FOR ALL GARDENERS AND SNT RUSSIA
UNIVERSAL MEMO TO A MEMBER OF A GARDENING NON-PROFIT PARTNERSHIP
Official text and other useful information for gardeners
1.1.
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The leaflet is based on the current norms of the legislation of the Russian Federation on the legal status of horticultural non-profit partnerships (SNT) and on 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.
1.2. Nevertheless, it is in this sphere of land use and recreation of citizens that there is a lot of arbitrariness and gross violations 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-compliance with 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 effectively protect their rights and legitimate interests and prevent their violation, as well as conscientiously fulfill their duties.
1. Horticultural non-profit partnership
The law that directly determines the legal status of a horticultural non-profit partnership is the Federal Law of April 15, 1998 N 66-FZ "On horticultural, gardening and country non-profit associations of citizens."
The main governing document of a 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. Horticultural membership 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. Common property is formed from earmarked contributions. The same law determines the property liability of the members of the partnership.
3. 1. Entry fees
The payment of entrance fees is a prerequisite for the admission of a citizen as a member of the partnership.
The obligation to pay entrance fees lies with all those joining the partnership, regardless of whether they enter anew on a general basis or in the place of other members of the partnership (in the case of acquiring a plot by way of purchase and 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(payment for premises for holding a 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.
3.2. Membership fee. Directions of their spending, amounts and terms of payment.
Membership fees (cash) are periodically paid by gardeners and are spent on needs arising from the economic activities 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 preservation of 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 to 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 fees on time is a duty of a member of the partnership provided for by Law No. 66-FZ (subparagraph 6 of clause 2 of article 19), failure to comply with which deprives him of the right to use the services of the partnership, and in case of systematic evasion from paying fees, it may become the basis for exclusion from members partnerships.
3.3. 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 management 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 partnership.
5.1. Competence of the general meeting of members of the SNT (meeting of authorized persons)
The competence of the supreme governing body of a horticultural non-profit partnership includes the most important issues of its life.
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 body 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 members of the partnership, it informs in writing the audit commission (auditor) of the partnership or its members or the local government requiring an extraordinary general meeting of members of the partnership (meeting of authorized persons) of the reasons for 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 of the income and expenditure estimates of the partnership 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 questions 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 in 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 execution of the income and expenditure estimates for the past year and a draft of this estimate for the coming 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 the 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, getting acquainted 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 amending the Charter of the partnership and additions to the Charter or on approving the Charter in a new edition, exclusion from the membership of the partnership, on its liquidation and / or reorganization, appointment of a liquidation commission and on approval of the interim and final liquidation balance sheets are taken by the general meeting of members of the partnership by a majority of two thirds of the votes.
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 body, 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) drafting 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 of 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 the members of the partnership in the gratuitous 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 Articles of Association 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 an individual household 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.).
In case of violation of the rights of "individuals", 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 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 quite 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 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 their established duties, must act in the interests of the partnership, exercise their rights and perform the established duties 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 wide rights to dispose of the tangible and intangible assets of the partnership, to fulfill 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 liability 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 the culpable infliction of harm, as a general rule, there is tort liability. 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 an employment contract (contract), as well as citizens performing work under a civil law contract (for example, under a work contract), if they acted or should have acted on the instructions of the relevant legal entity (in in this case, a 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 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) preventing officials from checking 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.
5.6. Control over financial economic activity SNT
Control over this type of activity of a horticultural non-profit partnership, including the activities of its chairman, members of the board, is carried out by an audit commission (auditor) elected from among the members of such a partnership by a general meeting of its members consisting of one or at least three people for a period of two years. The chairman and members of the board, as well as their spouses, parents, children, grandchildren, brothers and sisters (their spouses) cannot be elected to the audit commission (auditor).
The procedure for the work of the audit commission (auditor) and its powers are governed by the regulation on the audit commission (auditor) of the partnership, approved by the general meeting of its members.
The audit commission (auditor) is accountable to the general meeting of members of the partnership. Re-elections of the audit commission (auditor) may be held ahead of schedule and at the request of at least one quarter of the total number of members of the partnership.
Members of the audit commission (auditor) of the partnership are liable for improper performance of their duties stipulated by the Federal Law
No. 66-FZ "On horticultural, horticultural and dacha non-profit associations of citizens" and the Charter of the partnership.
The audit commission (auditor) is obliged to:
1) verify the implementation by the board of the partnership and the chairman of the board of decisions of general meetings of members of the partnership, the legality of civil law transactions made by the management bodies of the partnership, regulatory legal acts regulating the activities of the partnership, the state of its property;
2) carry out audits of the financial and economic activities of the partnership at least once a year, as well as on the initiative of members of the audit commission (auditor), by decision of the general meeting of members of such a partnership, or at the request of one-fifth of the total number of members of the partnership or one-third of the total number of members of its board ;
3) report on the results of the audit to the general meeting of members of the partnership with the presentation of recommendations on the elimination of identified violations;
4) report to the general meeting of members of the partnership on all identified violations in the activities of the management bodies of the partnership;
5) exercise control over the timely consideration by the board of the partnership and the chairman of the board of applications of members of the partnership.
According to the results of the audit, when creating a threat to the interests of the partnership and its members, or if abuses of the members of the board of the partnership and the chairman of the board are revealed, the audit commission (auditor), within its powers, has the right to convene an extraordinary general meeting of the members of the partnership.
At the same time, it is possible to exercise control over the financial and economic activities of the partnership by associations (unions). According to paragraph 12 of Art. 9 Law
66-FZ, a local, interdistrict or regional association (union) of horticultural, horticultural and dacha associations may be granted the right to inspect the economic and financial activities associations with the presentation of results to the boards and general meetings of members of the association.
Chapter V of Law No. 66-FZ, which regulates the activities of the governing bodies of horticultural non-profit partnerships, provides for a form of public control over compliance with the law (Article 26). We are talking about public control as a form of assistance in the implementation of state control over compliance with the law, primarily in the environmental sphere.
As stated in Law No. 66-FZ, a commission for monitoring compliance with the law, elected at a general meeting of members of the partnership, is created in order to prevent and eliminate pollution of surface and ground waters, soil and atmospheric air with household waste and sewage, to comply with sanitary and other rules maintenance of public lands, garden land plots and the territories adjacent to them, ensuring the implementation of fire safety rules during the operation of furnaces, electrical networks, electrical installations, fire extinguishing equipment, as well as for the protection of monuments and objects of nature, history, and culture.
At the same time, the commission provides advisory assistance to members of the partnership, ensures that gardeners comply with land, environmental, forestry, water legislation, urban planning legislation, sanitary and epidemiological welfare of the population, fire safety, draws up acts on violations of the law and submits such acts for taking action to the board for consideration partnership, which has the right to submit them to state bodies exercising control over compliance with the law.
State bodies exercising control over compliance with the law provide advisory and practical assistance to the members of this commission, without fail consider the submitted acts on violations of the law.
In a horticultural non-profit partnership, the number of members of which is less than thirty, the commission for monitoring compliance with the legislation may not be elected, its functions in this case are assigned to one or more members of the board of the partnership.
Members of the commission of the partnership for monitoring compliance with the law in in due course may be appointed as public inspectors of state bodies exercising control over the observance of the law, and endowed with appropriate powers.
5.7. Record keeping in SNT
Minutes of general meetings of members of the partnership (meetings of authorized persons) are signed by the chairman and secretary of the meeting; protocols are certified by the seal of the partnership, are stored in its affairs permanently.
The minutes of the meetings of the board and the audit commission (auditor) of the partnership, the partnership commission for monitoring compliance with the law are signed by the chairman of the board or the deputy chairman of the board or, respectively, the chairman of the audit commission (auditor) and the chairman of the partnership commission for monitoring compliance with the legislation; the protocols are certified by the seal of the partnership and are kept permanently in its files.
Copies of the minutes of the general meetings of the partnership, meetings of the board, the audit commission (auditor) of the partnership, the commission of the partnership for monitoring compliance with the law, certified extracts from the minutes are submitted for familiarization to the members of the partnership at their request, as well as to the local authorities on whose territory such a partnership is located, to public authorities of the relevant subject of the Russian Federation, judicial and law enforcement agencies, organizations in accordance with their requests in writing.
5.7.1. Organization of accounting and reporting in SNT
The board of the partnership in accordance with subparagraph 6 of paragraph 3 of Art. 22 of Law No. 66-FZ organizes accounting and reporting, preparation of an annual accounting report, and its submission for approval by the general meeting of members of such a partnership. At the same time, it must determine whether the partnership will independently maintain its accounting records or this accounting will be maintained by a specialized organization, such as an audit firm, under the contract.
Before dwelling on the features of accounting in SNT, it is necessary to pay attention to their legal status. In their legal form, in accordance with the law, SNTs are non-profit organizations, i.e. do not pursue as the main goal the extraction of profit and do not distribute the profit received among their members (Federal Law of January 12, 1996 N 7-FZ "On Non-Commercial Organizations"). But non-profit organizations can also conduct certain entrepreneurial (economic) activities, while extracting a certain profit. In this case, will apply different kinds accounting and other forms of financial reporting.
In general, when deciding on the accounting procedure, the partnership should be guided by the Federal Law of November 21, 1996 N 129-FZ "On Accounting", as well as the Regulations on Accounting and Reporting in the Russian Federation, approved by order of the Ministry of Finance of Russia of December 26 1994 N 170 (as amended and supplemented on December 19, 1995, November 28, 1996, February 3, 1997).
Some features of accounting and reporting for SNT are established by federal regulations. So, in pursuance of the Decree of the Government of the Russian Federation of June 27, 1996 N 758 "On state support gardeners, gardeners and owners of personal subsidiary plots ", the Ministry of Finance of Russia, in a letter dated October 27, 1996 N 92, announced that gardening partnerships are recommended to keep accounting in accordance with a simple form of accounting developed for small businesses. This form is a book (magazine) accounting for business transactions in the form N K-1, given in the Guidelines for accounting for small businesses, approved by order of the Ministry of Finance of Russia dated December 22, 1995 N 131.
6. Legislation on the procedure for organizing and building up the territory of SNT
The main requirements for the procedure for developing projects for the organization and development of the territory of a horticultural, gardening and dacha association of citizens are set out in the norms of the Land Code of the Russian Federation (Article 32) and the Town Planning Code of the Russian Federation (Article 62), as well as in the system of urban planning standards adopted in accordance with them and rules (SNiP 30-02-97 "Planning and development of territories of horticultural associations of citizens, buildings and structures").
These documents oblige gardeners to comply with the requirements of urban planning regulations, construction, environmental, sanitary, fire and other rules and regulations when using land.
Unauthorized constructions are real estate objects erected on a land plot not allocated for these purposes, or without obtaining the necessary permits or with significant violations of building codes and regulations.
However, the owner's right to an unauthorized construction may be recognized for such a person, provided that the given plot is provided to this person in accordance with the established procedure for the erected building.
6.1. Standards for the organization and development of the territory of SNT
Such standards, according to Art. 33 of Law No. 66-FZ, are established by the executive authorities of the constituent entities of the Russian Federation in accordance with urban planning legislation, taking into account their natural, socio-demographic, national and other characteristics.
The main standards for the organization and development of the territory of a horticultural non-profit partnership in accordance with urban planning legislation are:
Number and size of access and internal roads;
Minimum distances between buildings, structures, structures and boundaries of land plots;
Type of water supply sources;
Technical characteristics of the engineering support of the territory of the partnership;
List of necessary fire-fighting structures;
List of measures for environmental protection.
Depending on the specific conditions, other standards for the organization and development of the territory of a horticultural non-profit partnership may additionally be applied.
The following basic rules are currently in effect:
SNiP 30-02-97 (planning and development of territories of horticultural associations of citizens, buildings and structures);
SNiP 2.1.4.027-95 (sanitary rules and norms "Zones of sanitary protection of water supply sources and water pipelines for domestic and drinking purposes");
SP-11-106-97 (development, approval, approval and composition of planning documentation for the development of territories of horticultural associations).
The rules for the installation of electrical installations are defined by the governing document RD 34.21.122, as well as VSN 59 and NPB 106. When installing heat supply (boiler, stove, fireplace), the requirements of SNiP 2.04.05, gas supply - Safety Rules in the gas industry and SNiP 2.04.08.
Building norms and rules governing the planning and construction of horticultural non-profit partnerships determine the standards for the placement of land plots relative to each other, the standards for planning common-use lands (streets, driveways, parking lots, children's and sports grounds, places for collecting garbage, a room for storing fire extinguishing equipment and other buildings).
In accordance with paragraph 5 of SNiP 30-02-07 (Planning and development of territories of horticultural associations), on the territory of the association, the width of streets and driveways in the red lines should be:
for streets - not less than 9 m;
for driveways - at least 7 m.
The minimum turning radius is 6.5 m.
On driveways, passing platforms should be provided with a length of at least 15 m and a width of at least 7 m, including the width of the carriageway. The distance between passing platforms, as well as passing platforms and intersections should be no more than 200 m.
Dead-end passages are provided with turnaround areas of at least 12-12 m in size. The use of a turnaround area for parking is not allowed.
To ensure fire extinguishing on the territory of common use of a horticultural non-profit partnership, fire-fighting reservoirs or reservoirs with a capacity of at least 25 cubic meters must be provided. m, more than 300 plots - at least 60 cubic meters. m (each with a platform for the installation of fire equipment, with the possibility of water intake by pumps and the organization of an entrance for at least two fire trucks).
A horticultural association, including up to 300 plots, for fire-fighting purposes must have a portable motor pump, with a number of plots from 300 to 1000 - a trailed motor pump, more than 1000 plots - at least two trailed motor pumps.
Buildings and structures for common use must be separated from the boundaries of garden plots by at least 4 m.
6.2. Planning and development of garden plots in SNT
In accordance with SNiP 30-02-97, when planning and building garden plots, the area of an individual garden plot not less than 0.06 ha is accepted.
The fences of individual garden plots in order to minimize the shading of the territory of neighboring plots should be mesh or lattice.
It is allowed, by decision of the general meeting of members of the association, to install deaf fences from the side of streets and driveways.
