Model charter of snt in the new edition. Rossiyskaya Gazeta model charter of snt under the new law Model charter of a horticultural non-profit partnership

The charter of the SNT is the basic document of a garden partnership that regulates it. legal status, as well as the procedure for the interaction of its members in the course of managing the organization and using joint property. Details about what regulations the drafting of such a charter is regulated and what requirements are imposed on it, we will describe in the article below.

The charter of SNT under the new law No. 217-FZ (instead of the law No. 66-FZ in force in 2018)

In accordance with the requirements of Art. 52 of the Civil Code of the Russian Federation, the charter is the main constituent normative document. It is he who determines the basic norms that govern the activities of a particular partnership - accordingly, his instructions are binding on all participants in the organization, as well as its governing bodies.

Requirements for the charter of horticultural non-profit partnership in 2018, Art. 16 of the law "On horticultural ..." dated April 15, 1998 No. 66-FZ. However, practitioners should remember that this law will cease to be valid from 01/01/2019, after which the law "On maintaining ..." dated 07/29/2017 No. 217-FZ will regulate the activities of the SNT.

Article 54 of the new law No. 217 does not establish strict requirements for the timing of bringing the charters of such partnerships established before 01/01/2019 into compliance with the new legislation, however, it determines that legal status From that moment on, SNT should be regulated by the new law No. 217. Thus, the speedy bringing of the charter of existing SNTs in accordance with law No. 217 is in the interests of the members of the partnership themselves.

It should be noted that from 2019, both gardening non-profit partnerships and horticultural non-profit partnerships will operate. Both of these organizational and legal forms are types of associations of property owners (clause 3, article 4 of law No. 217).

Considering the significant time required for the preparation of documentation and the creation of SNT, as well as the need to adjust the charters of already existing SNTs from 01/01/2019, we will focus in the article on the provisions of the already new law No. will be prepared according to the new rules.

Requirements for the charter of a gardening partnership

The list of information that should be reflected in the charter of the SNT is enshrined in Art. 8 of law no. 217.

These include:

the name in which it is necessary to indicate the organizational form of the partnership;
legal address of the partnership;
goals and object of functioning of the organization;
acceptance procedure management decisions, list governing bodies, their competence, the order of their work;
regulations for admission to and withdrawal from the SNT, as well as requirements for maintaining a register of existing gardeners;
legal status of a member of the SNT (rights, obligations);
the procedure for paying fees, the powers of the SNT to collect them in court;
auditor's workflow or audit commission;
order of creation (acquisition) common property SNT;
the procedure for informing members of the SNT about the activities of its bodies;
the basics of the relationship of the SNT with gardeners whose plots are located within the SNT, but who are not members of it;
decision-making procedure by means of absentee voting;
the procedure for reorganization and (if necessary) liquidation of the partnership;
procedure for amending the statute.

Preparation of the charter according to the requirements of the new law No. 217

According to Art. 10 of Law No. 217, the charter is adopted at a general organizational meeting of founders, the number of which must be at least 7 (the maximum number of founders is not limited by Law No. 217). In the future, after the registration of the SNT, its founders become members of the partnership and have equal rights with other participants in the organization.

When adopting a statute, attention should be paid to the following issues:

According to Art. 4 of Law No. 217 SNT is a type of association of property owners. This is based on the requirements of Art. 123.12 of the Civil Code of the Russian Federation, means that the phrase "horticultural non-profit partnership" must be included in the name of the organization.
The purposes of establishing a partnership are listed in Art. 7 of law no. 217.
The rights, duties and responsibilities of the participants in the partnership are listed in Art. 11 and 14 of Law No. 217. Also, these articles outline the procedure for informing them about the activities of the SNT, ways to obtain copies of decisions and documents of the partnership.
The issues of accepting new comrades in the SNT are regulated in Art. 12 of Law No. 217, exit procedure - Art. 13 of law no. 217.
The procedure for calculating and paying contributions, as well as the measures of responsibility for their non-payment are indicated in Art. 14 of law no. 217.
Matters relating to the acquisition and management of property common use, regulated by Art. 24-25 of law no. 217.
The order of relations with citizens who are not members of the SNT is determined by Art. 5 of law no. 217.
The powers of the comrades to reorganize and liquidate the SNT are provided for in Art. 27-28 of law no. 217.

