REMINDER TO A MEMBER OF A GARDENING NON-PROFIT PARTNERSHIP

The leaflet is based on current legislation Russian Federation on the legal status of horticultural non-profit partnerships (SNT) and the rights of their members.

Currently, the legislation of the Russian Federation comprehensively and comprehensively regulates the main organizational, property, land, financial, urban, housing, labor and other relations arising in the course of horticultural management.

Nevertheless, it is in this sphere of land use and recreation of citizens that there is a lot of arbitrariness and gross violations of the rights and legitimate interests of gardeners. Facts of violation of the rights of gardeners directly in the associations themselves have become a common phenomenon. This is, first of all, non-observance of the norms of democratic management of the partnership established by the Law, deliberate concealment by the board from the members of the partnership of information about the actual expenditures of monetary and other funds of the partnership, about the intended use of these funds, the arbitrary establishment of membership and other fees, the conduct of various transactions that cause financial and material damage partnership. At the same time, gardeners sometimes do not fully fulfill their obligations stipulated by the legislation of the Russian Federation, the Charter and internal regulatory documents of their SNT.

This leaflet aims to provide the members of the partnership in the most accessible form with the necessary legal knowledge that would allow them to effectively protect their rights and legitimate interests and prevent their violation, as well as conscientiously fulfill their duties.

1. Horticultural non-profit partnership

law that directly governs legal status horticultural non-profit partnership is the Federal Law of April 15, 1998 N 66-FZ\"On horticultural, horticultural and dacha non-profit associations of citizens \".

Main guidance document horticultural non-profit partnership is the Charter of the partnership, approved by the general meeting of its members (Article 16 of Law No. 66-FZ).

2. Membership in a horticultural non-profit partnership

According to Art. 18 of Law No. 66-FZ, membership in a horticultural non-profit partnership is established from the age of eighteen.

Members of the partnership may be minors and underage citizens, to whom the land plots have passed as a result of inheritance, donation or other transactions with land plots. The interests of these persons must be represented by their parents, guardians or custodians in the manner prescribed by the norms of civil and family legislation.

3. Property of horticultural non-profit partnerships, its formation and use

In accordance with Law No. 66-FZ, the property of a partnership as a legal entity is formed from entrance and membership fees of members of the partnership. Property common use formed from earmarked contributions. The same law determines the property liability of the members of the partnership.

4.1. Entry fees

Entry fees are prerequisite to accept a citizen as a member of the partnership.

The obligation to pay entrance fees rests with all those joining the partnership, regardless of whether they enter again on a general basis or in the place of other members of the partnership (in the case of acquiring a plot by way of sale, inheritance, transfer of membership, etc.).

The fact that their predecessors have once already paid entry fees does not exempt new members from paying them. However, the charter of the partnership may stipulate that members of the gardener's families who jointly farm on the land are exempted from paying entrance fees.

Entry fees can only be paid in cash. Their sizes are established by decisions of the general meetings of the members of the partnership.

Payment of entrance fees is made at a time; their installment plan, as a rule, is not provided.

The main expenses of the funds of entrance fees are defined in Law No. 66-FZ (Article 32) and are related to initial stage organization of SNT with the preparation of design and technical documentation, specifications engineering support, cost estimates and other documents necessary for the coordination and approval of the project and development of the territory horticultural partnership. They are also spent on the implementation of measures to organize the partnership and on registration for this purpose. necessary documentation(fee for premises for holding general meeting, publication of the Charter of the partnership, membership books, etc.).

Entry fees are non-refundable. When a citizen leaves the partnership, regardless of the reasons for the departure, the funds contributed as entrance fees are not returned to him.

4.2. Membership fee. Directions of their spending, amounts and terms of payment

Membership fees (cash) are periodically paid by gardeners and spent on needs arising from the economic activity of the partnership: remuneration of employees who have concluded labor contracts with the partnership (accountant, treasurer, cashier, watchmen, electrician and other employees), as well as on payment of current operational expenses (drainage, removal of household waste, road repairs, arrangement of children's and sports grounds, etc.).

Membership fees are necessary condition maintaining the rights of a member of the partnership to participate in its activities (to elect and be elected to the management and control bodies of the partnership, as well as receive information about their activities), to use the services and benefits provided for by the Charter of the partnership.

The frequency of payment of membership fees (once a year, half a year, quarter) is established by the decision of the general meeting. Payment of membership dues on time is provided by law 66-FZ (subclause 6, clause 2, article 19) is a duty of a member of the partnership, failure to comply with which deprives him of the right to use the services of the partnership, and if he systematically evades paying contributions, it may become the basis for exclusion from members of the partnership.

4.3. earmarked contributions

Target contributions (cash) are established only for members of the partnership. The amount of these contributions and the procedure for their payment are determined by the members of the partnership.

Target contributions are intended for the acquisition and creation of objects of common use property. Such objects include the construction or reconstruction of roads, a water-pressure system, the installation of electric lighting of the site, the arrangement of a reservoir, the construction of a fence, leisure and household pavilions, and other objects.

Target contributions cannot be depersonalized with others in cash. Funds of earmarked contributions shall be used only to pay expenses for objects determined by the general meeting of members of the partnership.

According to Art. 4 of Law No. 66-FZ, the common property of the partnership, acquired or created by it at the expense of earmarked contributions, is the joint property of its members.

4.4. The procedure for the formation of a special fund in a horticultural partnership and its intended use

By decision of the general meeting of members of the partnership, a special fund can be created, which consists of entrance and membership fees of this partnership, income from its economic activities, as well as funds provided by state authorities and local governments, enterprises and organizations in order to support gardening partnerships (Article 35 , 36, 38 of Law No. 66-FZ).

Common property acquired or created at the expense of a special fund is the property of such a partnership as a legal entity.

5. Management of horticultural non-profit partnerships

As defined in Law No. 66-FZ (Article 20), the governing bodies of a partnership are the general meeting of its members (general meeting of authorized persons), the board elected by it and the chairman of the board of the partnership.

Through the aforementioned management bodies, the partnership, as a legal entity, acquires civil rights and assumes civil obligations. The governing bodies of the partnership act in accordance with the law and their Charter.

The law does not allow the establishment of any other formations for the management of the partnership (for example, councils, committees, etc.). Named in Law No. 66-FZ, the structure of the governing bodies of the SNT is the only legal form for expressing the rights and interests of members of the partnership.