On the garden plot it is allowed to build a garden house for seasonal, temporary or year-round use, outbuildings and structures, including buildings for keeping small livestock and poultry, greenhouses and other structures with insulated soil, a carport or garage.
The garden house must be at least 3 m from the red line of the streets. At the same time, between garden houses located on opposite sides of the passage, fire-prevention distances must be taken into account according to established standards.
The distance from outbuildings to the red line of streets and driveways must be at least 5 m.
The minimum distances to the borders of the neighboring garden plot according to sanitary conditions should be, m:
from garden house - 3;
from a building for keeping small livestock and poultry - 4;
from other buildings - 1;
from the trunks of tall trees - 4, medium-sized - 2, from shrubs - 1.
The minimum distances between buildings according to sanitary conditions should be, m:
from the garden house and cellar to the latrine - 12;
to shower, bath, sauna - 8;
from a cellar to a composting device and a building for small livestock and poultry - 7.
The specified distances must be observed both between buildings on the same site, and between buildings located on adjacent sites.
It is allowed to adjoin outbuildings to the garden house. At the same time, premises for small livestock and poultry must have an isolated external entrance, located no closer than 7 m from the entrance to the garden house.
It is possible to combine an outbuilding and a garden house, subject to sanitary and hygienic requirements.
Garages for cars can be free-standing, built-in to the garden house and outbuildings.
Garden houses are designed (built) with different space-planning structure: one-story, two-story, mansard, with an arbitrary difference in floor levels.
Under the garden house and outbuildings, a basement and a cellar are allowed. Under the premises for livestock and poultry, a cellar is not allowed.
The height of residential premises is taken from floor to ceiling at least 2.2 m. The height of utility rooms, including those located in the basement, should be taken at least 2 m, the height of the cellar - at least 1.6 m to the bottom of protruding structures (beams, girders ).
Stairs leading to the second floor (including the attic) can be located both inside and outside garden houses. The dimensions of these stairs, as well as the stairs leading to the basement and basement floors, are accepted depending on the specific conditions.
It is not allowed to organize the runoff of rainwater from the roofs to the neighboring site.
6.3. Engineering arrangement of the territory of SNT
The territory of the SNT must be equipped with a water supply system that meets the requirements of the relevant rules and regulations. Domestic and drinking water can be supplied both from a centralized water supply system and autonomously - from shaft and small-tube wells, springs in compliance with the current Regulations on the procedure for designing and operating the sanitary protection of water supply sources and water pipes for domestic and drinking purposes (SNiP 30-02-97 ).
The device for introducing water supply to garden houses is allowed if there is a local sewerage system or when connected to a centralized sewerage system.
Drinking water sources should be provided on the public territory of the SNT. A sanitary protection zone is organized around each source:
For artesian wells - with a radius of 30 to 50 m (set by hydrogeologists);
For springs and wells - in accordance with the current sanitary rules and regulations;
For irrigation of horticultural crops, as a rule, open reservoirs and specially equipped pits are used - water storage or provide for a seasonal water supply network.
SNT territories should be provided with fire-fighting water supply by connecting to external water supply networks or by installing fire-fighting reservoirs or reservoirs.
On external water supply networks, every 100 m, connecting heads should be installed for water intake by fire engines.
Water towers located on the territory of the SNT must be equipped with devices (connecting heads, etc.) for the intake of water by fire engines.
By agreement with the authorities of the State Fire Service, it is allowed to use natural sources for fire extinguishing, located at a distance of no more than 200 m from the territory of the SNT.
Water consumption for fire extinguishing should be taken as 5 l/s.
The collection, removal and disposal of sewage can be non-sewered, with the help of local treatment facilities, the placement and installation of which is carried out in compliance with the relevant standards and coordination in the prescribed manner. It is also possible to connect to centralized systems sewerage in compliance with the requirements of SNiP.
Collection and treatment of shower, bath, sauna and household wastewater should be carried out in a filter trench with gravel-sand backfill or in other treatment facilities.
It is allowed to discharge household wastewater into an external cuvette through a special ditch.
In heated garden houses, heating and hot water supply should be provided from autonomous systems, which include sources of heat supply (boiler, stove, etc.; when installing stoves and fireplaces, the requirements of SNiP 2.04.05 should be met), as well as heating appliances and water fittings.
Gas supply of garden houses can be carried out from gas-cylinder installations of liquefied gas, from tank installations with liquefied gas or from gas networks.
Cylinders with liquefied gas should be stored in an intermediate storage of gas cylinders located in the common area. Storage of cylinders in garden areas is not allowed.
Cylinders with a capacity of more than 12 liters for supplying gas to kitchen and other stoves should be located in an annex made of non-combustible material or in a metal box near a blank section of the outer wall no closer than 5 m from the entrance to the building. In the kitchen, it is allowed to install cylinders with combustible gas with a capacity of not more than 12 liters.
Power supply networks on the territory of SNT are provided, as a rule, by overhead lines. It is forbidden to conduct overhead lines directly above the garden plots, except for individual wiring.
7. Responsibility of gardeners, as well as officials for violations of legislation on the use of land
In accordance with Art. 47 of Law No. 66-FZ gardeners, as well as officials may be subject to an administrative penalty in the form of a warning or a fine for violation of land, forest, water, urban planning legislation, legislation on the sanitary and epidemiological welfare of the population, on fire safety, committed within the boundaries of the SNT, in the manner prescribed by the legislation on administrative offenses.
7.1. Administrative responsibility of gardeners for violation of land, town planning and water legislation within the boundaries of the territory of SNT
In accordance with the norms of the Code of Administrative Offenses of the Russian Federation (CAO PF 195 FZ), which came into force on July 1, 2002, gardeners may be fined for the following administrative offenses of land legislation committed within the borders of the SNT.
1. Unauthorized occupation of a land plot
Article 7.1 of the Code of Administrative Offenses
2. Destruction of boundary markers of land boundaries
Article 7.2.1 of the Code of Administrative Offenses
3. Unauthorized occupation of a land plot of the coastal strip of a water body, a zone of sanitary protection of sources of drinking and household water supply
Article 7.6 of the Code of Administrative Offenses
Gardener (individual) Administrative fine from 300 to 500 rubles
Official of SNT Administrative fine from 500 to 1000 rubles
For SNT (legal entity) Administrative fine from 5,000 to 10,000 rubles
4. Unauthorized occupation of a forest fund site or a forest site that is not included in the forest fund
Article 7.9 of the Code of Administrative Offenses
Gardener (individual) Administrative fine from 500 to 1000 rubles
Official of SNT Administrative fine from 1000 to 2000 rubles
For SNT (legal entity) Administrative fine from 10,000 to 20,000 rubles
5. Unauthorized assignment of the right to use land, a forest plot or a water body
Article 7.10 of the Code of Administrative Offenses
Gardener (individual) Administrative fine from 500 to 1000 rubles
Official of SNT Administrative fine from 1000 to 2000 rubles
For SNT (legal entity) Administrative fine from 10,000 to 20,000 rubles
6. Violation of fire safety rules in forests
Article 8.32 of the Code of Administrative Offenses
Gardener (individual) Administrative fine from 1500 to 2500 rubles
SNT official Administrative fine from 5,000 to 10,000 rubles
For SNT (legal entity) Administrative fine from 30,000 to 100,000 rubles
7. Violation of fire safety rules
Article 20.4 of the Code of Administrative Offenses
1. Violation of fire safety requirements, with the exception of cases provided for in Articles 8.32, 11.16 of the Code of Administrative Offenses
Gardener (individual) Administrative fine from 500 to 1000 rubles
Official of SNT Administrative fine from 1000 to 2000 rubles
For SNT (legal entity) Administrative fine from 10,000 to 20,000 rubles
and administrative suspension of activities for up to ninety days.
2. The same actions committed under the conditions of a special fire regime
Gardener (individual) Administrative fine from 1000 to 1500 rubles
SNT official Administrative fine from 2,000 to 3,000 rubles
For SNT (legal entity) Administrative fine from 20,000 to 30,000 rubles
3. Violation of fire safety requirements that caused a fire without causing grievous harm human health
SNT official Administrative fine from 3,000 to 4,000 rubles
For SNT (legal entity) Administrative fine from 30,000 to 40,000 rubles
6. Unauthorized blocking of passages to buildings and structures installed for fire trucks and equipment
Gardener (individual) Administrative fine from 300 to 500 rubles
Official of SNT Administrative fine from 500 to 1000 rubles
For SNT (legal entity) Administrative fine from 5,000 to 10,000 rubles
8. Violation of fire safety requirements on the provision of passages, driveways and entrances to buildings, structures and structures
Gardener (individual) Administrative fine from 1500 to 2000 rubles
SNT official Administrative fine from 7,000 to 10,000 rubles
For SNT (legal entity) Administrative fine from 120,000 to 150,000 rubles
8. Unauthorized constructions are real estate objects erected on a land plot not allocated for these purposes, or without obtaining the necessary permits or with significant violations of building codes and regulations.
Transactions aimed at selling, donating, leasing or otherwise disposing of unauthorized construction are invalid as illegal. Unauthorized construction is subject to demolition by the person who carried it out or at his expense.
9. Article 222 of the Civil Code regards such a structure as unauthorized, which means that sooner or later it will be demolished, and the “owner” will pay for it.
10. Land in connection with its misuse can also be seized from the owner by a court decision.
Basic standards for gardeners:
1. Land Code of the Russian Federation (Article 32)
2. Town Planning Code of the Russian Federation (Article 62)
3. Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre”;
4. Federal Law of July 22, 2008 No. 123-FZ “ Technical regulation on fire safety requirements”;
5. SNiP 2.07.01-89 “Urban planning. Planning and development of urban and rural settlements”;
6. SNiP 30-02-97 "Planning and development of territories of gardening (dacha) associations of citizens, buildings and structures".
7. SNiP 2.1.4.027-95 (sanitary rules and norms "Zones of sanitary protection of water supply sources and water pipelines for household and drinking purposes");
8. SP-11-106-97 (development, coordination, approval and composition of planning documentation for the development of territories of horticultural associations).
9. RD 34.21.122, VSN 59 and NPB 106 Rules for the installation of electrical installations
10. POT R M-016-2001 RD 153-34.0-03.150-00 Intersectoral rules on labor protection (safety rules) for the operation of electrical installations
11. SNiP 2.04.05 - for heat supply (boiler, stove, fireplace);
12. VNS 59-88 “Electrical equipment of residential and public buildings. Design standards”;
13. SNiP 2.04.08-87 "Gas supply";
Naturally, in such a number of documents there are a great many of all kinds of requirements and restrictions for dachas. The distances between buildings on the site and the distances from your house to the border of the neighboring site, to the street and the passage are regulated, and these distances also depend on the materials from which the houses are built. The number of floors is determined, various restrictions are stipulated, if nearby is a sanitary or environmental protection zone, a railway, an architectural monument.
In accordance with the upcoming law, innovations will cost the owners of plots near Moscow approximately 246 billion
snt today
A garden or dacha partnership is a few hundred people who, by chance, turned out to be the owners of neighboring plots of land. They do not know each other and see each other mainly at general meetings, which usually result in hubbub, hysteria and mutual insults.
Because of the hubbub, and also because of their own indifference, a maximum of a quarter of the members of the SNT go to meetings. It is impossible to force the rest, because there are no legal instruments for this. There are no levers.
The chairman and board of the SNT are elected by the meeting for two years. The most common types of chairman are:
Energetic brazen fool. He constantly squeals, promises to sue everyone and effectively ruins what still somehow worked;
retired military or former boss. He presses with authority, promises a lot and does nothing, because he knows how to do nothing;
Successful in life, business man. Goes to the chair, following the principle "if you can not stop the madness, you must lead it." He usually manages to get things done in the gardening partnership, using personal means and connections.
SNT problems:
- electricity
- trash
- roads
Electricity problem consists of two parts.
First part: summer residents do not have enough power. Turn on the kettle and the lights go out. To solve it, it is necessary to change the old transformer to a new one and put things in order with networks, poles and wires, that is, collect a lot of money from all members, which is extremely difficult, because there are no levers for this.
The second part: defaulters hanging on the shoulders of those who pay.
The ambush here is that the partnership pays for electricity collectively - according to a common meter. All members hand over money to the accountant on their individual counters, they are added, and in theory the same amount should be obtained as on the general counter. But she never succeeds. Because many simply do not pay for electricity. And there is no leverage to make them pay.
As a result, SNT's debts for electricity are paid off from contributions, that is, from the general money that is collected for garbage collection, snow removal and tax payment for public land.
The trash problem stems from an electrical problem. If the contributions go towards paying the debts for electricity, there is very little left for garbage collection. Therefore, the export is ordered only when there is nowhere to go. When the container is littered with garbage, and everything around is littered, and the owners of the nearest sites shout at the chairman: “I got this garbage dump! Rearrange immediately! And then we won’t pay dues!”
The most popular threat among SNT members is: I won't pay dues because the board isn't doing anything.
You can't force people to pay dues, there's no leverage.
Theoretically, it is possible to exclude such a comrade from SNT and conclude an agreement with him on the use of common roads, electricity networks, etc.
But he can agree on such an agreement until he's blue in the face: you think I have to pay SNT 5 thousand rubles, but I think a thousand.
To untie him, SNT will sue and will pay legal costs. But the lawsuit will end in nothing when the costs go off scale for a hundred thousand and it becomes clear that there is no end to them.
Road problem. There is no road for three kopecks. To make a normal road, you need a lot of money. Assembling them is as difficult as on a new transformer. Rent less than half of the comrades. Others say: why so expensive? It is impossible to force them, there are no levers. As a result, the amount collected is insufficient.
You can, that is, somewhere pour the old primer, trim somewhere. But you can't build a road that doesn't fail in the first spring for this amount.
Those who donated money, however, expect more. They see the pitiful efforts to level the primer and blame the chairman: he plundered our money, we won’t rent it anymore ...
The painful distrust of Russians to each other, the inability to organize themselves, the huge difference in financial situation, life experience and understanding how the world works - these are the reasons why any undertakings get stuck in SNT and almost nothing can be solved together.