Partnership Management

According to Art. 16 of law no. 217 supreme bodies SNT management is general meeting its members. The competence, the procedure for holding a meeting and voting on the most important issues for the organization are indicated in Art. 17 of law no. 217.

Don't know your rights?

Also in SNT, in accordance with the requirements of Art. 16 of Law No. 217, the chairman (sole body) and the board (collective body) elected by the members of the SNT for the period specified in the charter (but not more than 5 years) must be present. The competence and procedure for making decisions by the chairman of the SNT and the board are listed in Art. 18 and 19 of law no. 217.

Control powers over the activities of the chairman and board of the SNT, in accordance with Art. 20 of law No. 217, possesses the auditor. This person accountable to the general meeting of members of the partnership, the procedure for his election and work must be determined by the charter. At the same time, Law No. 217 leaves these issues to the discretion of the SNT participants.

Issues of record keeping in SNT, according to Art. 21 of Law No. 217, are within the competence of the chairman. It is he who is responsible for the storage of documents and the seal of the SNT, and is also authorized to make extracts, copies of documents at the request of state bodies and participants in the partnership.

The new charter of SNT 2019: sample, legal and technical design

Practitioners need to remember that technical requirements the charter is not presented by the current legislation. In connection with what this document must comply only with generally accepted rules of legal practice.

In particular, when drawing up the charter, it should be remembered that the first page is allocated as a title page and, unlike subsequent pages, is not numbered. All charter sheets are stitched, their number is indicated on the back of the last sheet.

The text of the document should be structured into sections/chapters/articles, each/each of which regulates one of the issues of the organization and activities of the SNT. In turn, the section/chapter/article is divided into smaller structural units (paragraphs or parts), which include separate prescriptions.

So, the first section of the charter is usually devoted to general provisions, where the following points are indicated as points:

name of SNT;
snt status as legal entity;
location, etc.

Since it makes no sense to draw up a sample of the new charter of the SNT in 2018 (changes to the legislation come into force only in 2019), we offer for download a sample of the charter of 2019, prepared taking into account the requirements of Law No. 217 and generally accepted rules of legal practice. Note that this document is exemplary, i.e. in each specific situation, it must be adapted to the requirements and specifics of a particular SNT.

Summing up, we note that the charter of the 2018 horticultural non-profit partnership is drawn up in accordance with the requirements of Law No. 66, and the new requirements for its preparation will apply only in 2019 with the entry into force of Law No. 217. The norms of Law No. 217 define fairly clear and specific requirement to the charter of SNT. To prepare a legally and technically competent charter for any specific SNT, our article and an example of a document offered at the link above will help.

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Gardening partnerships are quite common in our country and are a form of development of suburban areas for the purpose of farming and recreation. This area is regulated by law and has a number of features and characteristics.

What is a garden association?

Horticultural partnership(ST) is a special organization of a legal nature that has certain obligations to the state and is formed from members.

Associations of gardeners were formed in the USSR. Obtaining land for horticultural work and construction country house in those days it was possible only by joining the ST.

The concept of a horticultural partnership is established Civil Code of the RSFSR from 1922. These legal entities were endowed with a number of rights and obligations:

They were land users.
They collected fees and utility bills from the participants.
Produced construction works for the contributed funds.

The size of the allocated land was limited to 6-8 acres, the allowed area for building a house did not exceed 15% of the total, the remaining territories were given over to gardens and orchards.

Land Code of the RSFSR 1991 stipulated that STs could only own land for common use.

The existence of garden partnerships now falls under. According to it, the early form is being transformed into a horticultural non-profit partnership (SNT).

Ownership varies two kinds:

Collective - roads, passages, reservoirs, communications.
Private - plots of participants in the association.