In large partnerships, holding general meetings of its members is often extremely difficult, and sometimes impossible. In this regard, the Law gives the partnership the right to hold a general meeting in the form of a meeting of representatives.

Authorized partnerships are elected from among its members and cannot transfer the exercise of their powers to other persons, including members of the partnership.

The articles of association of a partnership must provide for:

1) the number of members of the partnership from which one representative is elected;

2) the term of office of the authorized partnership;

3) the procedure for electing the authorized representatives of the partnership (by open voting or by secret ballot using ballots);

4) the possibility of re-election of the authorized persons of the association.

5.1. Competence of the general meeting of members of the SNT (meeting of authorized persons)

To competence supreme body management of a horticultural non-profit partnership, the most important issues of its life are attributed.

At the same time, the general meeting of members of the SNT (meeting of authorized persons) has the right to consider any issues related to the activities of the partnership and make decisions on them.

The general meeting of the members of the partnership (meeting of authorized persons) is convened by the board of the partnership as necessary, but at least once a year.

By decision of the board of the partnership, the requirement audit commission(auditor) of the partnership, as well as at the suggestion of the local government or at least one fifth total number members of the partnership, an extraordinary general meeting of the partnership (meeting of authorized persons) may be held.

The board of the partnership is obliged, within seven days from the date of receipt of the proposal of the local government or at least one-fifth of the total number of members of the partnership, or the request of the audit commission (auditor) of the partnership to hold an extraordinary general meeting of members of the partnership (meeting of authorized persons) to consider these proposals or requirements and make a decision to hold an extraordinary general meeting of the members of the partnership or to refuse to hold it.

The board of a horticultural partnership may refuse to hold an extraordinary general meeting of members of the partnership if the procedure established by the Charter of the partnership for submitting a proposal or making a request to convene an extraordinary general meeting of its members is not followed.

If the board decides to hold an extraordinary general meeting of the members of the partnership, the said general meeting must be held no later than thirty days from the date of receipt of the proposal or request to hold it. If the board has decided to refuse to hold an extraordinary general meeting of the members of the partnership, it informs in writing audit commission (auditor) of the partnership or its members or a local government requiring an extraordinary general meeting of members of the partnership (meeting of authorized persons), about the reasons for the refusal.

The refusal of the board of the partnership to satisfy the proposal or demand to hold an extraordinary general meeting of the members of the partnership, the audit commission (auditor), members of the partnership, local government may appeal to the court.

5.2. Exclusive competence of the general meeting of SNT

Law No. 66-FZ (Article 21) refers the decision of the following issues to the exclusive competence of the general meeting of members of a horticultural partnership (meeting of authorized persons):

1) amendments to the Articles of Association of the partnership and additions to the Articles of Association or approval of the Articles of Association in new edition;

2) admission to the partnership and exclusion from its members;

3) determination of the quantitative composition of the board of the partnership, election of members of its board and early termination their powers;

4) election of the chairman of the board and early termination of his powers, unless otherwise provided by the charter of the association;

5) election of members of the audit commission (auditor) of the partnership and early termination of their powers;

6) election of members of the commission for control over compliance with the legislation and early termination of their powers;

7) making a decision on the partnership's entry into associations (unions) of horticultural non-profit partnerships;

11) setting the amount of penalties for late payment of contributions, changing the terms for making contributions by low-income members of the partnership;

12) approval income and expenditure estimate partnerships and making decisions on its implementation;

14) approval of reports of the board, acts of the audit commission (auditor), commission for monitoring compliance with the law;

15) encouragement of members of the board, the audit commission (auditor), the commission for monitoring compliance with the law and members of the partnership.

The listed items (1-15) art. 21, constituting the exclusive competence of the general meeting of members of the partnership (meeting of authorized persons), are intended to ensure the direct participation of all its members in managing the affairs of the partnership.

Members of the partnership, based on the current legislation, and above all on Law No. 66-FZ, independently develop and approve the Charter of their partnership.

The most essential right of the general meeting of members of the partnership is the introduction of amendments and additions to the charter of the partnership, as well as the approval of the charter in a new edition.

The general meeting of the members of the partnership elects not only the board, but also its chairman. However, this does not mean that it can be opposed to the rule. Being the chairman of the board, he is obliged to observe the principle of collegiality in resolving issues, remaining accountable not only to the general meeting, but also to the board of the association.

According to the norms of Law No. 66-FZ, the procedure for electing the chairman of the board should be as follows: first, at the general meeting of members of the partnership, the composition of the board is elected (subparagraph 3 of clause 1 of article 21), and then the meeting of members of the board (which is not specified in the next subparagraph 4 of clause 1 article 21) elects the chairman of the board.

Of course, such a procedure does not allow the members of the partnership, when electing a chairman, to focus on the main official in the association - the chairman of the board.

But the Law also provides another option for electing the chairman of the board of the partnership, a more democratic one. However, in practice this is what happens. The general meeting elects from all the members of the partnership first the chairman of the board, who automatically becomes its member, then elects the members of the board of the partnership. And this order does not contradict the meaning of the Law.

Particularly important powers are granted to the general meeting of members of the partnership in the field of financial and economic activities.

These include, first of all, the right to make decisions on the use of the property of the partnership, establish the size of entrance, membership and target fees, approve the income and expenditure estimates and make decisions on its implementation.

Above were issues of the exclusive competence of the general meeting of the partnership (Article 21 of Law No. 66-FZ), among which the approval of the income and expenditure estimates (budget) of the partnership and its implementation occupy only 12th place, although this article is the basis of the financial and economic activities of the partnership .

It is well known that the approval of the estimate is made by the participants of the general meeting of the partnership, as a rule, \"by ear \", which does not allow them to delve into its essence. Apparently, those partnerships are doing the right thing, the Charter of which provides that at least two weeks before the general meeting, the members of the partnership should receive a written report on the implementation of the income and expenditure estimates for the past year and a draft of this estimate for the upcoming financial and economic year. Only after familiarization with these documents of the members of the partnership can a reporting or reporting-election meeting be held.

Notification of the members of the partnership about the holding of a general meeting of its members can be carried out in writing (postcards, letters), as well as by placing appropriate announcements on information boards located on the territory of the partnership.

Notice of the general meeting shall be sent to the members of the partnership no later than two weeks before the date of its holding. The notice of the general meeting of the members of the partnership must indicate the content of the issues submitted for discussion.