But all this could be overcome if the CNT - in the person of the general meeting and the chairman - had leverage over its members.
And there are no levers. Because of this, SNT cannot improve themselves and suffer from inconvenience.
How to arrange a comfortable life in SNT
Two ways.
Or give leverage: legalize the right of the SNT board to turn off the light for non-payers, fine violators, withdraw contributions from their bank account, seize property, that is, carry out the same actions as law enforcement agencies responsible for tax collection and public order.
Or remove collective responsibility from SNT and let each member be responsible only for himself.
The first option would work great. If members of the partnership were still allowed to choose a sheriff, and the sheriff to have a gun, perfect order would reign in the SNT. But this is an unconstitutional way, unfortunately. Therefore, we do not consider it.
The second option remains. It is also effective, which is confirmed by the experience of some SNTs in the Moscow region.
Like everyone else, their electrical networks and transformers were owned by the partnership. They donated this common property to the balance sheet of the energy supply company.
The company entered into direct contracts for electricity with members of the SNT. And now they have the same system as in the city.
Each member receives a payment, accrued according to the testimony of his counter, which he himself handed over. And he pays for himself. And more - for no one. The company deals with non-payers: they come, they turn it off. This no longer concerns other members of the SNT, and such a disaster as before - when at the end of the year it was discovered that the partnership had a debt for electricity of 400 thousand rubles, God, where to get them? - doesn't happen anymore.
In the same way, some SNTs have set up garbage collection. Members of the partnership switched to direct contracts with companies that deal with this.
If the family is large and there is a lot of garbage, an agreement is made so that it is taken away, say, three times a week. The schedule is known, the bags are placed in advance near the gate to the street, the car arrives and takes away. And if there is not enough garbage, you can save it on the site and take it out once a week, then the contract will be cheaper.
All in fairness. Everyone pays for himself. Everyone is responsible for their own garbage. And no general dumps, dirt, stench and abuse.
The direction in which SNT needs to move in order to establish a reasonable and comfortable life in itself is clearly visible.
It is necessary to switch to individual calculations for everything that is possible, and to reduce the zone of collective responsibility.
But the authorities near Moscow are planning just the opposite.
On the contrary, they intend to increase collective responsibility, for which SNT has neither levers, nor tools, nor opportunities.
How to bury SNT
The Moscow Regional Duma has developed a Summer Resident's Charter - a set of rules that must be observed in gardening and dacha associations.
The Charter is very beautifully painted, how and what should be.
“The entrance to the territory of SNT (DNT) is equipped with a gate or a barrier with an electromechanical drive or manually opened, as well as outdoor lighting. The minimum illumination in the horizontal plane at the entrance gate must be at least 1 lux. The height of outdoor lighting fixtures should be at least 2.5 meters.
“Internal driveways of SNT (DNT) must be kept clean and have a hard surface (reinforced concrete, concrete, asphalt concrete or crushed stone), and also be illuminated at night with outdoor lighting.”
“At the main entrance to the territory of the SNT (DNT) should be installed: an information sign with the name of the horticultural (dacha) association; information stand, with the obligatory placement of a schematic plan of SNT (DNT).
“The territory of SNT (DNT) should be fenced around the perimeter. Deviation of the fence from the vertical is not allowed. It is forbidden to continue to use the dilapidated and emergency fencing, as well as individual elements of the fencing without carrying out emergency repairs. Elements of wood fencing should not have burrs, flakes, chips with sharp ends or edges on the surface, as well as the presence of rough surfaces that can cause injury. The presence of rotting of the base of wooden supports is not allowed.
“At the entrance to the territory of SNT (DNT), sites for the installation of garbage collectors are placed. The site must have a fence on three sides with a height of at least 1.5 meters, an asphalt or concrete pavement with a slope towards the carriageway, an access road with a hard surface. A garbage collection schedule should be posted at the container site, indicating the name and contact numbers of the organization carrying out the removal. SNT (DNT) is obliged to ensure regular garbage collection in accordance with the agreements concluded with organizations that carry out garbage collection and disposal in accordance with the approved average annual waste accumulation rates.
These are just a few paragraphs of the Charter. And not even completely. But it is already clear that they are all very beautiful and useful. However, very costly.
Funds for their implementation, according to the plan of the Moscow Region authorities, should be given by members of the SNT. The very members who don't pay contributions of 3,000 rubles and "they don't need a road," but let the neighbors pay for the light they've lit.
Moreover, in the Charter of the summer resident there are points that cannot always be fulfilled even with the means.
For example: “The distance from a residential building (or house) and a cellar to a latrine should be at least 12 meters, and from a well or other water device to a latrine and a composting device, at least 8 meters.”
Try to organize such "distances" on six acres, part of which is also occupied by a house, garden, garden, gazebo.
The drafters of the Charter did not seem to think that there could be such small areas in the SNT.
Formulating their "requirements", they represented the prestigious cottage settlements in which they themselves live: large plots, expensive houses, rich owners... Therefore, they did not get a Summer Resident's Charter, but something impossible and essentially mocking.
Nevertheless, in April the Charter was already approved by some murky forum of dacha owners in power. After the May holidays, the text will be sent to all SNTs of the Moscow region, so that summer residents will read and put forward proposals.
“The Charter is a document that we will polish for a year or two in order to adopt the law of the Moscow Region on summer residents and gardeners. This will be the first regional law that will regulate the activities and lives of our summer residents and gardeners,” explained the initiators of the law.
If the Charter really becomes a law, garden and dacha partnerships will come to an end. This is perfectly clear.
They will not be able to fulfill the requirements prescribed in it. Admtekhnadzor will come and impose fines. Judging by the information on the Internet, they will be predatory - up to 500 thousand rubles. In addition, the chairmen will be fined separately - 50,000 for each “jamb”.
Individual fines for summer residents are also provided. Along the fence from the side of the street, the grass was not mowed - 2 thousand. Rubbish was burned in his area - 5 thousand.
But if individual fines can still be paid, then no one will definitely pull the collective fines.
This means that, on account of the debt, the bailiffs will take away the property of the SNT - public land, and the SNT themselves, obviously, will go bankrupt and appoint management companies with such tariffs that summer residents will generally stop going to summer cottages.
In short, now is bad, but it will be even worse.
And all the Moscow region authorities came up with this.
In the Charter of the summer resident, they painted what and how should be in the SNT. But summer residents themselves know this very well. Everyone wants the SNT to be clean, beautiful, comfortable, light, warm and quiet. The authorities do not need to paint all this, but to figure out why this does not work out. And figure out how to make it work.
The price of new requirements for SNT
There are approximately 11,000 SNTs and 3 million summer residents in the Moscow Region.
On average, there are about 300 sites in the SNT, although there are small ones - 30 sites each, and giant ones - where there are more than 1000 of them.
To imagine how much it will cost to comply with the requirements of the Charter of Summer Residents, we made a rough estimate for an SNT with 360 plots. The chairman of this SNT, who served two terms, helped us, but when he saw the Charter of a summer resident the other day, he gasped and hurried to leave his post.
Requirement 1. All internal driveways in SNT must be paved.
The most economical option for a hard surface is asphalt crumb. A square meter of the road costs 550 rubles. First comes a grader, then a skating rink, then 25 cm - crushed stone dumping, again a skating rink, 8-10 cm of asphalt crumb, again a skating rink, a layer of bitumen.
For example, we take the central street SNT 4 m wide, 900 m long. To make such a coating on it, you need 2 million rubles.
If you also do all the passages - 12 million.
Together with a hard surface, it is imperative to do a “storm drain” - ditches along the roadsides to divert water, otherwise, after each rain, the sections will sink. The cost of storm water will cost the cost of the road itself, i.e. another 12 million
Requirement 2. Fencing around the perimeter of the entire SNT.
The perimeter of the SNT with 360 sites is approximately 4 km. A running meter of planed boards now costs at least 500 rubles. This means that 4 million are needed for the material. Plus, another 2 million for the poles. It already turns out 6 million and plus the same amount for the work. Only 12 million
Requirement 3. Barrier with electromechanical control - in the region of 100 thousand km.
Requirement 4. Garbage dump on a concreted area, fenced on three sides - 150-200 thousand.
Requirement 5. Information boards at the entrance and at the garbage heap - 30-50 thousand.
Total: SNT with 360 plots has to spend approximately 30 million rubles to meet the requirements set out in the Summer Resident's Charter, which will become law in a year and a half to two years.
This means that approximately 82,000 rubles should be collected from each site.
We multiply by 3 million summer residents and we see that the arrangement of all SNTs in the Moscow Region in accordance with the requirements of the new law will cost the owners of plots about 246 billion rubles.
An astronomical, absolutely unreal amount that people do not have and cannot have.
For reference: the entire revenue part of the budget of the Moscow Region for 2016 is 371 billion rubles. 117 billion will be spent on education, 72 billion on health care, 59 billion on social security, 52 billion on roads, and only 4 billion on culture.
GOVERNMENT OF THE MOSCOW REGION
RESOLUTION
dated 2015 No.
ON THE APPROVAL OF THE RULES "REGIONAL
STANDARD FOR THE MAINTENANCE AND IMPROVEMENT OF THE TERRITORY OF GARDENING, GARDENING, COUNTRY NON-PROFIT ASSOCIATIONS OF THE MOSCOW REGION"
In order to generalize and systematize the norms governing the activities of horticultural, horticultural or dacha non-profit associations of the Moscow Region, the Government of the Moscow Region decides:
1. Approve the attached Rules "Regional standard for the maintenance and improvement of the territories of horticultural, horticultural, dacha non-profit associations in the Moscow region."
2. The Main Directorate for Information Policy of the Moscow Region shall ensure the official publication of this resolution in the newspaper "Ezhednevnye Novosti. Podmoskovye".
3. To impose control over the implementation of this resolution on the Deputy Chairman of the Government of the Moscow Region Pestov D.V.
Governor of the Moscow Region
A. Yu. Vorobyov
Approved
Government Decree
Moscow region
from g. No.
Rules "Regional standard for the maintenance and improvement of horticultural, horticultural, dacha territories
non-profit associations of the Moscow region"
General provisions
1.1. These Rules "Regional standard for the maintenance and improvement of horticultural, horticultural,
dacha non-profit associations on the territory of the Moscow region "(hereinafter referred to as the Regional Standard) was developed in
compliance with the current legislation of the Russian Federation and legal acts of the Moscow Region in order to
generalization and systematization of the norms governing the activities of horticultural, horticultural or country non-profit
associations.
1.2. This Regional Standard establishes the basic requirements and parameters necessary to create high-quality, safe and comfortable conditions for citizens to conduct gardening, horticulture and dacha farming in the Moscow Region.
1.3. The action of the Regional Standard applies to garden, vegetable garden and summer cottage land plots, land plots for the placement of common property of the association, adjacent territories of horticultural, gardening or summer cottages. non-profit association designed to meet the needs of members of such a non-profit association in the passage, travel, organization of recreation and other needs on which improvement activities are carried out.
1.4. A horticultural, horticultural or dacha non-profit association must have issued in
in accordance with the requirements of the legislation of the Russian Federation and the legal acts of the Moscow Region, the constituent
and other documents of title (including documents on state cadastral registration and
state registration of rights (encumbrances) to lands (land plots) of common use, and to buildings, structures,
gardening or dacha non-profit associations, as well as technical descriptions (passports) for buildings, structures,
structures and objects of construction in progress located within the boundaries of common lands of horticultural,
horticultural or dacha non-profit associations) and documents supporting economic activity
associations.
1.5. Members of a horticultural, horticultural or dacha non-profit association, as well as persons engaged in horticulture, horticulture or dacha economy on an individual basis, on the territory of a horticultural, horticultural or dacha non-profit association, they must have issued in accordance with the requirements of the legislation of the Russian
Federation and legal acts of the Moscow Region, title documents (including documents on state cadastral registration and state registration of rights (encumbrances) to a swap of land plots and to buildings, structures, structures and objects of construction in progress located within the boundaries of their plots, as well as technical descriptions (passports) for buildings, structures, structures and objects of construction in progress located within the boundaries of their sites).
\
1.6. Association documents relating to the economic activities of the association, including accounting
(financial) and tax reporting, as well as contracts for garbage collection with contract waste disposal organizations and
individuals who have contractual relations with organizations engaged in the export, disposal and
disposal of waste in accordance with the approved average annual norms for the accumulation of waste
less than 5 years after the end of the relevant financial year. The place of storage of association documents is determined
decision of the general meeting of the members of the association.
2.Requirements for landscaping objects
The mandatory list of landscaping elements on the territory of a horticultural, horticultural and dacha association (hereinafter referred to as SNT (DNT). association) should include: solid types of coating of internal driveways, information stands, fences (fences), containers and / or storage bins on specially equipped container sites, outdoor lighting.
The territory of SNT (DNT) must be kept clean. The boundaries of the territory cleaning are determined by the borders of the CIS (DNT) on the basis of documents confirming the right of ownership or other real right to the land plot, and the territory adjacent to the borders of the SNT (DNT) at a distance of 5 meters from the fence (fences), unless a greater distance is established by legal acts in the field of landscaping.
2.1. Entrances. Internal driveways. Parking lots.
2.1.1. The entrance to the territory of SNT (DNT) is equipped with a gate or a barrier with an electromechanical drive or manually opened, as well as outdoor lighting.
2.1.2. The minimum illumination in the horizontal plane at the entrance gate and the territory of the guest parking lot must be at least 1 lux. The height of outdoor lighting fixtures should be at least 2.5 meters
2.1.3. The gate or barrier at the entrance to the territory of the SNT (DNT) must provide free passage Vehicle emergency and supervisory services (including police, ambulance, fire brigade, state administrative technical supervision, gas services, power grid, water utility, heating network)
2.1.4. Internal driveways of SNT (DNT) must be kept clean and have a hard surface (reinforced concrete, concrete, asphalt concrete or gravel), and also be illuminated at night with outdoor lighting
2.1.5. At the entrance to the territory of SNT (DNT) a parking area can be equipped
2.1.6. It is not allowed to design the placement of parking lots in the area of public passenger transport stops.
2.1.7. The organization of arrivals at parking lots is provided no closer than 15 m from the end or the beginning of the public transport landing site.