SNT has title documents for the use of land:

perpetual use;
transfer of land to the partnership.

Federal law regulates the transfer to gratuitous basis.

SNT has a certain legal status:

owns property;
maintains an estimate of the funds spent and received;
can open accounts in various banks of the Russian Federation;
may have its own symbols and paraphernalia, seal, emblem, letterhead.

The association has a number of powers:

Achieve goals by methods that do not quarrel with the charter or legislation.
Responsible for actions and obligations with your property.
Attract loans for various needs cash.
Conclude employment and other contracts with individuals or companies.
Appear in court hearings as a plaintiff or defendant.

Charter of a horticultural partnership

The charter acts as the main document testifying to its establishment (you can view and download it here:). Associations are created on the initiative of citizens, as well as through the reorganization of the ST in the number of three participants. The charter is agreed on assembly founders.

The law obliges the charter to contain the following provisions and orders :

indicate legal form, form of organization;
name and location;
description of the activity;
rules for admission / exit of participants;
SNT and participants;
making various contributions and measures that are taken in case of violation of established procedures;
organization of collective work;
creation of a governing body, indication of powers;
formation of property;
; measures taken in case of violation by the participants of the statutory procedures;
reorganization, liquidation.

The provisions of the charter must be in accordance with the law. As well as the decisions of the board of SNT cannot conflict with the charter.

Rights and obligations

Membership imposes certain powers and responsibilities. The rights include:

Opportunity to be elected to the board of SNT.
Keep abreast of the activities of the top management.
Use your site at your discretion, but for the purposes that are provided for by the intended purpose.
Organize the construction of residential premises, outbuildings. At the same time, it is necessary to conduct construction, realizing the norms and requirements for buildings.
In the event of the alienation of the site or the liquidation of the organization, receive a part of the common property in accordance with targeted contributions, a property share among the share contribution.
In case of decisions of the CNT that infringe on the rights, apply for the recognition of these decisions as invalid in court.
When leaving the SNT, but continuing to use the land on its territory, conclude an agreement on the use of common property on certain conditions.

maintain the site;
be responsible for violations of the law during the operation of the site;
to use the land in accordance with its intended purpose, not to cause damage by its actions environment and other team members;
respect and not violate the rights of other members;
timely pay membership dues, taxes or other fees established by the Federal Law and the charter;
master the site in a period of not more than 3 years;
participation in collective meetings, implementation of decisions that were made during them.

Register of members of a horticultural partnership

The law obliges, after the creation of the SNT, the chairman or other authorized person to create a register of members. This is allotted 1 month. The event includes:

Collection of information about the members of the organization.
Processing of received information.
Its storage and, if necessary, distribution.

The creation and maintenance of the register is subject to regulations. It includes a prohibition on disclosing information to third parties.

The legislation highlights the requirements for the formation of such a list. He should include:

Name of members;
address for receiving shipments (postal and / or electronic is allowed);
information about the plot owned by the participant (cadastral information).

Data changes was introduced in 2016 and until June 2017 all SNTs are required to bring their register into a similar form.

Member responsibilities include:

providing correct data for entry into the register;
message if the data has changed.

Membership fees in the garden association

The Federal Law on garden associations distinguishes several types of contributions that take place in this form of legal organization:

Opening going to paperwork upon entry.
Membership, made periodically and used to pay for work under contracts with outside forces, payment of utility bills, other expenses that are of a regular nature.
Target and shares, which are spent on the creation or purchase of funds for infrastructure, property for the use of all participants.
Additional, the introduction of which is necessary to close the losses incurred in connection with the activities of SNT and approved by the general agreement.

Membership fees are regular. Dimensions are added up based on costs and distributed evenly. The costs include:

payment for water supply;
power supply.

Most organizations have switched to meters, since the use of welding equipment, machine tools, hydraulic pumps and other devices does not fit into the allocated standards. A number of partnerships make prohibitions on the use of powerful electrical appliances and issue permits for their use for a fee. Such restrictions are associated with the low power of the electrical networks connected to most summer cottages and gardens.