The Charter and internal regulations of the partnership may establish the procedure and conditions for absentee voting by poll (Federal Law of November 22, 2000 N 137-FZ). These documents must provide for the text of the ballot for absentee voting, the procedure for informing the members of the partnership of the proposed agenda, familiarizing themselves with the necessary information and documents, making proposals for the inclusion of additional issues on the agenda, as well as indicating a specific deadline for the completion of the absentee voting procedure.

The general meeting of members of a horticultural partnership cannot be held in absentia if the agenda includes the approval of income and expenditure estimates, board reports and acts of the audit commission (auditor) of the partnership.

The general meeting of the members of the partnership is competent if more than 50% of the members of the partnership (at least 50% of the authorized persons) are present at the said meeting. A member of the partnership has the right to participate in voting personally or through his representative, whose powers must be formalized by a power of attorney certified by the chairman of the partnership.

Broad powers granted to the supreme management body of the partnership in considering and resolving issues in the main areas of economic and social activities, which concern the rights and interests of all its members, revealed the need to establish the most democratic conditions in organizing and holding a general meeting of the partnership.

The adoption of the rules of the general meeting of members of the partnership (subparagraph 8 of clause 1 of article 21) helps to ensure an organized discussion and resolution of issues. At the same time, issues of the exclusive competence of the general meeting of members of the partnership cannot be transferred to the permission of the board or its chairman, even by decision of the general meeting itself.

Decisions on amendments to the Charter of the partnership and additions to the Charter or on approval of the Charter in a new edition, exclusion from members of the partnership, on its liquidation and / or reorganization, appointment liquidation commission and on the approval of the interim and final liquidation balance sheets are adopted by the general meeting of the members of the partnership by a two-thirds majority.

Other decisions of the general meeting of members of the partnership are made by a simple majority of votes.

And one more additional guarantee to ensure the legality of the decision of the general meeting of members of the partnership - it must be communicated to its members within seven days after its adoption.

A member of a horticultural partnership has the right to appeal to the court the decision of the general meeting, as well as the decision of the board and its chairman, which violated the rights and legitimate interests of a member of the partnership.

5.3. Board of SNT and its competence

According to Art. 22 of Law No. 66-FZ, the board is a collegial executive agency, accountable only to the general meeting of members of the association.

Local authorities do not have the right to interfere in the activities of the board of the partnership, and it is not accountable to them. The Board is exempt from submitting reports to local authorities on the compliance of buildings erected on the sites with established norms and rules, on the intended use of state loans by members of the partnership. It is not the duty of the board to exercise control over the work carried out by members of the partnership on laying the garden, landscaping its territory, inventory of plantings and buildings erected by members of the partnership on their plots, which existed in the previous model statutes gardening associations.

The board of the partnership is elected by direct secret ballot from among its members for a period of two years by the general meeting of members of the partnership, unless otherwise provided by the charter of the partnership. The number of members of the board is established by the general meeting of members of the partnership.

The issue of early re-election of members of the board may be raised at the request of at least one third of the members of the partnership.

Meetings of the board of the partnership are convened by the chairman of the board at the time established by the board, and also as necessary.

Board meetings are competent if at least two thirds of its members are present. Decisions of the board are taken by open voting by a simple majority of votes of the board members present.

The competence of the board includes:

1) practical implementation of decisions of the general meeting of members of the partnership;

2) operational management current activities of the partnership;

3) drawing up income and expenditure estimates and reports of the partnership, submitting them for approval by the general meeting of its members;

4) disposal of tangible and intangible assets of the partnership to the extent necessary to ensure its current activities;

5) organizational and technical support for the activities of the general meeting of members of the partnership;

6) organization of accounting and reporting of the partnership, preparation annual report and submitting it for approval by the general meeting of members of the partnership;

7) organizing the protection of the property of the partnership and the property of its members;

8) organizing insurance of the property of the partnership and the property of its members;

9) organization of construction, repair and maintenance of buildings, structures, structures, engineering networks, roads and other public facilities;

10) purchase and delivery planting material, garden tools, fertilizers, chemicals;

11) ensuring the office work of the association and the maintenance of its archive;

12) employment in the partnership of persons under employment contracts, their dismissal, encouragement and imposition of penalties, keeping records of employees;

13) control over the timely payment of entrance, membership and target fees, contributions to special funds;

14) making transactions on behalf of the partnership;

15) assistance to members of the partnership in the free transfer of agricultural products to orphanages, nursing homes for the elderly and disabled, preschool educational institutions;

16) exercise foreign economic activity partnerships;

17) consideration of applications of members of the partnership.

The Board of SNT, in accordance with the legislation of the Russian Federation and the Charter of the partnership, has the right to make decisions necessary to achieve the goals of the partnership and ensure its normal operation.

5.3.1. Does a person who is not a member of the partnership, but has a land plot on its territory, have the right to be elected to the board of the SNT?

Law No. 66-FZ (Article 8) does not provide for the right of citizens who are not members of a horticultural non-profit partnership and run a household on an individual basis to be elected to the board of the partnership. Their relations are built on the terms and conditions concluded in written form of contracts in the manner determined by the general meeting of members of the partnership. At the same time, the meeting establishes the amount of payments for the use of social infrastructure facilities general purpose(road maintenance, electricity and water supply, improvement facilities, etc.).

If the rights of\"individuals \" are violated, in particular, the refusal of the board and the general meeting of the partnership to conclude contracts with them for individual housekeeping, these citizens have the right to appeal against such actions in court.

Therefore, the relationship of non-members of the partnership with its governing bodies (board and general meeting) is not of an organizational and legal nature, based on membership in the partnership, but of a civil law nature, which is based on contractual relations.

In this regard, Article 22 of Law No. 66-FZ clearly establishes that the board of a horticultural non-profit partnership\"is elected by direct secret ballot from among its members for a period of two years by a general meeting of members of such a partnership\".

However, the foregoing does not mean that citizens engaged in gardening individually on the territory of the partnership should be excluded from the activities of the governing bodies of this partnership. They have the right to participate in general meetings of members of the partnership, to express their opinion with the right of an advisory vote, to participate in the work of commissions.