2.1.8. Pairing the site cover with green spaces is carried out on the same level with the laying of the side stone.
2.2. Means of placement of information.
2.2.1. At the main entrance to the territory of the SNT (DNT) should be installed:
- an information sign with the name of the horticultural (dacha) association (Appendix I).
- information stand, with obligatory placement:
- a schematic plan of the SNT (DNT) indicating the locations of the fire fighting equipment and the reservoir (s) (hydrants);
- evacuation routes in case of fire, natural disasters, etc.;
- last name, first name, patronymic and telephone number of the person responsible for fire safety;
- emergency telephones;
- surname, name, patronymic and telephone number of the Chairman of the Board of SNT (DNT) (Appendix 2);
- website email address and Email Union of Summer Residents of the Moscow Region
2.3. Fencing.
2.3 1 The territory of SNT (DNT) must be fenced around the perimeter.
2.3.2. Deviation of the fence from the vertical is not allowed.
2.3.3. It is forbidden to continue to use the dilapidated and emergency fencing, as well as individual elements of the fencing without
urgent repairs, if the total area of destruction exceeds twenty percent of the total area of the element, or
deviation of the fence from the vertical may cause it to fall.
2.3.4 The elements of the fence made of wood should not have burrs, flakes, chips with sharp ends on the surface
or edges, as well as the presence of rough surfaces that can cause injury. Base rot is not allowed
wooden supports.
2.3.5. The presence of protruding parts of the foundation of the fence (reinforcement, fasteners, etc.) is not allowed.
2.3 6 The protruding ends of bolted connections, the edges of the metal mesh, as well as welds must be protected in a way that excludes injury.
2.3.7. Fencing SNT (DNT) must be kept clean. Washing is carried out as it becomes dirty, repair, painting of the fence and its elements is carried out as necessary, but at least once every three years.
The height of the fences should not exceed two meters. If there are special requirements related to the features of operation and (or) the safety of the object, the height can be increased.
2.4. Lighting.
2.4.1. Lighting of SNT (DNT) and the adjacent territory is carried out in accordance with the regulatory legal acts of the Moscow Region, which establish requirements for the organization of outdoor lighting.
2.4.2. The height of outdoor lighting fixtures should be at least 2.5 meters.
2.4.3. When building new and replacing (repairing) worn-out overhead lighting lines, they are subject to equipment with self-supporting insulated wires (SIP) - for overhead power lines for voltages up to 0.6 / 1 kV inclusive.
2.4.4. All outdoor lighting systems must be maintained in good working order. Poles of outdoor networks
lighting should not have a deviation from the vertical of more than 5 degrees.
2.4.5 Damaged network elements that affect their operation or electrical safety must be repaired immediately.
not affecting - within 10 days from the date of damage.
2 4.6. The number of non-working lamps should not exceed 10 percent of their total number, while the arrangement of non-working lamps in a row, one after the other, is not allowed.
2.5. Garbage bin sites (container sites)
2.5.1. At the entrance to the territory of SNT (DNT), sites for the installation of garbage collectors (container sites) are placed. at the same time, the territory of the site should adjoin the driveways, but not interfere with the passage of vehicles.
2.5.2. With a separate location of the site (away from the driveways), the possibility of convenient transport access for cleaning containers and the availability of turnaround areas (12x12 m) are provided.
2.5.3. The container site must have a fence on three sides with a height of at least 1.5 meters, an asphalt or concrete pavement with a slope towards the carriageway, and a hard-surfaced access road. It is allowed to manufacture container platforms of a closed type according to individual projects(sketches) developed and agreed upon in the prescribed manner.
2 5.4. A garbage collection schedule should be posted on the container site, indicating the name and contact numbers of the organization carrying out the removal
2.5.5. SNT (DNT) is obliged to install containers and / or storage bins at container sites and provide
regular garbage collection in accordance with concluded agreements with organizations that carry out garbage collection and disposal in
in accordance with the approved average annual waste accumulation standards.
2.6. Maintenance of households, outbuildings and adjacent territory
2.6.1. Owners of households in the SNT (DNT) are obliged to timely repair the household, as well as repair and paint the facades of the households, their individual elements (balconies, drainpipes, etc.), outbuildings, and keep them in good condition and clean.
2 6 2. House signs and information boards located on the facades of households are maintained in good condition and clean.
2.6.3. Temporary storage of household waste and garbage on the territory of households is allowed in specially equipped places.
2.6 4 Long-term (more than 7 days) storage of fuel, fertilizers, construction and other materials, machinery, mechanisms, vehicles, including dismantled ones, in the common area adjacent to the front part of the household is not allowed.
2.6 5 Owners of households in SNT (DNT) are obliged to carry out regular cleaning of debris and mowing of grass in the territory adjacent to the household, timely removal of snow from approaches and entrances to the house.
2.6.6. It is not allowed to repair or wash cars, change oil or technical fluids in the common area adjacent to the household.
2.6.7. It is forbidden to burn, as well as to bury garbage on the territory of garden, garden and summer cottages, land plots for the placement of common property SNT (DNT) and territories adjacent to the borders of SNT (DNT)
2.6.8. Livestock and poultry should be kept in special premises (sheds, flocks, barns, etc.),
equipped for maintenance within the household, land.
The decision to limit the number of domestic animals, livestock and poultry, as well as bees kept within the household, land plot may be determined by the general meeting of the members of the association.
2.6.9. The distance from the residential building (or house) and the cellar to the latrine should be at least 12 meters, and from the well or other water device to the latrine and composting device, at least 8 meters.
The indicated distances must be observed both between buildings on the same site, and between buildings. located in adjacent areas.
2.7. Children's and sports and recreation areas
2.7.1. On the territories of SNT (DNT), children's playgrounds and sports and recreation areas can be installed.
2.7.2. Information stands (tablets) are installed on the sites containing the rules and age requirements for using the equipment, telephone numbers for the rescue service, ambulance, operation services to report equipment malfunctions and breakdowns, information about the prohibition of walking pets on the site.
2 7.3. Movable and fixed elements of the equipment should not form squeezing or cutting surfaces, as well as create the possibility of getting stuck in the body, body parts or clothing.
2.7.4. Soft types of coating (sand, compacted sand on a soil base or gravel, soft rubber or soft synthetic) are provided on the playground at the location of gaming equipment and other places associated with the possibility of children falling.
2.7.5 Garden side stones with beveled or rounded edges are used to interface the surfaces of the site and the lawn.
2.7.6. On playgrounds, the use of plants with poisonous fruits is not allowed.
2.7.7. Branches or foliage of trees should be at least 2.5 m above the surface and site equipment. Bush. used for fencing areas, must exclude the possibility of injury in the event of a fall on it during the game. The grass on the site must be mowed, its height should not exceed 20 centimeters.
2.7.8. The design of the equipment must provide strength, stability and rigidity. The quality of nodal connections and the stability of structures must be reliable (when the structure sways).
2.7.9. The protruding ends of bolted connections must be protected in a manner that prevents injury. Welds should be smooth.
2.7.10. Elements of equipment made of wood should not have processing defects (burrs, flakes, chips, etc.) on the surface. The presence of rotting of the base of wooden supports and racks is not allowed.
2.7.11. Protruding parts of the equipment with sharp ends or edges, as well as the presence of rough surfaces that can cause injury, are not allowed. The corners and edges of any part of the equipment accessible to children must be rounded.
2.7.12. The presence of protruding parts of foundations, reinforcement and fastening elements is not allowed.
2.7.13. Sand in the sandbox should not contain foreign objects, debris, animal excrement, large
the number of insects.
2.7.14. The territory of the site must be cleared of debris and foreign objects. The site and surrounding area must be free of debris or objects that could trip over and/or cause injury.
2.7.15. Paths, fences and gates, benches, rubbish bins must be painted and in good condition. Garbage from the bins is removed as needed.
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 partnerships on their plots can plant trees, plant vegetable 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 IZHS (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 sizes of plots were strictly regulated (these are familiar to many 6 acres), and the area of buildings 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 a development project, organization project, transfer of land to SNT ownership, 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;
The rights of members of the horticultural organization and their obligations;
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 pipeline 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 for common utilities, for example, lighting on the territory of the partnership (this does not take into account whether there is lighting on the member's site), 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;
There are good access roads to the garden plot;
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.
The purpose of this publication is to eliminate the legal illiteracy of chairmen, members of the boards of gardening associations, as well as ordinary gardeners who want to understand the rules for the functioning of SNT as a legal entity.
Ask any Russian what words he would describe the average official. In the first places will certainly be: self-serving, heartless, cunning ...
And how to reforge this official - that's the question of questions.
Theorists-deputies would certainly try to solve the problem by drawing up some code of an official, where they would write down the points:
“to be a good comrade, to respond cordially to the requests of the working people, to have a broad soul and an incorruptible heart”!
Practitioners from the people are sure that blocking the federal highway is the only sure method that can encourage an official to dialogue. But recently, quite by accident, I found a third way, which in just half an hour turned a formidable and indisputable official into a kind tearful lady, ready for any compromise ...
It was at a meeting of the chairmen of horticultural associations with the leadership of a district remote from Rublyovka. When a stern woman, the head of the regional tax inspectorate, rose to the podium, the chairmen, among whom there are practically no quiet nerds and muslin young ladies, somehow noticeably wilted.
The tax aunt without a preamble slammed her fist on the podium: “What are you ... such-and-such, you don’t love your homeland, you don’t respect the state! Where is the information about taxpayers that I ordered to collect two months ago? Are you sheltering? I will not let it! What about land tax? Why only 60% paid? Do you know what it will be for you?" The bravest of the audience bleated timidly: “Well, we can’t find people, many gardeners are already old, they can’t get to the dacha, how can I demand tax from them?” The lady already jumped on the podium: “If you can’t find it, pay for it yourself from the general cash desk! Otherwise... you know me!”
Then the fire chief spoke. He demanded to ensure compliance and prevention through the purchase of fire hydrants from a certain company, which must be purchased immediately, and only then a water pipe should be built. The chief policeman strictly suggested that summer residents who did not install an alarm in their garden house and did not conclude a special security agreement (only a couple of thousand a month!), Not only were they unworthy of further assistance from law enforcement agencies, but they were the real offenders: by poor supervision of their property, they provoke an unstable petty-criminal element into theft and thereby spoil the district statistics. Even a quiet girl in glasses, who introduced herself as a sanitary service, after a short story about the dangers of rabies, firmly recommended that all rabid foxes around garden associations be caught and disposed of in order to prevent biting and further disease. Otherwise, she promised those responsible for not capturing to bring to sanitary responsibility.
Finally, it was my turn. I hasten to get ahead of evil tongues: I do not pretend to be the smartest in the hall! I just go to such events with a specially trained lawyer. He keeps quiet and, smiling nastily, puts a tick in his notebook right in front of the numbers of violated laws and regulations ... So I enter the battle already armed, like a special forces soldier!
- So, dear lady from the tax, it looks like you swung at the Constitution and the Civil Code! With what such a fright did they decide that the chairmen of garden associations should perform the functions of a tax service? Discover and collect! Will you also punish them for the poor performance of your work? ..
The tax boss obviously did not expect such a breath, she nervously blinked her eyes and began in a trembling voice to carry something about her understaffed staff, the lack of transport and the unbreakable friendship and mutual assistance between the tax authorities and taxpayers ... While she, shedding a tear, asked to enter into a position and not to ruin the district budget, the fire and police officials, realizing that today is not their day, quietly, sideways faded away from the chairmen who began to grow bold and argue before our eyes.
The sanitary girl huddled in a corner and made such an unhappy face that one gentleman chairman, taking pity on her, loudly promised to personally strangle all the rabid foxes in the area. If only the epizootic situation did not get out of control!
I think that situations like this happen all over the place.
Yours Andrey Tumanov, Chairman of the Board of the Moscow Union of Gardeners,
editor-in-chief of the newspaper "Your 6 acres".
The purpose of the publication "SNT in Schemes and Definitions" is to somehow eliminate the legal illiteracy of the chairmen of gardening associations, to arm them legislative framework. This will allow them, together with gardeners, to resist bureaucratic arbitrariness.
Legal persons.
Legal regulation of the activities of associations. State registries.
"No one shall be compelled to join or remain in any association."
Constitution of the Russian Federation, paragraph 2 of Art. thirty
If the horticultural non-profit association of citizens is put at the forefront, then several groups of legal relations can be distinguished:
Currently, the activities of horticultural, dacha and gardening non-profit associations of citizens are regulated by the following regulations:
1. The Constitution of the Russian Federation.
2. Civil Code of the Russian Federation, part one of November 30, 1994 No. 51-FZ; part two dated January 26, 1996 No. 14-FZ; part three of November 26, 2001 No. 146FZ; part four of December 18, 2006 No. 230 FZ.
4. Tax Code of the Russian Federation, part one dated July 31, 1998 No. 146-FZ and part two dated August 5, 2000 No. 117-FZ.
5. Code of the Russian Federation on Administrative Offenses of December 30, 2001 No. 195-FZ.
7. Federal Law of April 15, 1998 No. 66-FZ “On horticultural, horticultural and dacha non-profit associations of citizens” (hereinafter referred to as the law on gardeners).
8. Federal Law of August 8, 2001 No. 129-FZ “On State Registration of Legal Entities and individual entrepreneurs».
9. Federal Law of July 21, 1997 No. 122-FZ “On State Registration of Rights to Real Estate and Transactions Therewith”.
11. Federal Law of October 25, 2001 No. 137-FZ “On Enactment of the Land Code of the Russian Federation”.
15. Federal Law of July 22, 2008 No. 123-FZ "Technical Regulations on Fire Safety Requirements".
Obviously, it is impossible to list all the regulatory legal acts that are applied in the practical activities of the chairman of a non-profit association of citizens. In addition to the indicated federal normative legal acts, the activities of associations may be regulated by the legislation of the subject and local governments.
Note!
