceedings were initiated regarding the developer. The fear of shareholders is connected with this. If “Alice” is declared bankrupt before the house is commissioned, then the apartment owners will not only have to defend their rights in court, but also pay extra for the completion of construction. Open letters and appeals to the authorities from home buyers in Zvezda can be found on the websites of defrauded real estate investors. There are also questions on lawyer forums. A few months ago, experts described sad prospects for buyers.

Latest project from "Alice"

Before the big quarrel between the owners of "Alice" began, this developer had established itself as one of the most reliable in the city. Among its objects: residential complex "Sosnovka" on Vedeneeva street 8, residential complex "Dominanta" at the intersection of Tipanov and Kosmonavtov, " New house on Staraya Grazhdanka" and "Heart of Citizen", "OZERKI style TOWER". The company has been known since 1998, but, according to press reports, in 2008 the developer began to have financial difficulties.

Currently, all of the company’s property is pledged to Sberbank, to which Alice owes about 3 billion rubles. Plus, the company now has new owners, and it is impossible to predict what their policy will be. As the company's office said, it will most likely leave the construction market.

We built and built and almost finished building

Construction has been underway since 2012. These are two connected brick-monolithic comfort-class buildings with a height of 19-21 floors. There are three entrances to two houses, 315 apartments from studios to 4-rooms with a ceiling height of 2.7 meters.

There are 2-3 elevators installed at the entrances, passenger and freight, and there are garbage chutes. The complex is equipped with its own electrical substation. There is underground parking with a capacity of 95 cars. It is possible to fence off the courtyard area, but this will only have to be done by the residents themselves, in agreement with management company. There are parking spaces in the yard, a children's and sports ground will be equipped, and landscaping will be provided.

Apartments are rented without finishing and balcony glazing. Rough preparation includes electrical wiring, metal entrance doors, installation of double-glazed windows, floor screed. Intercoms with video surveillance will also be installed. Interestingly, on the apartment plans on the developer’s website, separate bathrooms are indicated only in one-room apartments, on the layouts of two-room apartments, combined ones are drawn. However, according to managers, in reality the bathrooms in all apartments will be separate.

What's left for sale

There are currently 10 apartments for sale that can be purchased under an assignment agreement. These are 2 studios, 3 one-room apartments, 4 two-room apartments and one three-room apartment. Studios 24 and 25 sq. m for 2.79 million and 3.2 million. Odnushka from 4.14 million rubles. Two-room apartments are sold at prices from 5.12 to 6.18 million. Three-room apartments with an area of 83.55 sq. m. m on the 13th floor costs 8.7 million rubles.

Talking about the assortment, the manager promised that after the delivery of the house, prices would immediately skyrocket, but it is not yet clear when this delivery will take place.

We figure it out on the spot

It's not easy to get through to the developer's office. The landline phone may not answer for several hours. It’s better to call the sales department’s mobile number, but here, too, it depends. I was unable to meet with the manager.

All available apartments for sale with layouts and prices are on the website. It is impossible to get in to inspect the property until work is completed to correct the commission’s comments. I was told that it would be possible to arrange a tour of the site by the end of September.

I went on my own to make sure the house was highly prepared. Indeed, both buildings look ready, but there are some comments. In some places, facing slabs have already fallen off. Asphalt laying work is underway in the yard. On the house there are several advertisements for apartments for sale from the owners.

Environment "Stars"

The location of the complex seems to be good. The Zvezdnaya metro station is a 5-minute walk away. There is also a large shopping complex with a cinema nearby. The houses are located between Moskovskoye Highway and Lensovet Street. This neighborhood can be counted as an environmental disadvantage. But despite the proximity to the transport highway, the place looks quiet and calm. The complex is surrounded by green courtyards with flower beds and playgrounds. Next to the Zvezda you can see another new building - a club house, the rest of the area is occupied by Stalinist five-story buildings, thanks to which a good view will open from the upper floors of the Zvezda.

Literally a few minutes walk from the Pulkovsky Park complex. There are several schools and kindergartens nearby. The nearest school is located right under the windows of the building, the kindergarten is a 10-minute walk. There are many different convenience stores, coffee shops, bakeries, beauty salons and other everyday amenities.

Transport connections in the area can confidently be called good. Besides the metro, there are many routes here ground transport, whose stops are across the courtyard from the residential complex. Motorists will be pleased with the close access to major highways: about a kilometer away - to Danube Avenue, and to Moskovskoe Highway - even within half a kilometer.