5.4. Powers of the Chairman of the Board

The board of the horticultural non-profit association is headed by the chairman of the board, elected from among the members of the board for a term of two years. According to Art. 23 of Law No. 66-FZ, the powers of the chairman of the board are determined by this law and the Charter of the partnership. The chairman of the board, in case of disagreement with the decision of the board, has the right to appeal this decision to the general meeting of members of the partnership.

The chairman of the board of the partnership acts without a power of attorney on behalf of the partnership, including:

1) chair the meetings of the board;

2) has the right of first signature on financial documents that, in accordance with the Articles of Association of the partnership, are not subject to mandatory approval by the board or the general meeting of members of the partnership;

3) signs other documents on behalf of the association and minutes of the board meeting;

4) on the basis of a decision of the board of directors, enter into transactions and open accounts of the association;

5) issue powers of attorney, including those with the right of substitution;

6) ensures the development and submission for approval by the general meeting of members of the partnership of the internal regulations of the partnership, the provisions on the remuneration of employees who have concluded employment contracts with the partnership;

7) carries out representation on behalf of the partnership in state authorities, local governments, as well as in organizations;

8) consider applications of members of the partnership.

The chairman of the board of a horticultural non-profit partnership, in accordance with the Charter, performs other duties necessary to ensure the normal operation of the partnership, with the exception of the duties assigned by the Law and the charter of the partnership to other management bodies of the partnership.

5.5. Responsibility of the chairman of the board of SNT and members of the board

In accordance with Art. 24 of Law No. 66-FZ, the chairman of the board of a horticultural non-profit partnership and members of its board, in exercising their rights and fulfilling established duties, must act in the interests of the partnership, exercise their rights and fulfill assigned responsibilities conscientiously and reasonably.

As for the liability of the chairman of the board and its members, Article 24 of Law No. 66-FZ provides that for their unlawful actions they may be subject to disciplinary, material, administrative or criminal liability in proportion to their fault.

The fact is that Law No. 66-FZ gives the board broad rights to dispose of the tangible and intangible assets of the partnership, to execute the income and expenditure estimate approved by the general meeting, to make civil law transactions on behalf of the partnership, to organize the construction and maintenance of public facilities, to accept work under labor contracts and other equally important rights, up to the implementation of foreign economic activity.

Given the extensive rights of the board to dispose of, as a rule, large monetary and material resources the legislator establishes the personal responsibility of the chairman and members of the board for the performance of their duties in the interests of the partnership in good faith and reasonably.

And here the provision of paragraph 2 of Art. 24 of Law No. 66-FZ, which establishes that the chairman of the board of a horticultural non-profit partnership, members of its board are liable to the partnership for losses caused to it by their actions (inaction). At the same time, members of the management board who voted against the decision, which caused losses to the partnership, or who did not take part in the voting, are not liable.

The issue of responsibility for the unlawful actions (inaction) of the chairman and members of the board that caused property damage to gardeners can be raised directly by the members of the partnership at a general meeting or by contacting the executive authorities or law enforcement agencies. But, of course, the most responsible role belongs to the audit commission of the partnership, and the prevention of abuses in the financial and economic activities of the board of the partnership largely depends on its effectiveness.

5.5.1. What is the procedure for compensating for material damage caused to members of the partnership by unlawful actions of its board?

Civil law under the material damage understands the damage caused to property, as a result of which there is its cost reduction or loss.

There are two main types of damage that caused material damage to a dwelling:

1) due to the unlawful behavior of the tortfeasor, his action or inaction;

2) as a result of causing harm to the living quarters through negligence.

For culpable harm, general rule tort liability arises. A delict means any violation in civil legal relations that do not constitute criminal acts. Tort liability entails only the obligation to compensate for the damage caused.

According to Art. 401 of the Civil Code of the Russian Federation, guilt is expressed in the form of intent or negligence. Intent is understood as the foreseeing of the harmful result of unlawful behavior or the conscious assumption of the occurrence of such a result.

Negligence is expressed in the absence of the care, foresight, and care required under certain circumstances. Article 1083 of the Civil Code of the Russian Federation distinguishes between gross and simple negligence, and their assessment determines the degree of guilt of the person and the amount of compensation for the harm caused.

Very often, damage is caused by employees hired by the board in the performance of their labor (service, official) duties. Citizens performing work on the basis of employment contract(contract), as well as citizens performing work under a civil law contract (for example, under a work contract), if at the same time they acted or should have acted on the instructions of the relevant legal entity (in this case horticultural non-profit partnership) or a citizen and under his control over the safe conduct of work.

For example, under an agreement with a partnership, a contractor performed road construction work, while causing significant damage to the fences of gardeners' plots and fruit trees located on them. In this case, the damage to the injured gardeners is compensated in full by the board of the partnership, which, in turn, makes appropriate demands on the contractor performing the work. However, the payment of compensation to gardeners for the damage caused to them does not depend on the outcome of the proceedings between the partnership and the contractor.

5.5.2. Does the board of the partnership have the right to increase the tariff for payment for electricity from the members of the partnership in comparison with the tariff established by the energy sales company, and does the board have the right to turn off the electricity from the owner of the site for non-payment of membership fees?

It is completely illegal if the board charges the members of the partnership for electricity at tariffs exceeding the amounts established by the regional commissions for energy resources. If this happens, then the sums of the search should be taken into account in subsequent calculations for electricity with members of the partnership, and those responsible for the violation should be held liable in the manner prescribed by law.

The supply of electricity to the consumer may be completely or partially interrupted in the following cases:

1) unsatisfactory condition of the electrical wiring and failure to comply with the requirements of the person responsible for the electrical facilities of the partnership to eliminate the identified violations;

2) connection of current collectors in addition to the meter or violation of electricity metering schemes;

3) avoidance officials to check the condition of the consumer's electrical installations or electricity devices;

4) non-payment of the payment document for electricity within the established time limits. For these violations, power is cut off after a preliminary warning to the consumer and only in cases where he has not eliminated the violations within the prescribed period.

For other violations of the Charter of the partnership, in particular for non-payment of membership fees, the board is not entitled to use the power outage as an impact on the non-payer, since payment for electricity is made by gardeners separately, i.e. in addition to the established membership fees.

The draft of the new Charter of SNT "Grove"

Amendments to the Charter of the CH T "Grove". clarification

In connection with the entry into force on 01.01.2019 federal law of July 29, 2017 No. 217-FZ "On the conduct by citizens of gardening and horticulture for their own needs and on amendments to certain legislative acts of the Russian Federation" (Federal Law of July 29, 2017 No. 217-FZ), amendments to the Civil Code, we are obliged to make changes to the bylaws.