Changes are constantly made to regulatory legal acts, therefore it is necessary to use the current version of the document, which can be found on the Internet on the websites of legal reference systems and on the website of the government of the Russian Federation. For example, in the certificate to the tax code of the Russian Federation it is indicated that changes were made to its text on March 7, April 21, June 3, 4, 7, 21, 27, July 1, 11, 18, 19, 20, July 21, 2011.
Horticultural and other non-profit associations of citizens are non-profit organizations, their real estate and property of members are located most often on land plots belonging to the category of agricultural land.
Currently, two laws are in force in the Russian Federation: Federal Law No. 101-FZ of July 24, 2002 “On the Turnover of Agricultural Land” and Federal Law No. 7-FZ of January 12, 1996 “On Non-Commercial Organizations”. The first article of each of which states that their actions do not apply to horticultural and other non-profit associations of citizens.
Entity.
A legal entity is an organization that has separate property in ownership, economic management or operational management and is liable for its obligations with this property, can acquire and exercise property and personal non-property rights on its own behalf, bear obligations, be a plaintiff and defendant in court.
Legal entities must have an independent balance sheet and (or) estimate.
The creation of a legal entity is carried out in the manner prescribed by the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", which regulates relations arising in connection with the state registration of legal entities during their creation, reorganization and liquidation, when making changes to their constituent documents, as well as in connection with the maintenance of state registers of the unified state register of legal entities and the unified state register of individual entrepreneurs.
The creation of a horticultural (dacha or garden) non-profit association is carried out in accordance with the specified law, despite the fact that there is a separate Law "On Non-Profit Organizations", in Art. 1 which states that its provisions do not apply to the activities of horticultural associations.
Note!
1. Registration of horticultural associations of citizens is carried out in accordance with the general procedure.
2. Provision of land acquisition documents for registration is not required.
In accordance with the regulation on the Federal Tax Service (approved by Decree of the Government of the Russian Federation of September 30, 2004 No. 506), the service is authorized federal body executive power, carrying out state registration of legal entities.
In accordance with Art. 16 of the Law on Horticulturalists, a horticultural, horticultural or dacha non-profit association is created on the basis of a decision of citizens as a result of the establishment or reorganization of a horticultural, horticultural or dacha non-profit association.
In the event of a legal entity being created, the registration authority, along with the necessary founding documents form No. p11001 is submitted, in case of reorganization of an already existing association - form No. p12001.
These forms were approved by Decree of the Government of the Russian Federation dated June 19, 2002 No. 439 “On Approval of Forms and Documentation Requirements Used for State Registration of Legal Entities, as well as Individuals as Individual Entrepreneurs”.
Note!
The signature of the applicant on one copy of these forms is subject to notarization.
St "Homashka" ? St "Hoarfrost" is a renaming
St "Chamomile" ? SNT "Romashka" is a reorganization
In accordance with Art. 57 of the Civil Code of the Russian Federation, the reorganization of a legal entity (merger, accession, division, separation, transformation) can be carried out by decision of its founders (participants) or a body of a legal entity authorized to do so by constituent documents. For horticultural associations of citizens, such a body is the general meeting of its members or the meeting of authorized representatives.
The procedure for the reorganization of a legal entity is inextricably linked with the transfer of rights and obligations to the legal entity (s) that arises as a result (arise).
When legal entities merge, the rights and obligations of each of them are transferred to the newly emerged legal entity in accordance with the deed of transfer.
When a legal entity joins another legal entity, the rights and obligations of the affiliated legal entity are transferred to the latter in accordance with the deed of transfer.
When a legal entity is divided, its rights and obligations are transferred to newly emerged legal entities in accordance with the separation balance sheet.
When one or more legal entities are separated from a legal entity, the rights and obligations of the reorganized legal entity are transferred to each of them in accordance with the separating balance sheet.
When a legal entity of one type is transformed into a legal entity of another type (change of organizational and legal form), the rights and obligations of the reorganized legal entity are transferred to the newly established legal entity in accordance with the deed of transfer.
Schematically, this can be represented as follows:
Consider two situations:
1. In accordance with Art. 53 of the law on gardeners "charters of horticultural, gardening and dacha partnerships and horticultural, gardening and dacha cooperatives established before the entry into force of this federal law are to be brought into line with the norms of the Federal Law within five years from the date of its official publication. the text of the Federal Law is published in " Russian newspaper"of April 23, 1998 No. 79, in the Collection of Legislation of the Russian Federation of April 20, 1998 No. 16 Art. 1801".
Horticultural, horticultural and dacha partnerships and horticultural, horticultural and dacha cooperatives are exempted from paying the registration fee upon state registration of changes to their legal status in connection with their reorganization and bringing the charters in line with the norms of the said Federal Law.
However, in the vast majority of cases, the general meeting of members of the horticultural partnership decided to change the charter, less often - to rename, which,
As follows from the above material, contrary to Art. 57 of the Civil Code and Art. 53 law on gardeners.
Following the instructions of the employees of the registration authority, the members of the board acting at the time of this procedure were included as founders of the horticultural non-profit partnership. In addition, an application for state registration of the creation of a legal entity was submitted for registration of SNT.
That is, a horticultural non-profit partnership was created, and the legal fate of the horticultural partnership, as well as its property, is unknown. SNT did not become the assignee of ST.
ST "ROMASHKA" -?-> SNT "ROMASHKA"
2. In each SNT (for example, in SNT "Birch") sooner or later there is a group of people who do not agree with the policy of the current board of the association, who decide to create their own SNT.
As mentioned above, citizens have the right to decide on the creation of a non-profit organization. Thus, three gardeners find the text of the charter on the Internet, print it out, prepare the minutes of the constituent assembly, fill out the form on the creation of a legal entity, pay the state fee and submit all documents
to the authorized body for registration. after the period established by law, the Federal Tax Service issues documents to applicants on the registration of a new legal entity - SNT "Beryozka Novoe".
Question 1. How should the Board of SNT "Beryozka" build relations with the founders of SNT "Beryozka Novoe"?
Question 2. What does SNT Beryozka Novoe have to do with the property of SNT Beryozka?
Question 3. What is the mistake of the founders of SNT "Birch Novoe"?
The procedure for the reorganization and liquidation of associations is regulated in detail by the law on gardeners and the Civil Code of the Russian Federation
The decision on the reorganization of the association is made by the supreme governing body - the general meeting of the members of the association.
The decision to liquidate an association may be taken by the highest governing body or a court.
Question 4. How will the liquidation of a legal entity affect the rights of Vasily Ivanov, the owner of the land?
State registries
In the Russian Federation, authorized bodies maintain various state registers, the main purpose of which is to ensure the availability of the information they contain. State registries are federal information resources.
The chairs of the board of associations most often encounter three registries:
- Unified State Register of Legal Entities.
- Unified state register of rights to real estate and transactions with it.
- State real estate cadastre.
In accordance with the order of the Federal Tax Service dated March 31, 2009 No. MM-7-6 / [email protected]“On approval of the procedure for providing electronically open and publicly available information contained in the unified state register of legal entities and in the unified state register of individual entrepreneurs” each interested person has the right to apply to the appropriate body maintaining the relevant register with an application for providing the necessary information. Information is provided for a fee.
Let us consider in more detail the content of the unified state register of legal entities.
In accordance with Art. 5 of the Federal Law of August 8, 2001 No. 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs”, the Unified State Register of Legal Entities (EGRUL) contains the following information and documents about a legal entity:
a) full and (if available) abbreviated name;
b) organizational and legal form;
c) the address (location) of the permanent executive body of the legal entity;
d) method of formation of a legal entity (creation or reorganization);
e) information about the founders (participants) of the legal entity;
f) originals or notarized copies of constituent documents of a legal entity;
g) information on legal succession - for legal entities created as a result of reorganization of other legal entities;
h) the date of registration of changes made to the constituent documents of the legal entity;
i) method of termination of the legal entity;
i.1) information that the legal entity is in the process of liquidation;
k) last name, first name, patronymic and position of a person entitled to act on behalf of a legal entity without a power of attorney, as well as passport data of such;
l) information on licenses obtained by a legal entity;
m) information about branches and representative offices of a legal entity;
n) taxpayer identification number, reason code and date of registration of the legal entity with the tax authority;
n) codes according to all-Russian classifier types of economic activity;
p) number and date of registration of a legal entity as an insurant:
in the territorial body of the pension fund of the Russian Federation;
in the executive body of the Social Insurance Fund of the Russian Federation;
r) information that the legal entity is in the process of reorganization.
Entries are made to state registers on the basis of documents submitted during state registration. Each entry is assigned a state registration number, and for each entry the date of its entry into the relevant state register is indicated.
Legal entity within three working days from the date of change of the above information, with the exception of the information specified in subparagraphs "m", "o", "p", as well as in cases of changes in passport data and information about the place of residence of the founders (participants) of the legal persons - individuals, a person who has the right to act on behalf of a legal entity without a power of attorney, are obliged to report this to the registration authority at their location.
When making changes to the constituent documents of the association - that is, its charter, if there are changes not related to making changes to the constituent documents, for example, when changing the chairman of the board, it is necessary to notify the registration authority within three days, having previously filled out the necessary forms approved by the resolution Government of the Russian Federation of June 19, 2002 No. 439 "On approval of the forms and requirements for the execution of documents used in the state registration of legal entities, as well as individuals as individual entrepreneurs."
If changes are made to the charter of the association (the charter can be presented in a new edition or in the form of amendments and additions), form No. p13001 must be filled out, in case of a change in the chairman of the board, form No. p14001.
Note!
If the documents are not submitted on time, then in accordance with Art. 14.25 of the Code of Administrative Offenses of the Russian Federation, this entails a warning or the imposition of an administrative fine in the amount of five thousand rubles.
Submission to the state registration body of legal entities and individual entrepreneurs of documents containing deliberately false information, if such action does not contain a criminally punishable act, shall entail the imposition of an administrative fine on officials in the amount of five thousand rubles or disqualification for up to three years.
And if the action contains the composition of a criminally punishable act, then in accordance with Art. 171 of the Criminal Code of the Russian Federation, the guilty person shall be punished with a fine in the amount of up to 300 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to two years, or by compulsory labor for a term of 180 to 240 hours, or by arrest for a term of up to six months.
Despite the apparent uselessness, an extract from the unified state register of legal entities is quite informative. It contains all the information about the legal entity, as well as (which is very important for both gardeners and newly elected chairmen of the boards) information about the issuance of certificates related to the reorganization, amendments to the constituent documents, and also about who is on the moment of issuing this extract is a person entitled to act without a power of attorney on behalf of a legal entity.
From the notice of suspension of state registration:
By a decree of the head of the administration of the Stupinsky district of the Moscow region from ... the land plot is assigned to the Astra horticultural partnership, and the application for state registration of ownership of the land plot related to public property is submitted on behalf of the Astra horticultural non-profit partnership, however, the documents on the succession to state registration are not submitted.
FEDERAL LAW "ON GARDENING, GARDENING AND COUNTRY NON-PROFIT ASSOCIATIONS OF CITIZENS".
BASIC CONCEPTS. CHARTER.
- ... and in our cooperative, the chairman ...
- ... what, are you also going to the dacha? ..
From scraps of conversations on the train
Note!
The law on gardeners regulates legal relations arising in all organizational and legal forms of associations.
if the legislator in the norm of the law gives the type of form, then this means that this norm applies only to this type of association!
Note!
The text of any legislative act uses exactly the same words that summer residents pronounce on the train. But at the same time, concepts are used in the text of the law, that is, each word is given a very specific definition. And if it is written in the law that a member of an association has some obligation, then this means that it is the member of the association, and not any person using the land plot within the boundaries of the association, that is obliged to do something.
By the way, there is no legal (defined by law) definition of the concept of “dacha”, and the vast majority of train passengers do not go to the dacha to their cooperative, but to the garden (or dacha) land located within the horticultural non-profit partnership. In a conversation between neighbors on the site, words do not matter, but when going to court or when building up the site, this is important.
In the view of the legislator of the 1998 model, a non-profit association of citizens (due to the fact that most associations are horticultural non-profit partnerships - hereinafter SNT) is a territory surrounded by a blank fence, within which legal relations are regulated by the law on gardeners. In the old edition, this law even regulated land relations, then this group of articles was canceled.
The law on gardeners has been repeatedly amended, at present, in practice, it is necessary to use the law as amended, taking into account the changes introduced by the Federal Law of July 1, 2011 No. 169-FZ “On Amendments to Certain Legislative Acts of the Russian Federation”.
Consider the basic concepts used in the text of this law.
In accordance with Art. 11.1 of the Land Code, a land plot is a part of the earth's surface, the boundaries of which are determined in accordance with the federal law on the state real estate cadastre. Each land plot is characterized by an established category and purpose, type of permitted use. Depending on the type of permitted use, plots are garden, garden and country.
Consider the features:
Question 5. Is it possible to build a residential building on the site if the gardening partnership has been transformed into a summer cottage?
Question 6. How does a change in the legal form affect the purpose of a land plot?
Non-profit associations of citizens can be classified according to several criteria:
The type of right to this property depends on the funds of the members of the association that created the property of common use.
Note!
The Law on Gardeners defines property in common use - this is property intended to provide within the territory of the association the needs of members in the passage, travel, water supply, electricity supply, etc. These public facilities may belong to different entities.
|
Association type |
Contribution types |
Ownership on the common property use |
|
non-commercial |
Joint |
|
|
Means of a special fund formed in |
Ownership of a partnership as a legal entity |
|
|
non-commercial |
Ownership of a non-profit partnership as a legal entity |
|
|
Consumer |
Ownership of a consumer cooperative as a legal entity |
Members of a non-profit partnership and non-profit partnership are not liable for the obligations of a legal entity, a legal entity is not liable for the obligations of its members.
Members of a consumer cooperative are obliged to annually cover the resulting losses by making additional contributions, and also bear subsidiary liability for the obligations of the cooperative within the unpaid part of the additional contribution of each of the members of the cooperative.
The constituent document for horticultural, dacha and gardening non-profit associations of citizens is its charter, the provisions of which should not contradict the current legislation.