The fee also pays for garbage disposal. Bulky debris generated during construction or renovation, members, as a rule, are obliged to remove themselves.

The payment of dues is the responsibility of the members and forms the basis for the existence of such organizations. Non-payment of dues is a good reason for exclusion of the debtor from the members of the SNT.

Conclusion

Horticultural non-profit association acts as a legal entity. It is formed from members who come together for specific purposes.
The activity is regulated by the legislation and the statutory document.
Associations exist on members' contributions, which are spent on organizing work and paying for services.
All documentation is drawn up in accordance with the norms of the law.

The most popular question and answer on the horticultural partnership

Question: SNT did not pay taxes. The local authorities issued an order to liquidate the partnership. How will we, the members, suffer from this?

Answer: The legislation regulates that in the situation of the liquidation of the SNT, the members remain full owners of the plots. It is possible to reorganize the organization before liquidation. To do this, it is necessary to organize a general meeting of members.

Federal law "On the conduct by citizens of gardening and horticulture for their own needs and on amendments to certain legislative acts Russian Federation”(hereinafter referred to as the new law), adopted at the end of July 2017 (No. 217-FZ), even by its name testifies to the changes caused by its appearance. 39 previously adopted legislative acts were subjected to changes and additions at once. Apparently, for this reason, the entry into force of the new law was postponed until January 1, 2019, with the establishment of a transitional period of 5 years from the date of entry into force to complete certain reorganization procedures.

The main goal of the new law, which replaced the Federal Law "On horticultural, horticultural and dacha non-profit associations of citizens" (in this regard, no. somewhere successfully, somewhere not very effectively, 60 million gardeners, summer residents and gardeners work for their own benefit, and this, no less, is almost half of the Russian population.

The most painful problems that cause great criticism, as legislators found out during the preparation of the law, which began in 2014, were the following:

the plurality of organizational forms of dachas and horticultural associations(DNP, SNT, various horticultural and dacha cooperatives and other options, all together representing 9 independent legal forms non-profit associations of citizens created for the purpose of country farming)
malicious extortions in the form of membership and other types of contributions, not uncommon for many horticultural and dacha associations
former administrative persecution for the construction of residential buildings on garden and summer cottages, and, accordingly, the impossibility of registration (registration) in capital buildings erected on the sites, absolutely suitable for living
the high cost of drilling and building water wells in horticulture or in individual areas, the cost of which translates into impressive amounts (from 1 million rubles to 2.5 million rubles) and without which, in the absence of a centralized water supply system, staying at dachas becomes simply unthinkable
the lack of real support from the municipalities for existing and emerging new dacha and garden partnerships to provide them with engineering communications.

How does not the dacha, but the “garden and garden constitution” solve problems?

In order to understand what changes the new law brought and how it affected the life of summer residents, we will review its main provisions, commenting on some features.

New organizational forms of non-profit associations of citizens for country farming

The new law excludes such a legal organizational form associations of citizens as a “dacha non-profit partnership”, in connection with which the Land, Town Planning, Water, Civil Codes, Housing RF, federal laws “On Subsoil”, “On Non-Profit Associations”, “On general principles organizations of local self-government in the Russian Federation”, “On state registration Real Estate”, “On Mortgage (Pledge of Real Estate)”, “On Specially Protected natural areas”, “On Agricultural Cooperation” and a number of other laws have already been introduced and will be further amended accordingly.

The use of the concept of dacha partnerships should completely disappear in 1.5 years, but it is unlikely that the words “dacha” and “dacha residents” habitual to hearing will disappear from the everyday vocabulary during this time. Well, they are very family. Historically introduced into life since the time of Peter I, who granted his entourage for their great services to the Fatherland land for estates in the magnificent environs of St. Petersburg, they came into use through the word "dacha", meaning the action of the king (as a derivative of the verb "give").