The general meeting of members of the Partnership on July 14, 2018 decided (clause 9 of Protocol No. 1 of July 19, 2018):

“Create a working group to amend the Charter of the SNT “Grove” at the general meeting of members of the Partnership in 2019. Include in the specified working group members of the Management Board and the Audit Commission.

Invite all gardeners - members and non-members of the Partnership - to make their proposals for amending the Charter, substantiate these proposals, and set a deadline for submitting such proposals - the end of February 2019.

The working group to bring to the attention of the gardeners of SNT "Grove" the draft new edition of the Charter of SNT "Grove" no later than May 31, 2019, using informational resources installed in SNT "Grove" for posting information.

Draft new version of the Charterdeveloped on the basis of legislation, taking into account the history of our SNT, experience and features of the work of SNT. The project is posted for review on the website, in the section "Documents of SNT --> Constituent documents”, in the Board, at the duty officers. Submit your proposals on the draft Charter, report any typos, errors found, and send them to the Board, to the e-mail address of SNT [email protected] Anonymous proposals on the draft Charter will not be considered.

Clarifications on changes to the Charter and articles of laws related to the association of real estate owners:

SNT "Grove" was established in 1988 and, despite changes in the legislation, we must enshrine in the Charter the initial goals of creating the SNT, the subject of its activities and the documents on the basis of which the SNT was created.

Due to the fact that laws and their names change and, accordingly, in order to avoid a lengthy procedure for changing the Charter, certain articles of the Charter indicate “legislation”, “regulatory legal acts” instead of “Federal Law of July 29, 2017 No. 217-FZ”.

In accordance with the new legislative requirements, SNTs must add the words Association of Property Owners (TSN) to their name. In principle, this does not bring any cardinal changes, consequences for us, and we will not comment on legislative initiatives.

Chairman of the Association - new term in accordance with the Federal Law of July 29, 2017 No. 217-FZ, and in order not to cause confusion, in our Charter he is also the Chairman of the Board of the Partnership

The text is structured in such a way, sometimes with repetitions of words, to exclude as much as possible any other interpretation.

Civil Code of the Russian Federation

(excerpts from articles relating to changes to the bylaws)

Article 123.12. Basic Provisions on the Association of Real Estate Owners

1. A partnership of real estate owners is a voluntary association of owners of real estate (premises in a building, including apartment building, or in several buildings, residential buildings, garden houses, garden or garden land plots etc.), created by them for joint possession, use and, within the limits established by law, of the disposal of property (things), by virtue of the law located in their common property or in general use, as well as to achieve other goals provided for by laws.

2. Articles of Association of Real Estate Owners must contain information about its name, including the words "partnership of property owners", location, subject and purposes of its activities, composition and competence of the bodies of the partnership and the procedure for making decisions by them, including on issues decisions on which are taken unanimously or by a qualified majority of votes, as well as other information provided for by law.

3. An association of real estate owners is not liable for the obligations of its members. Members of an association of property owners are not liable for its obligations.

Article 123.13. Property of the Association of Real Estate Owners

1. An association of real estate owners is the owner of its property.

2.1. Common property in a horticultural or horticultural non-profit partnership belongs on the basis of common shared ownership to persons who are owners of land plots located within the territory of gardening or horticulture for their own needs by citizens, unless otherwise provided by law.

3. A share in the right of common ownership ... to common property located within the boundaries of the territory of gardening or horticulture for their own needs by citizens, the owner of a garden or vegetable plot of land follows the fate of the ownership of the said premises or land.

Article 123.14. Features of management in a partnership of property owners

1. The exclusive competence of the supreme body of a partnership of property owners, along with the issues specified in paragraph 2 of Article 65.3 of this Code, also includes the adoption of decisions on establishing the amount of mandatory payments and contributions of members of the partnership.

2. A sole executive body (chairman) and a permanent collegial executive body (management board) are created in a partnership of real estate owners.

By decision of the supreme body of the partnership of real estate owners (clause 1 of article 65.3), the powers of the permanent bodies of the partnership may be terminated ahead of schedule in cases gross violation by them of their duties, revealed inability to properly conduct business or in the presence of other serious grounds.

Federal Law No. 217-FZ dated July 29, 2017

Article 4

3. A horticultural or horticultural non-profit partnership is type of association of property owners.

Article 54. Transitional provisions

1. Reorganization of non-profit organizations created by citizens for horticulture, horticulture or dacha farming before the day this Federal Law enters into force is not required, except for the cases established by this article.

2. From the date of entry into force of this Federal Law, the provisions of this Federal Law on horticultural non-profit partnerships shall apply to horticultural or dacha non-profit partnerships created before the date of entry into force of this Federal Law until their charters are brought into line with this Federal Law.

5. Constituent documents, as well as the names of organizations specified in part 1 of this article, are subject to alignment with this Federal Law on first change constituent documents of these organizations. The constituent documents of the said organizations, until they are brought into conformity with this Federal Law, shall be valid to the extent that they do not contradict this Federal Law.

6. Changes in the names of the organizations specified in Part 1 of this Article in connection with their bringing into line with this Federal Law do not require changes to the title and other documents containing their former names. Such changes can be made at the request of interested parties.
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Membership in the Partnership

The following statuses should be distinguished: gardener and gardener-member of the Association. All owners of plots that are under the right of ownership, or are in possession or use, are gardeners. The status of a member of the Partnership can be obtained by a gardener after being accepted as a member of the Partnership. So, in accordance with the Charter of SNT and No. 66-FZ:

Members of the Partnership may be citizens of the Russian Federation who have reached the age of 18 and have land plots within the boundaries of the Partnership.
- Members of the Association may become the heirs of the gardener, as well as persons to whom the rights to land plots have passed as a result of donation or other transactions with land plots.

Along with this, it is worth noting that founders horticultural, horticultural or country non-profit association are considered accepted as members of such an association since his state registration. Other persons joining such an association are accepted as members by the general meeting of members of the horticultural, horticultural or dacha non-profit association.

Thus, admission to membership of the Partnership after the plots were initially allocated and assigned to the members of the Partnership is carried out only at the general meeting of the members of the Partnership and belongs to the exclusive competence of such a meeting.