In the text of the law on gardeners, a lot of attention is paid to the charter of the association, including in paragraph 4 of Art. 16 indicates what must be included in the text of the charter:
- organizational and legal form;
- name and location;
- the subject and goals of the activity;
- the procedure for admission to membership in the association and withdrawal from it;
- the rights and obligations of the association;
- rights, duties and responsibilities of members of the association;
- the procedure for making entrance, membership, target, share and additional contributions and the liability of members of the association for violation of obligations to make these contributions;
- the procedure for the participation of a member of such an association in work performed collectively on the basis of a decision of the general meeting of members of the association or a meeting of authorized persons or on the basis of a decision of the board of the association;
- the structure and procedure for the formation of management bodies of the association, their competence, the procedure for organizing activities;
- the composition and competence of the control bodies of the association;
- the procedure and conditions for conducting absentee voting (by poll);
- the procedure for the formation of the property of the association and the procedure for paying the cost of a part of the property or issuing a part of the property
- partnership in kind in case of withdrawal of a citizen from the membership of the association or liquidation of the association;
- terms of remuneration for employees who have concluded employment contracts with the association;
- the procedure for changing the charter of such an association;
- the grounds and procedure for exclusion from the membership of the association and the application of other measures of influence for violation of the charter or
- internal regulations of the association;
- the procedure for reorganization and the procedure for the liquidation of an association, the procedure for its entry into associations (unions), the procedure for opening its representative office.
- the liability of the members of such a cooperative for its debts in the cooperative;
- also the procedure for the formation of a special fund - in a partnership.
In addition, the text of the law repeatedly contains the phrases “unless otherwise provided by the charter” or “in the manner prescribed by the charter”.
Question 7. From the text of the charter governing the activities of your association, determine the grounds on which a member of the association can be expelled.
Question 8. The general meeting of the members of the association made a decision to raise funds for surveying a land plot related to public property.
The amount of the contribution is 10,000 rubles per member of the association. What should be the fee?
Question 9. When and by whom is the entry fee paid?
Note!
If the law states that the realization of a certain right is possible, if it is defined in the charter, then if the charter of the association does not establish this, then it cannot be realized (the most striking example is the meeting of authorized persons).
On the issue of standard statutes.
The experience of the Moscow Union of Gardeners suggests that any standard forms are more likely to bring harm, but not practical benefit. having found the text of the charter on the Internet, the person interested in making changes does not read it, does not look at how the provisions of this text correspond to the characteristics and needs of a particular association (it is obvious that the charter of an association, in which there are 1500 members, cannot be identical to the charter of an association in which members 10), and also comply with the current legislation.
If there is a need to amend the charter, you must first determine the range of issues that are planned to be resolved or resolved, and then look for ways to resolve them.
MEMBERSHIP
In Art. 18 of the law on gardeners indicates who can become (be) a member of the association.
The charters of many horticultural associations contain rules that foreign citizens and stateless persons are not entitled to be members of the association or have the right to become members if the land plot is provided to them on a leasehold basis. This provision was based on the indication in the Federal Law "On the turnover of agricultural land" that land from this category of land is provided to foreigners only on lease. Currently, this law does not apply to horticultural associations.
From the law on gardeners it remains unclear whether share heirs who do not have rights to a land plot, but have a share in this right, can be (become) members of the association.
The question of which of the spouses can become members of the association also does not have an unequivocal answer (according to the Family Code of the Russian Federation, in the case of a paid acquisition of a plot, joint property arises from the spouses, even if the right is registered to one of them).
The word "has" used by the legislator does not make it possible to determine the type of right on which the site should be granted. Common mistake is a refusal to admit a member of an association on the grounds that the site is leased. It should be remembered that some land plots in the property, in principle, cannot be provided.
Minors can be members of associations, but how they can exercise their rights as a member of an association is unknown. See below for the rights and obligations of members.
Graphically, the relationship between the owners of the land plot and the members of the association can be represented as follows:
It should be noted that sooner or later citizens who are not members will appear in each association. And their appearance raises many questions from the board. There is a procedure for working with citizens who are not members of the CNT - individuals.
Question 10. In SNT "Romashka" the rights to land plots are registered for the following persons:
- Ivanova was given a plot of land by the organization under which ST was created in 1979;
- Kamensky in 1996 received an inheritance from his father, to whom the site was provided in 1979;
- Matvienko bought the land in 1999, which was resold many times;
- Smaltsev became the founder of SNT in 2003;
- Bogdanov in 2010 was given an abandoned land plot by the district administration;
- Teryaeva is a tenant of a land plot (a land plot cannot be granted ownership in principle - under a power transmission line, land of the LF);
- Nesterov, who in 2008 bought 2 plots on the same street and combined them;
- Medvedev, who privatized one land plot in 1998, and in 2009 bought two more on different streets.
All of the above citizens are members of the association.
How could these citizens become members of the SNT?
Which of these members has more rights and what, what are the differences between the rights of these persons?
Are there any differences between the responsibilities of these members?
Question 11. According to the master plan of the SNT "Hoarfrost", it includes 100 garden plots, each of which has an area of 10 acres. 96 garden plots have 96 owners, each of which is a member of the SNT.
In the southeastern part of the land allotment, an area of 40 acres is fenced with one two-meter solid fence. On this large plot there is a residential building in which a family consisting of four adult citizens - spouses and their children lives all year round.
Determine the total possible number of union members if:
- All 4 plots enclosed by a common fence are combined into one, and this land belongs to the head of the family.
- 4 plots are fenced, and all of them belong to one of the family members.
- Each of the 4 plots has its own owner.
Let's try to figure out how the rights and duties of members differ from the rights of individuals. The rights and obligations of members of the association are given in Art. 19 of the law on gardeners.
| Rights | Members | Individuals |
|
Elect and be elected to the management bodies of such an association and its control body |
Any member of the association can be elected to the board, any commission or become a member |
Citizens who are not members of the association are deprived of such a right, as well as relatives of members and other persons who do not have land plots within the boundaries |
| Receive information about the activities of the governing bodies of such an association and its body control |
Any member of the association has the right to receive information about the activities, including familiarization with the constituent documents, including the charter of the association, minutes of general meetings of members, minutes of board meetings, estimates and acts of the audit commission. It is controversial to provide any member with primary accounting documents, labor agreements, bank cards, etc. It is understood that these documents are submitted for study by the audit commission of the association, which prepares an act of auditing financial and economic activities |
Citizen wishing to join the association, has the right, before writing an application for membership, to familiarize himself with the content of the charter of the association in which he wishes to join. Also, when concluding an agreement on the use of infrastructure facilities, the owner of the land plot has the right to familiarize himself with documents confirming the costs incurred, part of which he is invited to reimburse |
| Manage independently on your land in accordance with its permitted use | In 1998, the law on gardeners regulated not only the relations of members of the SNT regarding the creation of common facilities, the organization of management and control over the activities of the association, it also contained provisions defining the rights of members regarding the use of garden land belonging to them on any right plots. Obviously, in connection with the adoption of the Land Code of the Russian Federation, these norms have lost their significance. And a member of an association, and a citizen engaged in gardening on an individual basis, are obliged to use the land plot in accordance with its intended purpose and permitted use |
|
|
Dispose of their land and other property in cases where they are not withdrawn from circulation or are not limited in circulation on the basis of the law |
This right is granted to the owner of the land plot, a non-member of the association also has the right to freely dispose of the land plot belonging to him |
|
|
carry out in accordance with urban planning, construction |
This right is available to all citizens who own land. Note that on May 20, 2011, the set of rules SP 53.13330.2011 “SNiP 30-02-97 “Planning and development of territories of gardening (country) associations of citizens, buildings and structures” was put into effect, compliance with the requirements of which is mandatory |
|
| When alienating a garden, garden or country plot of land, simultaneously alienate the to the acquirer of a share of common property as part of a horticultural, horticultural or dacha non-profit partnership in the amount of earmarked contributions; property share in the amount of the share contribution, except for the part that included in the indivisible fund of a horticultural, horticultural or dacha consumer cooperative; buildings, buildings, buildings, fruit crops |
This right is only available to a member of the partnership and a member of the cooperative | - |
| Upon liquidation of a horticultural, horticultural or dacha non-profit association, receive the due share of common use property | The right belongs only to members of the association | - |
|
Apply to the court for the invalidation of decisions that violate his rights and legitimate interests |
It is obvious that the decision of the general meeting of the members of the association or the decision of the board may violate the rights of any citizen who has a garden (or summer cottage) plot. Therefore, in fact, any person can apply to the court with a claim for the protection of a violated right. |
|
|
Voluntarily withdraw from a horticultural, horticultural or dacha non-profit association with simultaneous |
Only a member of an association can voluntarily withdraw from membership. It is noteworthy that the legislator |
- |
Let's try to figure out exactly what rights a citizen who wants to leave the association loses. Obviously, all the rights of the owner of the garden plot remain with him, including the right to dispose of property, erect buildings and structures. A citizen, leaving the membership of the association, loses the right to elect and the right to be elected to the governing bodies of the association, ceases to be the subject of the right of ownership of property created with targeted contributions from members - in a non-profit partnership.
In accordance with paragraph 3 of Art. 35 of the Constitution of the Russian Federation, no one can be deprived of his property except by a court decision.
Suppose citizen Ivanov has been a member of the SNT since 2000. He regularly paid all the fees established by the decisions of the general meetings of members, including targeted ones. In 2010, he left the membership of the association, while the target contribution was not returned to him. From the point of view of the law on gardeners, the participation of an individual in the creation of infrastructure facilities gives him the opportunity to use this property. payment for the use of property should not exceed the amount of a similar payment for members of the association. at the same time, members of the association do not pay for the use of infrastructure - members of the association pay contributions that are spent on the maintenance of common property. that is, the law on gardeners, giving Ivanov the opportunity to exercise his constitutional right to withdraw from the membership of an NPO (non-profit organization), violates his rights as the owner of property. Ivanov ceases to be the subject of joint ownership without a court decision.
The question of the status of the right holder of a garden plot who is not a member of the association is open. Even a study of judicial practice does not give a clear answer.
Having considered the issue of the rights of the members of the association, let's move on to duties.
|
Responsibilities |
Members | Individuals |
|
bear the burden of maintaining the land plot and the burden of responsibility for violation of the law |
V | V |
|
bear subsidiary liability for the obligations of a horticultural, horticultural or dacha consumer cooperative within the unpaid part of the additional contribution of each of the members of such a cooperative |
V | - |
|
use the land plot in accordance with its intended purpose and permitted use, not damage the land as a natural and economic object |
V | V |
|
not violate the rights of members of such an association |
V | V |
|
comply with agrotechnical requirements, established regimes, restrictions, encumbrances and easements |
V | V |
|
timely pay membership and other fees provided for by this Federal Law and |
V | - |
|
within three years to develop a land plot, unless another period is established by land legislation |
V | V |
|
comply with urban planning, construction, environmental, sanitary and hygienic, fire and other requirements (norms, rules and regulations) |
V | V |
|
participate in the activities of such an association |
V | - |
|
participate in general meetings of members of such an association |
V | - |
|
implement 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 |
V | - |
|
comply with other requirements established by laws and the charter of such an association |
V | - |
As you can see, the members of the association have a fairly wide range of responsibilities. They can be conditionally divided into two groups: their obligations as owners of land plots and those related to membership - that is, the obligation to participate in events (including attending general meetings of members!) and pay fees.
The question of the rights and obligations of citizens who are not members of associations is one of the most unresolved. In terms of complexity, perhaps only the registration of the right of joint ownership of members to common property can be compared with it.
Let's consider the problem from two sides - for starters, from the side of a citizen who does not want to be a member of a non-profit organization.
Most often, citizens voluntarily leave the association simply because they do not want to be members. in this case, the question of payments does not arise: they continue to contribute to the cashier of the association amounts in the same amounts as the members. It's just called contract payments.
If the association collects annually significant amount money, but no work is done, and it is impossible to obtain a report on the expenditure of funds, then a second category of citizens leaving members appears - gardeners who want to know exactly how their money is spent.
Let's try to figure out in what cases the board of the association benefits from the exclusion of a citizen from the members and what goals are pursued?
Firstly, even now there is an opinion that as soon as a citizen is excluded from the membership of the association, it is possible to prohibit him from using the infrastructure, deprive him of energy supply, water supply, and so on. The most radical chairmen intimidate the members by the fact that after exclusion from the membership of the association, the right to a garden plot of land is automatically terminated. In addition, the board believes that a gardener who has been expelled from the membership of the association can be forced to sign an agreement with unfavorable conditions for him. And finally it is assumed that a citizen expelled from membership will not have any financial benefits, that is, he will pay all fees - both membership and target.
In practice, it turns out that a citizen expelled from the membership is in a better position than the members of the association. if a member of an association is obliged to pay all contributions established by decisions of general meetings of members of the authorized), then a citizen who is not a member of the association - only those payments that are provided for by the agreement.
Here is an extract from Art. 1 of the Civil Code of the Russian Federation: civil legislation is based on the recognition of the equality of participants in the relations it regulates, the inviolability of property, freedom of contract.
Citizens (individuals) and legal entities acquire and exercise their civil rights by their own will and in their own interest. They are free to establish their rights and obligations on the basis of the contract and to determine any terms of the contract that do not contradict the law, that is, it is very difficult to force a citizen who gardens on an individual basis to sign a contract. And it is doubly difficult to agree on the terms and price of this contract.
The supreme governing body of the association can only determine the procedure for concluding an agreement on the use of infrastructure facilities, but is not able to determine the terms of the agreement and its price. The price and terms of the contract are determined by the parties through negotiations or in court.
Note!
It is possible to deprive a citizen who gardens on an individual basis of the right to use infrastructure facilities only if he does not make payments under an already concluded agreement!
Given the complexity of the procedure for concluding an agreement with a citizen who is not a member of an association, we will once again consider the question of the expediency of excluding a citizen from the membership of an organization. Only a member of the organization has the right to elect and be elected to the management and control bodies of the organization. Accordingly, by excluding a citizen from membership for those actions (inactions) for which the charter of the association provides for an exception as a measure of influence, we deprive a certain gardener of the right to participate in the activities of the association.