The new law eliminated the artificially formed and still existing distinction between dacha and horticultural associations, created in accordance with the already mentioned Federal Law “On horticultural, gardening and country non-profit associations of citizens” and established only 2 types of legal status for suburban associations of citizens:

horticultural non-profit partnerships (SNT)
horticultural non-profit partnerships (ONT)

The rights of individuals who do not wish to enter into a partnership are set out below. In the meantime, let's look at what's new in SNT and ONT.

A horticultural non-profit partnership and a horticultural non-profit partnership are types of partnerships of real estate owners.

New garden and garden plots, as before, are formed from the lands of settlements or from agricultural lands. Each garden or horticultural land plot may be included within the boundaries of only one horticultural or horticultural area.

Gardening or horticulture on garden or garden plots located within the boundaries of the territory of the partnership can be carried out by the right holders of the plots in the following organizational and legal forms:

with partnerships,
without partnerships.

In accordance with the new law, it is established that an association can be formed with a minimum number of members of 7 people (part 2 of article 16 of the new law). If the requirement for the number of members of the partnership is not met, then such a non-profit association may be liquidated by a court decision:

at the suit of the state authority of the constituent entity of the Russian Federation,
at the claim of the local government at the location of the territory of horticulture or horticulture,
at the claim of the owner or right holder of a garden or garden plot located within the boundaries of the territory of horticulture or horticulture.

Upon liquidation of the partnership, the property of the general use of the partnership (with the exception of real estate of common use, owned by the partnership and remaining after the satisfaction of creditors' claims), is transferred to the owners of plots located within the territory of the SNT or ONT:

in proportion to their area,
regardless of whether these persons were members of an association (paragraph 1 of article 28 of the new law).

The law also defines provisions regarding:

grounds and procedure for admission to membership in the partnership,
rights and obligations of members of the association,
grounds for termination of membership;
the rights and obligations of the governing body of the partnership,

to which several chapters and articles of the law are devoted, including Article 8, which reveals the main provisions of the Charter of the partnership.

The supreme body of the partnership is the general meeting of its members. It is valid if more than 50% of the members of the partnership are present at the meeting. Decisions of the general meeting of members of the partnership are taken by a qualified majority of at least 2/3 of the votes of total number members present at the general meeting.

The management body of each of the new types of partnerships is, in general, the same body, but with partially changed powers:

chairman, representing the sole executive body,
Board, which is a permanent collegial executive body with a maximum number of at least 3 people, but not more than 5% of the number of members of the partnership, which not only creates a certain convenience in the “management” of the board itself by the members of the partnership, but also reduces the amount of membership fees for the maintenance of the board with a reduced number,
audit commission (auditor), accountable to the general meeting of members of the partnership.

The board of the partnership is accountable to the general meeting of SNT or ONT. The management body will be elected for 5 years already, and not for 2 years, as it is now and until 01/01/2019. Despite the noticeably longer term of its powers, by decision of the general meeting of the members of the partnership, it will be possible to remove the chairman or negligent members of the board for the careless work and be re-elected at any time.

A meeting of the board of an association is competent if at least half of its members are present. Decisions of the board of the association are made by open voting by a simple majority of votes of the members of the board present. In case of equality of votes, the vote of the chairman of the association is decisive.

Possibility of changing SNT to HOA

By decision of the general meeting of members of the SNT, the owners of garden plots have the right to change existing view associations for a homeowners association (HOA). The organizational and legal form of the partnership of property owners in this case does not change, but the main requirement for such a procedure is the compliance of the HOA with the norms of the housing legislation of the Russian Federation, which regulates creation of HOA while meeting the following conditions:

the gardening area is located within the boundaries of the settlement,
residential buildings are located on all garden plots located within the boundaries of the gardening area.

Changing the type of horticultural non-profit partnership (SNT) to a homeowners association (HOA) is not considered a reorganization (paragraph 2 of article 27 of the new law).

The possibility of changing SNT or ONT to another type of activity of the partnership

A horticultural or horticultural non-profit partnership may change the type of activity, again by decision of the general meeting:

for the production, processing and marketing of crop products,
other activities not related to horticulture and horticulture and allowing the creation of a consumer cooperative.