Based on the foregoing, those gardeners who are not members of the Partnership may file application for membership in the Association. The application form is attached (see at the end of the page). Those gardeners who are not sure of their status can approach the Board for clarification.

The question may arise, what does membership in the Partnership give, what are the advantages or disadvantages of such a status? The answer can be regarded differently by everyone, depending on the warehouse of the person. In any case, any status implies both rights and obligations. Therefore, here we give the answer in the form of a list of basic rights and obligations, as follows from the Charter of the Partnership and the law.

Briefly and in simple terms:
Rights:

Make decisions related to the life and activities of the Partnership, for example, elect the Board, consider issues related to the estimate, the amount of contributions, items of expenditure
-become a member of the Board and Chairman of the Board
- receive information about the activities of the management bodies of the Partnership
- accept in and exclude from members of the Partnership
- consider any issues of the Partnership's activities and make decisions on them
- apply to the court to invalidate the decisions of the general meeting, decisions of the board and other bodies of the Partnership that violate its rights and legitimate interests

Responsibilities:
- timely pay membership and other fees provided for by No. 66-FZ and the Charter, taxes and payments
-participate in activities organized by the Association
-participate in general meetings of members of such an association
- to comply with the decisions of the general meeting of members of such an association or the meeting of authorized persons and the decisions of the board of such an association

Rights and obligations in more detail - in No. 66 of the Federal Law, article 19, Charter, article 6

It is worth noting that accounting for the actual number of members of the Partnership was not conducted since ancient times. The current Board, elected at the general meeting on August 11, 2012, deals with this issue.

Those gardeners who have been living in the "Grove" for a long time probably remember that in various documents, and simply "by ear" the number of members of the Partnership is 349. However, this is not so. To begin with, simple arithmetic: 349 is the last number of the site in our "Grove"; some own more than one plot, let's say five SNT members own two plots, which means that there are already five less members of the SNT, since the number of plots remains unchanged - 349, some land owners - members of the SNT, unfortunately died, there are those who sold the plots , and the new owners have not joined the SNT, there are plots that do not belong to anyone, etc. Thus, it is obvious that the number of members of our Association is not 349.

We will definitely bring membership in "Grove" in accordance with the Charter of our Partnership and the Law. We will be careful when accepting members of the Partnership so that there are fewer of those who, having the status of a member of the Partnership, will do more harm than good.

Application form for membership in SNT "Grove"
Download

Now on the Internet and on physical maps of the area you can find many incomprehensible abbreviations. One of them is SNT. Not everyone can explain what it is, but what gardening is is clear to everyone. These two terms mean approximately the same thing, only the first one is official, it is used in the preparation of documentation, in jurisprudence, in master plans for land development. The second term was also official before, but now it has moved into the category of colloquial. However, signs with the names "Gardening So-and-so" can still be found in many suburbs. In our article, we will answer the question in an accessible language, SNT - what does this mean from the standpoint of modern legal laws. It is important to understand this when making transactions for the purchase and sale of a land plot, as well as for conflict-free membership in a horticultural society. Let's say more, even those who are not its members, but whose sites are located on its territory, need to know the provisions of the SNT.

Abbreviation Definition

What is SNT? The decoding of the abbreviation is as follows - "horticultural non-profit partnership." More plain language, SNT are voluntary associations of gardeners, created so that people can jointly resolve all issues related to their land plots, and thereby facilitate and simplify their gardening activities. In other words, these partnerships are needed to manage the land legally. Members of horticultural associations on their plots can plant trees, plant gardens, engage in any economic activity, if it does not violate the charter adopted by the partnership. In addition, it is allowed to build a house in SNT and all kinds of outbuildings. There are many people who live temporarily (for example, in the summer) or permanently in their garden plots, and the houses they build look solid and are quite livable. You can even register in them, but for this both the house and the plot must be registered as a private property, and the house is recognized as fit for habitation.

What is DNP

There are several public organizations, in essence their activities are similar to SNT. Deciphering such an abbreviation as "DNP" means "dacha non-profit partnership." Previously they were called dacha cooperatives. Members of these non-profit partnerships can also engage in gardening and horticulture on their plots, build residential and outbuildings. But if the DNP is located within the city, its land plots are legally equated to individual housing construction sites, which means that the houses built on them can be officially registered and receive a cadastral number, postal address, registration without any problems. It is clear that in DNP the land plot of the same size as in SNT will cost much more.

Land for gardening associations

The first prototypes of SNT appeared almost a hundred years ago in the young Soviet state. They called them garden associations. Even then, the activities of these organizations were built on the basis of certain rules. So, their members necessarily paid dues, the size of the plots was strictly regulated (these are familiar to many 6 acres), and the area of ​​\u200b\u200bbuildings erected on them was also regulated. Now a voluntary non-profit garden partnership can be organized by a group of people from 3 people. It is important to know that SNT lands should only be from the "for general use" category. Basically, these are plots of agricultural land located outside the city limits. In the Land Code of 1991 there is a clause prohibiting the organization of horticultural non-profit partnerships on land of any other category. The same Code states that in the future, lands owned by SNT may become the property of members of the partnership. According to article 12 of the Federal Law - 66, adopted in 1998 and amended in 2011, zoning of territories should be carried out in Russia. The authorities can allocate land for SNT only after this process, and only in certain areas where it is not planned to build roads, power lines and other similar facilities.

Registration

The process of formation of horticultural non-profit partnerships is as follows:

1. People who decide to create their own non-profit horticultural partnership submit applications to the governing bodies.

2. According to the zoning, the authorities allocate land for a new garden partnership.

3. Registration of SNT is carried out.

Until the third point is fulfilled, there is, as it were, no garden partnership, which means that there are no members of it, and, accordingly, there are no rights to the land.

This process may not be very fast, because during registration it is necessary to comply with a number of formalities, such as approval of the development project, organization project, transfer of land to the ownership of SNT, approval of the list of founders, and so on. If any item is not fulfilled, registration is not carried out.

Charter

People who want to create their own gardening partnership should understand that this organization is legally responsible, which means that it has not only rights, but also a number of obligations, one of which is to create the Charter of the SNT. What it is? The charter is a duly approved and registered legal document, which contains the provisions and rules relating to all issues of the activity of a horticultural partnership. The articles of association must state:

The name of the partnership (for example, SNT "Berry");

The address where it is located;

The number of members already in the partnership and the allowable rates for the admission of new ones;

The area of ​​all its land plots;

Types of contributions and the procedure for their payment;

Member Rights horticultural organization and their responsibilities;

Managment structure;

Legal form.