If you close your eyes to the long-term construction and rely on the previous experience of "Alice", you can assume that these will be high-quality apartments and good house. Its location is also attractive. However, the decision to purchase an apartment in Zvezda before putting the house into operation requires courage, and it would be a good idea to first consult with a lawyer.

"Zvezda" is a brick-monolithic building of variable number of storeys of 19-25 levels, built in the Moskovsky district of St. Petersburg, near the Zvezdnaya metro station.

Description of the new building

The three-section building is designed for 315 apartments ranging from 24 to 111 sq.m.:

139 pcs. one-room;
98 pcs. two-room;
57 pcs. three-room;
21 pcs. four-room apartments.

Housing is rented without finishing and glazing of balconies. Ceiling height – 2.7 m.

In the first two sections of the Alice construction corporation there are two elevators - a cargo-passenger one for 1000 kg and a passenger one for 400 kg. The third section has 3 elevators, two of which are passenger. The entrances are equipped with garbage chutes, HOA premises and control rooms. It has its own transformer substation.

Infrastructure

The residential complex is being built in a well-developed area of St. Petersburg. Schools No. 519 and No. 356 operate directly next to Zvezda. kindergarten No. 7. The Zvezdny shopping complex and the Narodnaya 7Ya supermarket are a stone's throw away. In just 5 minutes on foot you can reach the Hero Cities Park.

The adjacent plot of land has an area of 7893 sq.m. landscaped and landscaped. On the roof of the underground parking lot in use there are children's playgrounds, recreation areas and sports fields with paved surfaces, guest parking for 27 cars. The parking lot itself is designed for 95 parking spaces, of which 5 spaces are allocated for people with limited mobility.

Transport accessibility of the area is ensured by the Moscow Highway and the metro (metro station 700 m away). Exit to the ring road 9.5 km away. Pulkovo airport is 6 km away.

https://www.site/articles/complaints/zhk-zvezda-kategoricheskoe-net/

Verified personally

2017-09-07 12:06:00

Vyacheslav Yarnykh

The Zvezda residential complex is located a five-minute walk from the Zvezdnaya metro station. Construction began in 2012, and there was great interest in the facility. But over the past couple of years, there has been no positive news about the complex. Let's check why a promising project turned into a long-term construction.

The developer is Stroykorporatsiya LLC, established on January 19, 1998 (TIN 7826687478).

The founders of the company are: Center-Invest LLC with a share of 99% of the authorized capital; Bryndikov A.E. with a share of 1% of the authorized capital. The authorized capital is RUB 55,508,349. Director of the developer - Borovin A. M. In the Unified State Register of Legal Entities database at the time of writing this article on September 6, 2017, there is information about a pledge on the share of the founders in the authorized capital of the developer. The date of entry is 07/16/2013, the validity period expires on June 27, 2023. Before the start of construction of the Zvezda residential complex, the developer had experience in the construction and commissioning of multi-apartment residential buildings.

According to the information in the project declaration dated December 11, 2012, the Zvezda residential complex includes a multi-apartment 3-section 21-23-story residential building, as well as an underground parking for 95 cars. The building permit was received on August 13, 2012; the expected date for obtaining permission to commission is the 3rd quarter of 2014; changed to 4th quarter 2015; changed to March 2017. Number of apartments: 315. Planned cost - 1,071,000 thousand rubles; changed to 1,350,000 thousand rubles. Contractor: Elis-Stroy LLC.

At the end of 2014, the developer showed losses in the amount of 502 million rubles. At the end of 2015, the developer did not provide reports to the Rosstat authorities, however, the data on the interim balance sheets, which the developer reflected in the revisions of the project declaration in 2015, show that during 2015 the developer suffered significant losses in the amount of hundreds of millions of rubles.

Apartments from developers with promotions

Construction: either there or not

The last update of the developer’s official website on the Internet was dated August 2015. At this point, according to information on the website of Stroykorporatsiya Elis LLC, there are 10 unsold apartments in the Zvezda residential building. It can be assumed that by August 2017 all apartments in the building have been sold, and those apartments that appear on the market can be sold through assignments from the original shareholders.

There are no photographs of the construction of the house on the Alice website, the webcam does not work. Information on various social networks makes it clear that active construction of the residential complex was stopped in the spring of 2015.