The creation of a production cooperative is a reorganization of the former organizational and legal form of SNT or ONT (paragraph 1 of Article 27 of the new law), which means that it requires changes to the USRN.

Is it necessary or not to change documents for legalized buildings during the transition period and after?

For the transitional period, which will last for 5 years, that is, until January 1, 2024, the new law defines the following provisions:

DNP, dacha cooperatives, dacha farms, horticultural partnerships and other non-profit organizations of citizens created before January 1, 2019, do not need to be reorganized.
From January 1, 2019, the requirements of the new law will apply to all previously created horticultural or dacha non-profit partnerships, as well as horticultural non-profit partnerships, even before their charters are brought into line with the new law:
1. or in accordance with the provisions on horticultural non-profit partnerships,
2. or in accordance with the provisions on horticultural non-profit partnerships.
Bringing the constituent documents of horticultural or dacha non-profit partnerships and horticultural non-profit partnerships created before the introduction of the new law is carried out after the entry into force of the new law through the introduction of changes:
1. V founding documents(legal, charter and other documents) and registration of these changes in the USRN,
2. changing the names of non-profit associations is not required, but can be carried out at the request of interested parties,
3. changing the names does not require changes in title and other documents containing their former names.
Buildings on garden plots registered in the USRN before January 1, 2019 with the designation "residential", "residential building" are recognized as residential buildings:
1. replacement of previously issued documents with those registered in the USRN before 01.01. 2019 buildings or amendments to documents for them, changes in the USRN records, as well as replacement of the names of real estate objects are not required,
2. replacement of documents and names of buildings can be performed at the request of the right holders of real estate objects.
Non-residential buildings located on garden plots, buildings for seasonal use, intended for recreation and temporary stay of people and not being outbuildings and garages, registered in the USRN before 1.01. 2019, are recognized as garden houses:
1. replacement of previously issued documents with those registered in the USRN before 01.01. 2019, these buildings or amendments to the documents for them, changes in the USRN records, as well as replacement of the names of objects are not required,
2. replacement of documents and names of the listed buildings can be performed at the request of their right holders.

Register of partnership members

The distribution of plots among the members of the partnership is carried out on the basis of a decision of the general meeting of members of the partnership in accordance with the register of members of the partnership.

Garden and garden plots of land, which are in state or municipal ownership, are provided to citizens free of charge in cases established by federal laws, laws of the constituent entities of the Russian Federation.

The register of members of the partnership must be formed within 1 month from the date of state registration of the SNT or ONT in the USRN (Article 15 of the new law). The register is created by the chairman of the partnership or an authorized member of the board.

The register of partnership members contains the following information:

about the members of the association,
cadastral (conditional) number of each land plot, the owner of which is a member of the SNT or ONT (after the allocation of land plots between the members of the partnership).

Members of the partnership are obliged to provide reliable information necessary for maintaining the register, and promptly inform the chairman of the partnership or an authorized member of the board of changes in information.

Failure to comply with the requirement to provide information, a member of the SNT or ONT bears the risk of imposing on him the costs of the partnership associated with the lack of up-to-date information in the register.

The principle of territorial subordination of partnerships

The law introduced the principle of territorial subordination, which prohibits the operation of several partnerships with a common infrastructure and one common area on the same territory. In other words, Garden community cannot appear inside the garden.

The purpose of introducing this principle is quite obvious:

exclusion of situations of “pulling” advantages in using, for example, a transformer box owned by one legal entity and a fire reservoir owned by another legal entity, that is, located on the territories of different legal entities (partnerships), but providing electricity and water to each of these partnerships ,
establishing legal relationships between partnerships for the use of engineering infrastructure and common areas,
management of common property within the boundaries of the territory of gardening or horticulture can be carried out by only one partnership.