Governing bodies

After registration, the members of the SNT hold the first meeting, at which they approve the Charter and elect a chairman. He will represent their partnership as a legal entity. Representatives are also selected, whose duties include: helping the chairman take care of the partnership, signing documents with him (sharing responsibility), collecting fees, keeping records and control. The elected chairman of the SNT should not only be a good man or an experienced gardener. He must know office work, navigate in legal matters, be able to organize fire safety and much more, that is, be a good leader. His duties include monitoring the work of all employees of the partnership (accountant, electrician, watchman and others). He must comply with himself and require others to comply with the rules prescribed in the charter, conclude agreements, for example, to build a road to the lands of the partnership, open bank accounts, monitor the state of the territory entrusted to him and inform members of the SNT about upcoming events in the partnership.

Contributions

In any organization there are always contributions. In SNT, their types are as follows:

Introductory, or share (paid once);

Membership (paid monthly);

Targeted (the chairman of the SNT at the meeting must provide information on what the money is being collected for (for example, for laying a water pipe to the lands of the partnership), and then report on how the donated money was used);

Additional (collected if unforeseen circumstances arise).

Funds of share contributions are spent on the acquisition of material assets for the entire partnership.

Membership fees are used to pay salaries to employees of the partnership, pay general utilities, for example, lighting on the territory of the partnership (this does not take into account whether there is lighting on the site of a SNT member), for current expenses. The amount of the membership fee depends on the number of sites occupied. The size of the share contribution is equal to the sum of 5 membership fees.

Rights of SNT members

There are people who plan to build a residential building on the SNT site. Dacha in this case can become permanent place registration and residence, if there is an act certifying that the erected building meets the standards for residential buildings. In other words, SNT members have the right to build housing on their plots, but registration will require a lot of documents.

I would like to highlight the main postulate of all SNTs: no matter how many sites its members own, they all have equal rights and only one vote at the meeting when making any decisions.

Each member of the garden partnership has the right to the following actions:

Participate in meetings;

Elect a board and be elected;

Require a report on the activities carried out by the chairman of the SNT;

Carry out any activity on your land plot that is not prohibited by the Charter of the partnership (construction, breeding of poultry, bees, and so on);

Dispose of the land at its own discretion (donate, sell);

Use all public facilities of the SNT infrastructure (light, water, road);

Have unhindered access to your site;

Leave the partnership if you wish;

Be hired by your horticultural partnership if there is a vacancy in his specialty.

I would like to draw your attention to the fact that you can join the SNT after submitting an application and making a positive decision at a meeting of its members.

Responsibilities of members of a gardening association

All SNT members are required to abide by the following rules:

Pay dues on time;

Within three years from the date of receipt, master your garden plot;

Carry out any activity on it that does not violate the Charter of the SNT;

Take part in social events;

Do not create problems for neighbors in the area with your activities;

Obey the decisions made at the meeting of the members of the partnership.

Exit from the gardening partnership

If desired, each landowner can withdraw from the SNT. What does this entail?

Legally, nothing is wrong. Such a person retains his land allotment, he can continue to use the SNT infrastructure (light, road and other public facilities), and carry out gardening activities on his plot.

What a landowner - an individual should not do:

go to meetings;

Obey their decisions;

Take part in social events of the SNT;

Pay membership dues.

What an individual landowner must do:

Draw up contracts with SNT for the use of electricity, water, roads and other public facilities;

Pay for the use of all SNT infrastructure facilities;

Claim your share of the property of the SNT, acquired with the money of the members of the SNT, in proportion to your contributed funds.

Pros and cons of SNT

People who aspire to have a piece of paradise outside the city, created with their own hands, gladly become members of the SNT. Reviews about their activities are different. According to the majority of respondents, those garden associations led by an intelligent and honest chairman. The advantages of SNT are:

There is security;

Always well-groomed clean territory;

To garden plot there are good access roads;

The ability to calmly do what you love;

Those who wish can build a house on the site and register in it.

Noted disadvantages:

The location is not always good;

Sometimes they collect too many additional contributions;

Not all SNTs have good infrastructure;

Difficulties with the registration of ownership and, as a result, the registration of the house.

- What documents do you have?
- Mustaches, paws and tail - these are my documents! Cat Matroskin

Basic documents of a horticultural partnership

Horticultural non-profit associations (partnerships) of citizens are recognized by law separate view non-profit organizations.

Horticulture charter

The constituent document of the horticultural partnership is the version of the Charter, which is approved at the general meeting of the founders. The editions of the Charter of a horticultural partnership must comply with the requirements of the laws of the Russian Federation “On non-profit organizations”, as well as “On horticultural, gardening and country non-profit associations of citizens”.

In 2013, a survey of the boundaries of common horticultural lands was carried out.

TIN certificate

Horticultural non-profit partnership "Gardening" in without fail registered in tax office Vsevolozhsky district. Identification number of SNT "Garden" as a taxpayer (TIN) - . The original TIN Certificate is currently not in the folder of constituent documents of the SNT /

Horticultural non-profit partnership "Sadovoye" was registered in the Unified State Register of Legal Entities (USRLE) in August 2004 with the name "Gardening Non-Commercial Partnership" Garden "Peri" by the Inspectorate of the Ministry of the Russian Federation for Taxes and Dues of the Vsevolozhsky District of the Leningrad Region. A certificate of entry of horticulture into the Unified State Register of Legal Entities (EGRLE) and an extract from this register are available in the folder of constituent documents of the SNT.

OGRN is the main state registration number of the record on the creation of a legal entity. The OGRN code consists of 13 digits-characters. This code S YY QK NN XXXXX H is decrypted as follows:
FROM(1st digit from the left) - a sign of attributing the state registration number records to PSRN, usually 1 or 5;
GG- the last two digits of the year the entry was made in the state register;
QC- the serial number of the subject of the Russian Federation according to the list of subjects of the Russian Federation established by Article 65 of the Constitution of the Russian Federation;
HH- code of the number of the interdistrict tax inspectorate that issued the PSRN to the legal entity;
XXXXX- number of the entry made in the state register during the year;
H- control number, represents the least significant digit of the remainder of dividing the previous 12-digit number by 11.;

The original of the OGRN Certificate is currently not in the folder of constituent documents of the SNT.