On February 14, 2017, the construction committee of the St. Petersburg mayor's office held an off-site meeting dedicated to the completion of the construction of the Zvezda residential complex, with the participation of specialists from the construction committee, the St. Petersburg State Budgetary Institution "Construction Project Management", the general contractor and representatives of the initiative group of shared construction participants. According to the general contractor, at that time the installation of water supply and sewerage networks was completed, the State Unitary Enterprise Vodokanal St. Petersburg is expected to complete the tie-in into the city highway and fulfill the technical conditions. An act of acceptance for commissioning operation of the thermal input, heating center and internal heating systems was received. A certificate of compliance with technical conditions for power supply and an act of technological connection was received. In February, it was planned to submit documents to Rostechnadzor of the Russian Federation for permission to operate the electrical installation.

In addition, by this time the installation of elevator equipment had been completed, and preparations for its commissioning were underway. According to the developer, facade work was carried out, the heating circuit was closed, and the territory was improved.

Based on the results of the meeting, the general contractor was instructed to complete the work on the construction of the facade and installation of door blocks, landscaping the territory, and also complete the roofing of the parking lot by the end of February.

Commissioning of the facility was planned for the end of March 2017. However, as of the beginning of September 2017, the house has not been put into operation, and no work is being carried out at the site.

Under construction residential complex "Zvezda" is a typical problematic long-term construction.

Unpleasant details

Behind Last year The developer lost the courts, where the decision came into force, to collect debts from him in the amount of about 92 million rubles. In addition, the company lost litigation, the decisions on which came into force, where it acted as a joint defendant along with other companies, as a guarantor for two loans received in. The total amount to be recovered, including from the developer, exceeds 2.8 billion rubles.

At the moment, this debt was purchased from Aptekarsky LLC under agreement of assignment of rights (claims) No. GKELIS/21072016 dated July 21, 2016, concluded between and Aptekarsky LLC. The appellate court replaced the plaintiff from Aptekarsky LLC to LLC. Thus, the developer now owes this amount to Aptekarsky LLC.

In mid-2016, a criminal case was initiated against the developer’s management under Article 159 of the Criminal Code of the Russian Federation “Fraud.”

On December 10, 2016, shareholders of the Zvezda residential complex went to a meeting agreed with the authorities on Trinity Square in St. Petersburg, where representatives of the construction committee arrived. Officials, in particular, reported that about 100 million rubles are needed to complete construction, but the developer does not have this money.

It makes no sense to talk about the corporate conflict between the founders of Alice Construction Corporation LLC Vadim Shtertser and Andrei Bryndikov, which is accompanied by legal claims against each other and the division of assets, an attempt at bankruptcy undertaken by the developer himself in mid-2016. This topic is well covered in the media.

Something else is important. The company has assets: shopping malls "Avenue", "Cosmos" and "Vladimirsky Passage", as well as a linoleum factory in Kaliningrad. However, these assets are claimed by Euroinvest Group of Companies, which is behind Aptekarsky LLC, which bought out the developer’s debt to Sberbank of Russia. The sale of the pledged property will help partially repay the debt to the creditor, but will deprive you of the funds necessary to complete construction.

Bankruptcy?

It is possible that the developer’s bankruptcy procedure will be resumed by a new creditor, since the previous creditor, who began it in mid-2016, formally suspended it. It can be assumed that this decision of the bank is connected with the position of the authorities, because if the developer was declared bankrupt, the sold apartments would be transferred for sale to the bankruptcy estate, and after the sale, the received cash would be distributed among all creditors, and not just among shareholders.

An alternative is the participation of shareholders in arbitration processes to recognize their ownership rights to apartments purchased in residential complexes. Thus, shareholders could secure their apartments through legal procedures. However, even in this case, there is one unpleasant consequence for shareholders of the developer’s bankruptcy. After the developer is declared bankrupt and his economic activity, the responsibilities for completing the residential building would be transferred to the shareholders themselves. It would be necessary to create a housing construction cooperative, contribute additional funds necessary for completion, and hire contractor, which would do the job.

This is a very unfavorable development of events. The authorities understand that it is fraught with scandal, so the developer is probably given time to find the necessary funds and complete the house.

One way to put pressure on the developer is to initiate a criminal case. This is precisely what led to the on-site meeting in February 2017 with representatives of the construction committee and the developer, where the developer was given new deadlines for completing the work and putting the house into operation in March 2017.

However, until now (beginning of September 2017) construction has not been completed and the house has not been put into operation.