Consider the procedure for appointing an extraordinary general meeting of members of the association.
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FORMS OF THE GENERAL MEETING |
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GENERAL MEETING OF MEMBERS |
GENERAL MEETING HELD IN |
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Terms of use of the form |
Unconditional |
A general meeting in the form of a meeting of delegates may be held only if the articles of association |
The procedure and conditions for holding an absentee |
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Competence by law |
The whole range of questions |
The general meeting of the members of the association cannot be held in absentia if the agenda includes approval issues |
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| Competence under the charter | See the charter of your association. In case of inconsistency of the provisions of the charter with the law on gardeners, it is necessary to bring the charter in line with it. | ||
| Who is involved in the work | Members and their proxies | Authorized persons (transfer of authority by proxy is not allowed) | Members |
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Eligibility Conditions |
Over 50% members (and/or their proxies) |
Not less than 50% authorized |
Bulletins must be sent to all members of the association! |
| Making decisions: - simple majority |
Over 50% members | More than 50% authorized | Over 50% members |
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Decisions on amendments to the charter of the association, exclusion from the membership of the association, liquidation and (or) reorganization are taken by a qualified majority of votes. |
More than 2/3 members |
More than 2/3 authorized |
More than 2/3 members |
Question 12. Is it possible to make a decision to amend the charter in absentia?
Question 13. Are members entitled to participate in the meeting of commissioners?
Question 14. Who can be a trustee of a member of the association?
Question 15. The number of members of the association is 150. What is the minimum number of members that must vote for a decision to amend the charter?
After a lesson in mathematics, we draw an interesting conclusion: there is a real possibility of abuse in the field of holding meetings of authorized persons, the board can replace supreme body association management. That is, the majority of members do not know about those decisions that will sooner or later affect the interests of all members.
In some statutes there is a provision that the total number of elected representatives should not be less than 25% of the total number of members of the association. In associations with no more than three hundred members, a meeting held
In the practice of the Moscow Union of Gardeners, there have repeatedly been facts of preventing members of the association from attending general meetings held in the form of a meeting of authorized representatives.
One cannot agree with this practice for the following reason: only a person present at the meeting can be elected to the management bodies and the control body of the association, and if a member of the association is not allowed to attend the general meeting, then his right to elect and be elected to the bodies of the association is violated.
If the charter of the association includes the procedure for electing commissioners and other necessary provisions required by the law on gardeners, all the same, in most cases, issues related to the work of commissioners with members of the association who elected the commissioner remain unresolved. The issue of counting the votes of authorized representatives remains open - each authorized representative has one vote at the general meeting or he has as many votes as the number of members elected him. it is also not clear how the delegate should vote if half of the members are in favor of the decision and the other half are against it, and how to take into account the votes of the members of the association present at the meetings of the delegates.
In addition, people who are entrusted by members of the association to participate in the general meeting of members, as well as elders along the streets, are often called authorized persons.
It happens that a member of the association cannot be present at the general meeting of the members of the association, in which case he has the right to entrust the right to participate to any person (a member of his family, another member of the association or some outsider). To do this, a member of the association must draw up a power of attorney, the text of which indicates the surname, name, patronymic of the member of the association and the person to whom the member entrusts the right to participate in the work of the general meeting of members.
The member's signature on such power of attorney shall be certified by the chairman of the board. Note: the chairman of the board cannot prohibit or allow a member of the association to entrust the right of participation instead of him to any person, he only certifies
member's signature on the power of attorney. The number of powers of attorney issued in one hand is not limited by law, and if a member of the association has 9 powers of attorney from other members, then he has 10 votes at the general meeting of members.
The elders on the streets are some persons authorized by the board who bring certain decisions of the board to the attention of gardeners, in fact - the "deputies" of the board on the streets.
Meetings of elders along the streets do not lead to the emergence of various kinds of obligations for the members of the association, that is, at these meetings it is impossible to accept estimates, elect the chairman of the board, and so on.
Now consider another very interesting point. In accordance with the provisions of the Civil Code of the Russian Federation on issues common property, the disposal of property in common ownership is carried out by agreement of all its participants, unless otherwise provided by federal law.
For horticultural non-profit partnerships (only in a non-profit partnership, property created with targeted contributions from members becomes their joint property) such a special law exists, and therefore all issues related to the disposal of common property are accepted by a simple majority of the majority of members who came to the general meeting of members ( or authorized), and not all members are co-owners of the common property.
In practice, a question often arises that does not have an unambiguous answer: can the general meeting of the association members decide to cut off the energy supply to the association for winter period? On the one hand, a majority of the majority present must vote for such a decision, on the other hand, each owner of a land plot and a garden house has the right to use their property in accordance with the type of its permitted use all year round.
In addition, in almost every association there are citizens who do not travel outside the association. And in general, the decision of the general meeting of members of the association, which is legal from the point of view of the special law on gardeners, violates the rights of some members of this association, who are obliged to obey the decision of the majority.
Note!
If there is no quorum at the in-person general meeting of members, then the members of the board after the meeting go around the sites and collect signatures of gardeners "for" or "against" the adoption of any specific decision - they try to "vote" in absentia. This procedure for holding meetings does not comply with the law, and all decisions made may be declared invalid.
When setting the date for the general meeting of members (meeting of authorized persons), the Management Board must take into account the following:
1. The general meeting of the members of the association is the supreme governing body, its decisions give rise to certain obligations for the members of the association, including the payment of dues.
2. In the process of training chairmen in the Moscow Union of Gardeners, we draw attention to the need to comply with all procedures, statutory about gardeners. If the association begins work to collect debts on member contributions, then the court will need to prove that the general meeting was, that it was convened on time and taking into account all the requirements specified by law.
3. The execution of decisions of general meetings is mandatory for all members of the association, including those who:
- does not use the land;
- was not at the general meeting of members;
- voted against the decision.
Let's highlight the main points that you need to pay attention to when holding a general meeting of members.
| Timing | Events |
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Not later than two weeks before the date of the general meeting |
In the manner prescribed by the charter, it is necessary to notify the members of the association about the holding of a general meeting of members (authorized persons). The notice should not only indicate the issues, but also disclose their content. So, for example, it is not enough to indicate on the agenda the issue of approving the estimate; the draft estimate must be posted nearby. If gardeners can familiarize themselves with the draft documents in advance (including the draft charter), then in the process of holding a general meeting, |
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After notification and before the general meeting of members |
If there are issues on the agenda, the adoption of decisions on which requires notification of the registration authority - amendments to the charter, election of a new chairman of the board or other issues - before the date of the general meeting, you must contact the tax authority and order an extract from the Unified State Register of Legal Entities. We also recommend that you find in advance the forms approved by Decree of the Government of the Russian Federation of June 19, 2002 No. 439 “On approval of forms and requirements for the execution of documents used in the state registration of legal entities, as well as individuals as individual entrepreneurs”, which, after the general meeting, must be fill |
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Make a list of members of the association on the date of the meeting. The vast majority of associations do not up-to-date lists citizens who are members. If the list of members (as, indeed, any other document) consists of more than one page, they must be numbered, stitched and sealed with the seal of the association. |
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To make decisions on certain categories of issues, a qualified majority of votes present at the meeting of members (authorized persons) is required, therefore, based on the number of members of the association, it is necessary to calculate in advance the number of votes required for decision-making |
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Day of the general meeting |
It should also organize the registration of participants in the general meeting. Citizens representing the interests of members of the association by proxy are also registered, and the powers of attorney are filed with the registration sheet |
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If in the place where the meeting is held, it is impossible to separate the members of the association (authorized) from their family members, from other citizens who are not members, in order to facilitate the counting of votes during registration, it is advisable to distribute cards (flags, etc.) to the members of the association for voting |
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The general meeting of members (authorized persons) is held in accordance with the approved regulations, in most cases providing for the first election of the working bodies of the meeting - its chairman, secretary, counting commission. The working bodies of the meeting are elected by a simple majority vote of those present. Then the conduct of the meeting passes to the elected bodies and is carried out in accordance with the already mentioned approved regulations or regulations adopted for a particular meeting. |
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After discussing the agenda item, the chairman of the meeting clearly formulates the issue *, the elected counting commission counts the votes cast for the adoption of the decision, against it and the votes of those who abstained from voting. |
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If the agenda of the general meeting includes issues of expulsion from members or consideration of any application of a member, it is necessary to give an opportunity to citizens whose interests may be affected to speak before the general meeting |
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Within three days after the general meeting of members |
If a decision is made requiring mandatory notification of the registration authority, then it is necessary to submit a set of documents to the Federal Tax Service at the location of the association. The minutes of the general meeting of members are preliminarily prepared, the required application form is filled in and the applicant's signature on it is notarized |
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Within seven days after the general meeting of members |
In the manner prescribed by the charter of the association, it is necessary to bring to the attention of the members the decisions of the general meeting of members (authorized persons). Decisions on matters relating to exclusion from membership or the consideration of applications from members shall be communicated to stakeholders under painting |
try answering "yes" or "no" to the following question: "do not save changes?"
to exclusive competence the general meeting of members (authorized) of the association includes the consideration of issues:
- amendments to the charter of the association and additions to the charter or approval of the charter in a new edition;
- admission to the membership of the association and exclusion from its members;
- determination of the quantitative composition of the board of the association, election of members of its board and early termination of their powers;
- election of the chairman of the board and early termination of his powers, unless otherwise provided by the charter of such an association;
- election of members of the audit commission (auditor) of the association and early termination of their powers;
- election of members of the commission for control over observance of the legislation and early termination of their powers;
- making decisions on the organization of representative offices, a mutual lending fund, a rental fund of such an association, on its entry into associations (unions) of horticultural, horticultural or dacha non-profit associations;
- approval of the internal regulations of the association, including the conduct of the general meeting of the members of the association (meeting of authorized persons); the activities of his board; work of the audit commission (auditor); work of the commission on control over observance of the legislation; organization and activities of its representative offices; organization and activities of the mutual lending fund; organization and activities of the rental fund; the internal work schedule of the association;
- making decisions on reorganization or liquidation of the association, appointment of a liquidation commission, as well as approval of interim and final liquidation balance sheets;
- making decisions on the formation and use of the property of the association, on the creation and development of infrastructure facilities, as well as establishing the size trust funds and related contributions;
- setting the amount of penalties for late payment of contributions, changing the terms for making contributions by low-income members of the association;
- approval of the income and expenditure estimates of the association and making decisions on its implementation;
- consideration of complaints against decisions and actions of members of the board, the chairman of the board, members of the audit commission (auditor), members of the commission for monitoring compliance with the law, officials of the mutual lending fund and officials of the rental fund;
- approval of the reports of the board, the audit commission (auditor), the commission for monitoring compliance with the law, the mutual lending fund, the rental fund;
- encouragement of members of the board, the audit commission (auditor), the commission for monitoring compliance with the law, the mutual lending fund, the rental fund and members of the association;
- making a decision on the acquisition of a land plot belonging to common property in the ownership of the association.
concept "exclusive competence" implies that decisions on listed polls can be made just a general meeting members (authorized) of the association. However, the law on gardeners, indicates that the election and early termination of the powers of the chairman of the board are within the exclusive competence of the general meeting, admits that this issue may be regulated in a different way by the charter. The statutes of some associations say that the chairman of the board can be elected both by the general meeting and by the board. Such an entry in the charter is a direct path to dual power in the association.
ASSOCIATION BOARD
The board of the association is a collective executive body, the number of members of which is determined by the general meeting of members (authorized persons), accountable to the general meeting of members of the association (authorized persons). In its activities, the board is guided by the law on gardeners, the legislation of the Russian Federation, the legislation of that subject of the Russian Federation, on the territory of which
it is located, normative legal acts of local governments and the charter of the association.
The Board, unless otherwise provided by the charter of the association, is elected:
- from among the members of the association;
- for a period of two years;
- general meeting of members of the association (meeting of authorized persons).
Note!
The legislator did not clearly formulate the norm concerning the procedure for electing the board of the association, and pointed out that this norm could be set out in a different way in the charter of the association. the texts of some statutes contain provisions that not only members of the association, but also their proxies and relatives can become members of the board. It is impossible to agree with this, since in all non-profit organizations the governing bodies and the control body are formed from among their members. Even if the charter allows the election of citizens who are not members of the association to the board, they cannot be elected, since this provision of the charter contradicts the legislation of the Russian Federation.
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 association.
The competence of the board includes the resolution of issues that are not referred by the law on gardeners to the exclusive competence of the general meeting of members (meeting of authorized persons), namely:
- practical implementation of decisions of the general meeting of members of the association (meeting of authorized persons);
- making a decision to hold an extraordinary general meeting of members of the association (meeting of authorized persons) or to refuse to hold it;
- operational management of the current activities of the association;
- drawing up income and expenditure estimates and reports of the association, submitting them for approval;
- disposal of tangible and intangible assets of the association to the extent necessary to ensure its current activities;
- organizational and technical support for the activities of the general meeting of members of the association (meeting of authorized persons);
- organization of accounting and reporting of the association, preparation of the annual report and its submission for approval;
- organization of protection and insurance of the property of the association and the property of its members;
- organization of construction, repair and maintenance of buildings, structures, structures, engineering networks, roads and other public facilities;
- ensuring the record keeping of the association and the maintenance of its archive;
- employment in the association of persons under employment contracts, their dismissal, encouragement and imposition of penalties on them, keeping records of employees;
- control over the timely payment of entrance, membership, target, share and additional fees;
- making transactions on behalf of the association;
- assistance to members of the association in the donation of agricultural products to orphanages, nursing homes for the elderly and disabled, preschool educational institutions;
- implementation of foreign economic activity of the association;
- observance by the association of the legislation of the Russian Federation and the charter of the association;
- consideration of applications of members of association.
Meetings of the Board are convened by the Chairman of the Board within the time limits set by the Board, as well as when necessary. Board meetings are competent if at least two thirds of its members are present.
The chairman of the board is a person who heads the board of the association, he is an individual who has the right to act without a power of attorney on behalf of a legal entity.