Since the introduction of the new law into force, the owners of garden or garden plots located within the boundaries of the territory of the SNT or ONT have the right to create only one horticultural or horticultural non-profit association. Its boundaries should be determined in accordance with the territory planning documentation:

prior to its approval by the municipal authorities, the documentation on the planning of the territory must be approved by the decision of the general meeting of the members of the partnership,
preparation and approval of a territory planning project for a gardening partnership is not required, and the establishment of the boundaries of garden land plots and the formation of garden land plots and land plots general purpose within the boundaries of the territory of the ONT are carried out in accordance with the approved project of surveying the territory.

The boundaries of the territory of horticulture or horticulture, when preparing documentation for the planning of the territory for the partnership, include land plots that simultaneously meet the following requirements:

the plots are owned by the founders of the partnership,
plots constitute a single, inseparable element of the planning structure or a set of elements of the planning structure located on the territory of one municipality.

When forming new horticulture and horticulture and preparing documentation for the planning of their territory, the boundaries of their territories also include:

plots that are in state or municipal ownership and not provided to citizens and legal entities (their total area must be at least 20% and not more than 25% of the total area of garden or garden land falling within the boundaries of the horticulture or horticulture area),
plots and territories of common use, determined in accordance with land legislation and legislation on urban planning activities(the formation of general-purpose land plots is carried out in accordance with the approved land surveying project).

It is prohibited to establish the boundaries of horticulture or horticulture territories that restrict or terminate free access from other land plots to common areas, or to public land plots located outside the boundaries of the territories of partnerships being formed.

Common property in SNT and ONT

One of the tasks of SNT and ONT is the management of common property located within the boundaries of the territory of gardening or horticulture and owned by members of the partnership.

To the property of common use, located within the boundaries of the territories of horticultural or horticultural associations, includes real estate that simultaneously meets the following 2 conditions:

the property was created or acquired after the entry into force of the new law,
this property belongs to the owners of land plots on the basis of the right of common shared ownership in proportion to the areas of their plots.

Such property represented by objects capital construction and general purpose land plots, used exclusively for the needs of gardeners and gardeners.

The list of needs includes:

passages and driveways to the territory
supply of heat and electricity, water, gas
drainage
security
collection of municipal solid waste and other needs
movable things created (created) or acquired for the operation of a horticultural or horticultural non-profit partnership

General purpose land plots related to common use property are formed during the development of documentation for the planning of the territory of gardening or horticulture.

Owners of land plots located within the boundaries of the territory of horticulture or horticulture use general-purpose land plots for passage and travel to their land plots on the following conditions:

free,
without charge.

No one has the right to restrict the access of right holders of plots to their land plots.

The main goals of creating public property by the new law include:

use by all right holders of land plots located within the boundaries of the SNT or ONT territory for their own needs,
placement on common areas of other common property (for example, sports or children's playgrounds. their equipment, etc.).

Common property of an SNT or ONT may also belong to the partnership on the basis of ownership or other right permitted by civil law.

After registration of the partnership in the USRN, the owners of the plots included in it can decide at a general meeting with the presence of 100% of the members of the SNT or ONT on the desire to acquire shares in the common property in the property, moreover, free of charge and without allocating a share in kind.

After registration in the Unified State Register of Real Estate Rights of ownership of a share of common property on the territory of the partnership, each of the owners of such a share inevitably increases its tax base.

By decision of the general meeting of members of the SNT or ONT, public property can be transferred free of charge to the municipality or to the state property of the constituent entity of the Russian Federation in whose territories the partnership operates, subject to the following conditions:

the general meeting of the members of the partnership decided to transfer the property,
property, by law, may be in state or municipal ownership,
there is the consent of all owners of garden and garden plots who have issued the right of common shared ownership of common property for its transfer to the municipality or state property.

Execution may not be levied on immovable property of common use owned by the partnership. In the event of liquidation of the partnership, such property is transferred free of charge to the common shared ownership of the owners of garden or garden plots of land located in SNT or ONT, in proportion to their area. The transfer is made regardless of whether the owners were members of the partnership (paragraph 2 of article 28 of the new law).

Transactions with shares in the right of common ownership of common property

In transactions with garden and garden plots, accompanied by the transfer of ownership of these real estate objects, the share in the right common property on public property from the previous owner passes to the new owner.