The only possible conclusion

Even if the Alice Construction Corporation finds the necessary funds to complete the construction of a residential building (which is not a fact, since the cost of creditors’ claims may exceed the value of the assets), in the absence of finances it is difficult to count on high-quality completion of the remaining work. All deficiencies will most likely have to be completed by the residents themselves through targeted contributions to the HOA. And there is a big difference in costs - painting the entrance, laying a curb or repairing engineering.

In addition, by law, the developer is required to bear warranty obligations on the house he built for 5 years after putting it into operation. It is obvious that the Alice Construction Corporation, which may soon cease to exist, is unlikely to be able to bear such obligations.

From communication between people in social networks It is clear that many of the works were completed by the developer in mid-2015. This means that over the past two years the building has been practically abandoned with a partially closed circuit, that is, it was subject to temperature changes and moisture. During this time, something from the engineering systems or, for example, a roof. If, after putting the house into operation, you have to spend money on restoring the house, then the amount of such costs will not be comparable with the costs of painting the entrance, or installing a swing, which the developer will not install upon delivery. And the costs will also fall on the HOA, that is, on the residents of this house. Therefore, living in such an “unfinished” house, built with difficulty, will not be cheap.

In addition, at the time of writing this article in September 2017, there remains the risk of the resumption of bankruptcy proceedings by a creditor who wants to get his money back, with all the ensuing problems for equity holders described above.

We cannot recommend investing in the purchase of apartments in the Zvezda residential complex by assignment in such conditions.

The date for its consideration has not yet been determined. And in general, it is quite difficult to predict when a developer will officially go bankrupt - such cases can take years to be considered. For shareholders of the only Alice facility under construction - the Zvezda residential complex on Moskovskoye Shosse - the situation is quite confusing. It is quite possible that they will have to complete the construction of the house themselves.

What to take from them?

The actions of IC Elis, of course, did not come as a surprise to many. About the company's problems and the three-billion dollar lawsuit from Sberbank. Realizing that there was no way to pay off the country’s largest bank, the developer, as expected, acted proactively. Another thing is how all this will now affect shareholders.

In accordance with the Federal Law “On Insolvency...”, Arbitration court, if it does not detect signs of fictitious bankruptcy, it will have to introduce a monitoring procedure, the task of which is to preserve the debtor’s property, as well as compile a register of creditors’ claims. As a rule, the procedure lasts seven months, after which the court introduces external management, removing the top management of the potential bankrupt from management. The final stage of the bankruptcy procedure is bankruptcy proceedings - this is where the story of a legal entity usually ends.

There are special rules for the activities of construction companies that raise funds from citizens. The main difference: the claims of equity holders or shareholders are satisfied in preference to the main creditors of the developer for monetary obligations. Ahead of them “in line” are only employees of a bankrupt company if they owe wages.

Shareholders of the Zvezda residential complex in in this case can choose one of three possible strategies provided by law. The first is to create your own housing construction cooperative, to which the court will transfer ownership of the unfinished project (by the way, approximately 70% complete). But then buyers who have already paid for their home once will inevitably have to incur additional costs - and considerable ones.

The second way is to find a company willing to complete the construction at its own expense. True, the likelihood of such a development is extremely low, since all the apartments in the Zvezda residential complex have already been sold.

Finally, residents may not complete anything, but simply demand that the money previously paid be returned to them. It would seem to be the most win-win option, given that assets worth about a billion rubles remained in the ownership of IC Elis. However, it's not that simple.

Everything is pledged

The situation is further complicated by the fact that it is not entirely clear who the ultimate beneficiary of IC Elis is. The city media previously mentioned the names of Vadim Shtertser and Andrey Bryndikov (CEO of the company). Meanwhile, a source in Sberbank told BN that “Ilya Rodionov and Maxim Weinberg are currently positioning themselves as the leaders of Alice Group of Companies, they are also negotiating with shareholders and creditors, but there are no attempts to save the business and restructure they do not undertake debts.”

It is known that Maxim Weinberg was previously the executive director of the Moscow jewelry holding Adamas, which is also facing bankruptcy. Ilya Rodionov is a non-public figure and little is known about his activities today.

Let us note that there have been no high-profile bankruptcies of well-known developers in St. Petersburg for about five years. Basically, companies that were declared insolvent were. However, the examples of SU-155 and GC Gorod show that for a home buyer to turn into a defrauded equity holder, the developer’s bankruptcy is absolutely not necessary.

Text: Pavel Ginev Photo: Alexey Alexandronok