Agreement on the procedure for the use and operation of engineering networks, roads and other common property also those who, for some reason, left it, or were expelled. That is, there are two categories of gardeners on the territory of a horticultural association: 1. Members of a horticultural non-profit association; 2. Gardeners are individuals. In their relations with each other and with the association, as a legal entity, gardeners who are members of a horticultural association are guided by Federal Law No. 66-FZ “On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens”, the Charter, as well as decisions of general meetings. It follows from the law that members of horticultural associations must pay three types of fees: entry, membership and target. The charter of the partnership may determine in what order these contributions must be paid, with what frequency and in what period. At general meetings of the horticultural association, its members make decisions on approving the estimate, determining the needs of the partnership, planning current and future expenses. After the estimate is approved, the amount of membership and earmarked contributions for the year is determined. The described procedure is relevant only to those gardeners who are members of the association. Gardeners - individuals who have a land plot on the territory of a horticultural association, must build their relationships on the basis of contracts. The conclusion of an agreement between a horticultural association and an individual gardener is mandatory both from the point of view of the law and from the point of view of the interests of both parties. After a member of the partnership has left the association, he is not obliged to comply with the decisions of the general meetings, and will obey them. The statute is not law for him. The cost estimate applies only to members of the horticultural association. Therefore, until an agreement is concluded between a horticultural association and an individual gardener, there is no reason to demand any payments from the owner of the plot. There is only one exception - payment for consumed electricity. This type payment is made on the basis of the readings of an individual meter, and does not depend on the presence or absence of a signed contract. As a rule, the initiator of the conclusion of an agreement for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association is the board of such an association. If, for any reason, an individual gardener was not offered a draft contract, he has the right to draw up his own version and propose it to the board of the association. The direction of the draft agreement to the other party in this case is considered as the direction of the offer (Article 435 of the Civil Code of the Russian Federation). An offer is an offer addressed to one or several specific persons, which is quite definite and expresses the intention of the person who made the offer to consider himself to have entered into an agreement with the addressee who will accept the offer. The offer must contain essential conditions contracts. The party that received the draft contract must carefully read its terms, and if the terms of the contract are completely satisfied, sign it. If the terms of the contract are not satisfactory, it is necessary to draw up a protocol of disagreements and send it to the other party. If the disagreements that have arisen between the parties under the terms of the contract cannot be resolved amicably, the solution of this issue can be referred to the court. The court should also be contacted if, despite the appeal with the draft agreement on its conclusion, the second party refused, or did not answer anything. To apply to the court, it is necessary to prepare a substantiated statement of claim, and send it to the district or city court, at the location of the defendant. If the defendant is an individual gardener, then the case will be considered by the court at his place of residence, if the defendant is a horticultural non-profit association - the court at his location. A mandatory annex to the statement of claim will be a draft contract, which was sent to the second party (the defendant). When drawing up a statement of claim, it is necessary to comply with the conditions for its preparation, provided for in Article 131 of the Civil Procedure Code of the Russian Federation. According to this rule, the statement of claim is submitted to the court in writing. AT statement of claim the following must be indicated: 1) the name of the court to which the application is submitted; 2) the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative; 3) the name of the defendant, his place of residence or, if the defendant is an organization, its location; 4) what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his claim; 5) the circumstances on which the plaintiff bases his claims and the evidence confirming these circumstances; 6) the value of the claim, if it is subject to evaluation, as well as the calculation of the sums of money recovered or disputed; 7) information on compliance with the pre-trial procedure for applying to the defendant, if this is established by federal law or provided for by an agreement between the parties; 8) a list of documents attached to the application. In the statement of claim, it is desirable to indicate the norms of the law on which the requirements are based. In a civil case on compulsion to conclude an agreement on the use of infrastructure facilities, it is necessary to refer to the Civil Code of the Russian Federation and the Federal Law of April 15, 1998 No. 66-FZ “On horticultural, gardening and country non-profit associations of citizens”. Federal Law No. 66-FZ of April 15, 1998 "On horticultural, horticultural and dacha non-profit associations of citizens" indicates that a horticultural, horticultural or dacha non-profit association of citizens - non-profit organization, established by citizens on a voluntary basis to assist its members in solving common social and economic problems of gardening, horticulture and dacha farming. On the basis of Article 8 of the Federal Law of April 15, 1998 No. 66-FZ “On Horticultural, Orchard and Dacha Non-Commercial Associations of Citizens”, citizens have the right to garden, garden or dacha economy on an individual basis. Citizens engaged in horticulture, horticulture or dacha farming on an individual basis on the territory of a horticultural, horticultural or dacha non-profit association have the right to use the infrastructure and other common property of a horticultural, horticultural or dacha non-profit association for a fee on the terms of contracts concluded with such an association in writing. form in the manner determined by the general meeting of members of a horticultural, horticultural or dacha non-profit association. Citizens individually engaged in horticulture, horticulture or dacha farming on the territory of a horticultural, horticultural or dacha non-profit association may appeal to the court decisions of the board of a horticultural, horticultural or dacha non-profit association or a general meeting of its members to refuse to conclude agreements on the use of infrastructure and other common property of such an association. In accordance with Part 1 of Art. 420 of the Civil Code of the Russian Federation, an agreement is recognized as an agreement between two or more persons on the establishment, change or termination of civil rights and obligations. By virtue of Article 421 of the Civil Code of the Russian Federation, citizens and legal entities free to enter into a contract. Coercion to conclude a contract is not allowed, except in cases where the obligation to conclude a contract is provided for by the Civil Code of the Russian Federation, by law or by a voluntarily assumed obligation. In accordance with paragraph 9, part 1, art. 19 FZ No. 66-FZ, a member of a gardening partnership has the right to voluntarily withdraw from such an association with the simultaneous conclusion of an agreement with him on the procedure for the use and operation of engineering networks, roads and other common property, therefore, horticultural association required to enter into a contract by law. In cases where disagreements that arose during the conclusion of the contract are referred to the court for consideration, the terms of the contract on which the parties had disagreements are determined in accordance with the decision of the court. The main terms of the contract include: the subject of the contract, the price, the responsibility of the parties, the duration of the contract. The names and data of the parties who entered into the contract must be fully indicated. The agreement on the procedure for the use and operation of engineering networks, roads and other common property is drawn up in two copies, one for each of the parties.