The chairman of the board is elected in the manner prescribed by the charter, that is, by the general meeting of members (meeting of authorized persons) or the board, for two years. The law specifies that the chairman of the board is elected from among the members of the board (and therefore from among the members!). it is understood that first the board of the association is elected, and only after that - its chairman. However, in practice the chairman is elected separately from the board.
Despite the fact that, in accordance with the note to Art. 2.4 of the Code of Administrative Offenses of the Russian Federation “heads and other employees of other organizations who have committed administrative offenses in connection with the performance of organizational and administrative or administrative and economic functions, as well as those who have committed administrative offenses provided for in Articles 13.25, 14.24, 15.17 - 15.22, 15.23.1, 15.24 .1, 15.29 - 15.31, part 9 of article 19.5, article 19.7.3 of the code, members of the boards of directors (supervisory boards), collegial executive bodies (boards, directorates), counting commissions, audit commissions (auditors), liquidation commissions of legal entities and heads organizations exercising the powers of the sole executive bodies of other organizations bear administrative responsibility as officials”, the law on gardeners does not impose any qualification requirements to candidates for the chairmanship of the board of association. The law only indicates that he must act reasonably and in good faith and in the interests of the association.
Note!
The position is called not the chairman of the partnership, but the chairman of the collegial executive body of the legal entity.
Note!
The chairman of the board and members of his board shall be liable to the association for losses caused to the association by their actions (inaction). At the same time, members of the management board who voted against the decision that caused losses to the association, or who did not take part in the voting, are not liable.
Powers of the Chairman of the Board:
- presides over board meetings;
- has the right of first signature under financial documents, which, in accordance with the charter of the association
- are not subject to mandatory approval by the board or the general meeting of members of the association (meeting of authorized
- chennyh);
- signs other documents on behalf of the association and minutes of the board meeting;
- on the basis of a decision of the board, enters into transactions and opens accounts of the association in banks;
- issues powers of attorney, including those with the right of substitution;
- ensures the development and submission for approval by the general meeting of members of the association (meeting of authorized persons) of the internal regulations of the association, the provisions on remuneration of employees who have concluded employment contracts with the association;
- carries out representation on behalf of the association in state authorities, local governments, as well as in organizations;
- considers the applications of the members of the association.
Note!
The chairman of the board and its members, in case of revealing financial abuses or violations, causing losses to such an association, may be brought to disciplinary, material, administrative or criminal liability in accordance with the law. Members of the audit commission (auditor) of a horticultural, horticultural or dacha non-profit association shall be liable for improper performance of the duties provided for by this federal law and the charter of such an association.
The chairman of the board is obliged to organize accounting in the association, to ensure compliance with the requirements of labor legislation.
Question 16. In accordance with the charter of SNT "Sineva", the chairman of the board may be elected by the general meeting of members or the board. In the summer of 2011, Ivanov was elected chairman of the board by the general meeting of members, and in the autumn he was re-elected by the board. The board elected Semyonov as its chairman. Who is responsible for the activities of SNT "Sineva"?
The issue of opening a settlement account of the association is the subject of fierce disputes between the members of the association. some members believe that the opening of the settlement
account will lead to an increase in the amount of membership fees - the estimate will include the item "Banking costs", in addition, when paying fees through a bank, a bank interest is also charged from a member.
Gardeners, agreeing that keeping cash "under the pillow" is unreasonable, insist on opening a bank account not for a legal entity, but for a personal one.
account of any individual. for example, an account is opened in the name of the treasurer of the association, and this treasurer gives power of attorney to the chairman of the board to withdraw money from this account. The scheme is simple and clear, and most importantly - completely free.
Two points remain outside the considerations of gardeners who want to save money. Firstly, this is the fact that from the moment of death of a person, all powers of attorney issued by him become invalid. And secondly, the funds on the personal account of an individual, after his death, are included in the estate.
If in an association members' contributions are accepted in cash, then for each penny contributed by a member, the treasurer, accountant (or other person responsible for accepting contributions) must issue a receipt to the cash receipt order. In parallel, this person can make an entry about the payment in the membership book, in the journals of contributions - this is not prohibited. But each member authorized by the board is obliged to issue a receipt, which is a document confirming the fact of payment.
A huge number of organizations demand to submit lists of members of associations, and to attach copies of title documents to land plots, as well as submit passport data of citizens. Remember that if any government agency something requires to be provided, then this requirement is always in writing. In accordance with paragraphs. 1 p. 1 art. 6 of the Federal Law of July 27, 2006 No. 152-FZ "On Personal Data", the processing of personal data is carried out with the consent of the subject of personal data to the processing of his personal data. This means that before you provide lists of members and their personal data to anyone, you must obtain the written consent of a member of the association.
CONTROL BODIES
Control over the financial and economic activities of the association, including the activities of its chairman, members of the board and the board, is carried out by the audit commission (auditor), which is accountable to the general meeting of the members of the association. Audit committee:
- is elected from among those members of the association who are not related or related to the chairman or members of the board;
- the general meeting of its members;
- consisting of one or at least three people;
- for a period of two years. re-elections of the audit commission (auditor) may be held ahead of schedule at the request of at least one quarter of the total number of members of the association.
The duties of the audit committee include:
- verification of the implementation by the board of the association and the chairman of the board of decisions of general meetings of members of the association (meetings of authorized persons), the legality of civil law transactions made by the management bodies of the association, regulatory legal acts regulating the activities of the association, the state of its property;
- auditing the financial and economic activities of the association at least once a year, as well as on the initiative of members of the audit commission (auditor),
- decision of the general meeting of members of the association (meeting of authorized persons) or at the request of one-fifth of the total number of members of the association or one-third of the total number of members of its board;
- preparation of reports on the results of the audit before the general meeting of the members of the association (meeting of authorized persons) with the presentation of recommendations for the elimination of identified violations;
- to report to the general meeting of members of the association (meeting of authorized persons) on all detected violations in the activities of the governing bodies of such an association;
- control over the timely consideration by the board of the association and the chairman of this board of statements of the members of the association.
Note!
According to the results of the audit, when creating a threat to the interests of the association and its members, or when identifying abuses by the members of the board of the association and the chairman of the board, the audit commission (auditor) within the limits of its powers, it has the right to convene an extraordinary general meeting of the members of the association.
As well as to other members who have equal access to participation in the work of the management bodies of the association and its control body, there are no requirements for the qualification of the auditor.
The general meeting of members of the association (meeting of authorized persons) has the right to decide on holding audit, but this is a rather costly undertaking, therefore the supreme governing body makes a decision, and secondly, it is very difficult to find an audit firm that will agree to take poorly executed association documents for verification, to put it mildly.
In addition to the board and the audit commission, many associations have public commissions for monitoring compliance with the law, the powers of which are determined by the law on gardeners. It is not entirely clear how members of the association can control compliance with environmental legislation, fire safety, as well as ensure the protection of monuments and objects of nature, history and culture. In practice, members of such commissions provide advisory support to the board, but not in terms of compliance with the above requirements, but on issues related to record keeping, holding general meetings of members of the association, and drawing up various regulations.
FROM SENT
(punctuation and spelling retained)
Discussing the issue of the presence of a quorum for making decisions on the issues under discussion, the court proceeds from the fact that both Lists of members of the SNT testify to 353 members of the SNT. There were no changes in the list due to the death of citizens - members of the SNT. The general meeting of SNT members did not approve the new list of members.
From a court decision
“Where do you keep the money of the members?”
- We? We keep in the bank. In an ordinary three-liter jar, buried in the cellar.
From the answer of a student of accounting courses
The representative of the SNT explained that the registration of the members of the meeting present was carried out by putting a “tick” in front of the surname in the List of members of the SNT. As for the signatures opposite the names on the same list of members, as witnesses and representatives of the defendants explained, after the meeting, a group of members went from house to house and collected signatures of those who voted by secret ballot for the election of a new chairman. Thus, SNT did not provide reliable evidence of a quorum at the general meeting.
Witness A. explained that she was a member of the SNT. There was no announcement about the meeting on June 01, 2010. Nobody said anything. She saw people and went with them, there were about 50 people there - members from a small meadow with relatives. It was not a meeting, but a gathering. Witness Yu. She explained that she was a member of the partnership, and on June 1, 2010 there was not a meeting, but a falsification. Ladies came to her and handed out poems. They didn't talk about the agenda. She went to the meeting because she thought there would be a report. Basically, they began to shout, then they began to nominate a candidate. There were 68 people at the meeting, she personally counted everyone. Along with the members of the SNT were their relatives and friends. I asked to get acquainted with the estimate after the meeting, signed, but it turned out that I signed for the election of the chairman.
Witness F. explained that he was a member and worked as a watchman. There was an illegal meeting of Malaya Polyana. He didn't know about the meeting. I saw people coming and went too. The meeting decided that the chairman was a thief. The voting was secret. walked around with a box. They sealed it. There were about 80 people at the meeting. They brought relatives. Witness K. explained that there was a meeting, there was a quorum.
She was the meeting secretary. there were a lot of people and they suggested in the List to make a tick in front of those who appeared. When offered to sign, people refused.
From a court decision
The horticultural partnership grants the right to use, and the Gardener accepts the conditions and uses for a fee the following infrastructure facilities and common use property of the horticultural partnership:
- ... The guard guard of the partnership, consisting of a watchman, a guard dog, mobile phone to call emergency services and house guards...
Calculations of the amount of payment in accordance with the subsistence level approved by the general meeting of SNT expenses are drawn up for each calendar year.
From one unconcluded contract
Troublemakers SNK "X" (Kuprianova, etc.)!
If YOU do not calm down in the near future, then blame yourself. We are warning you.
Otherwise, we will have to resort to tough measures that will surely upset you (that is, we are forced to let the “red rooster”, poison four-legged animals, destroy vehicles). Therefore, we earnestly ask you to take care of your personal household, plant flowers, etc., and do not “muddle the waters”.
Governing body
Dear members of SNT "M"!
At the initiative of individual (very enterprising) participants in our partnership, who applied with a slander to the tax office in district No. 19, an audit of financial and economic activities was initiated on our SNT. As a result, penalties are possible, as well as material damage in the amount of approximately 300,000 rubles. Since these initiators do not hide their participation in initiating a tax inspection to search for violations in our SNT, the board proposes:
1. Request a written explanation for the specified slander.
2. Caused material damage in the amount of 300,000 rubles.
Compensate at the expense of the initiators of the inspection.
3. In case of issuing penalty claims, pay them at the expense of the initiators of the financial and economic audit.
Governing body
In case of non-fulfillment of his duties, a member of the SNT may be subject to the following measures:
A. Verbal warning
B. Written Warning
B. Discussion at a board meeting;
D. Discussion at a general meeting of gardeners or at a meeting of commissioners;
D. Exclusion from membership with withdrawal of land.
Exclusion from membership with withdrawal of a land plot under the following circumstances:
A. In connection with the commission of encroachments on the material value of members of the SNT;
B. For non-payment of assessed contributions for three years;
B. In case of moving a member of the SNT to another city;
D. In case of unauthorized transfer of a land plot to another person.
From the charter of SNT
Please answer, how can I privatize a land plot for free, if it is on my right to lease, under a power line on the lands of the forest fund?
From a letter
Fulfilling the order of the board, the accountant completed the work of recalculating your debt on membership fees and interest on them, using the most sparing algorithm. Otherwise, your debt is in the millions or billions. On the possibility of voluntary repayment of the amount of debt in the amount of 418,058 rubles 87 kopecks (the amount of debt is 12,962 rubles 26 kopecks, the amount of interest in rubles is 405,096 rubles 61 kopecks), please notify the SNT board in writing. In the case refused also.
From the demand for payment
Answers on questions:
- 1. Citizens have the right to unite. but the creation of a new association - in our case, this is SNT - does not terminate the rights and obligations that arose earlier. if the founders of the SNT "Birch Novoe" left the members of the SNT "Birch", then the board invites them to conclude an agreement on the use of infrastructure facilities, if they remain members, then they may require the payment of all fees established by decisions of the general meetings of members.
- 2. SNT "Birch New" has no rights to the property of SNT "Beryozka".
- 3. The mistake of the founders of SNT "New Beryozka" is that instead of carrying out the reorganization procedure in the form of separation, they created a new legal entity.
- 4. will not affect in any way. The land plot will remain the property of Vasily Ivanov. Of course, the withdrawal of a land plot with the simultaneous liquidation of an association is possible if the land plot constituting the territory of the association is completely withdrawn for state or municipal needs.
- 5. No, you can't.
- 6. Changing the organizational and legal form of the association does not automatically change the type of permitted use of the land.
- 7. See the Charter of your association.
- 8. As a result of performing work on surveying a land plot related to common use property, no common use property is created (or acquired). So such a contribution cannot be targeted, but is a membership fee.
- 9. The entrance fee is paid by a member of the association when joining, that is, after the general meeting decides to admit a citizen to membership.
- 10. First, it is necessary to pay attention to the fact that in 2003 the SNT was created. that is, the reorganization procedure was not carried out. Therefore, if they did not write applications for joining the SNT, then they are not. Smaltsev became a member of the association as a founder, Bogdanov, Teryaeva, Nesterov, Medvedev, as well as the already mentioned Ivanova, Kamensky, Matvienko, could become members only on the basis of a decision of the general meeting of members of the Chamomile SNT. The rights of all members are equal, and the duties are equal, including the payment of contributions to the association.
- 11. A and B. if the head of the family is a member of the SNT "Hoarfrost", then there are 97 members, if not, then one citizen who conducts gardening on an individual basis, and 96 members. C. Depending on whether family members are members of the association - from 96 to 100 and from 1 to 4 citizens who garden individually.
- 12. If the charter defines the procedure for conducting absentee voting, then this is possible.
- 13. A member of the association has such a right.
- 14. A trustee of a member of an association can be a member of his family, another member of the association, a family friend, and so on, in fact, anyone.
- 15. Members - 150, quorum - 76. 2/3 of 76 is 51.
- 16. Anyone who has the right to act without a power of attorney on behalf of a legal entity (whose name is included in the unified state register of legal entities).
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