The owner of a share in the right of common ownership of common property does not have the right to:

alienate a share separately from the ownership of your garden or garden plot,
perform actions that entail the transfer of a share separately from the ownership of one's garden or garden plot.

The terms of the agreement under which the subject of the transaction appears:

transfer of ownership of a garden or vegetable garden land plot without transferring a share in the right of common ownership to common property,
transfer of ownership of a share in the right of common ownership of common property without transfer of the right to a garden or garden plot of land,

are void (if the owner of the garden or garden plot owns such a share).

Contributions to SNT and ONT

The new law establishes only 2 types of contributions that must be made by members of the SNT or ONT in a bank to the settlement account of the partnership (Article 14 of the new law):

membership
targeted

You won't have to pay an entry fee.

The lists of tasks for which contributions can be spent are limited. So, membership fees can be spent exclusively on the economic needs of the partnership related to the following tasks:

with the maintenance of the common use property of the partnership, including the payment of lease payments for this property,
with settlements with supply organizations - suppliers of heat and electricity, water, gas, sanitation on the basis of contracts concluded with these organizations,
with settlements with the operator for the treatment of municipal solid waste on the basis of agreements concluded by the partnership with these organizations,
with landscaping for general purposes,
with the protection of the territory of horticulture or horticulture and the provision of fire safety within the boundaries of such territory,
with the audits partnerships,
with payment wages members of the management board with whom the partnership has concluded employment contracts,
with the organization and holding of general meetings of the members of the partnership, with the implementation of the decisions of these meetings,
with the payment of taxes and fees related to the activities of the partnership, in accordance with the legislation on taxes and fees.

Concerning earmarked contributions, then the possibilities of their spending are more diverse. They are associated with the following tasks:

with the preparation of documents necessary for the formation of a land plot that is in state or municipal ownership, in order to further provide such a land plot to the partnership,
with the preparation of documentation for the planning of the territory of horticulture or horticulture,
carrying out cadastral work to enter into the Unified State Register of Real estate information about garden or garden land plots, general-purpose land plots, other real estate objects related to public property,
with the creation or acquisition of common property necessary for the activities of the partnership,
with the implementation of measures outlined by the decision of the general meeting of members of the partnership.

The total annual fee will be equal to the sum of the annual targeted and membership fees of a member of the partnership.

The obligation to make contributions applies to all members of the association. In case of evasion of payment of contributions, they are collected by the partnership from a member of the SNT or ONT in a judicial proceeding.

Those individual gardeners and gardeners who did not wish to become members of the SNT or ONT are now required to pay contributions on an equal basis with members of partnerships (Article 5 of the new law). Non-payment is fraught with the same consequences as for members of the SNT or ONT. This is one of the differences between the new law and the previous law on summer residents, which allowed individuals to pay for the use of various resources (electricity, water, gas, if it is connected, as well as for garbage collection and security) in an amount less than that of members. partnerships, and not pay contributions to the salary of the chairman and members of the board of the SNT or ONT. Under the new law, individuals also have other rights - the opportunity to participate in general meetings of members of partnerships, to vote on issues of establishing the frequency and size of contributions. No, still, only the right to participate in the election of the chairman and members of the board.

The charter of the SNT or ONT may provide for cases of changing the amount of contributions for individual members of the partnership, taking into account:

different volume of use of common property depending on the size of the garden or garden plot,
the total area of real estate objects located on such a land plot,
the size of the share in the right of common shared ownership of the land plot or real estate objects located on it.

In general, contributions are determined based on income and expenditure estimate partnership and financial and economic justification approved by the general meeting of members of the partnership. Also, the charter may establish the procedure for collecting and the amount of penalties in case of late payment of contributions. Failure to pay penalties, as well as non-payment of contributions, entails their recovery in court.

What is allowed to build on garden and garden plots?

New construction of capital residential buildings for permanent residence, according to the introduced law, is allowed only on garden plots and only if such land plots are included in the territorial zones provided for by the land use and development rules (LZZ), for which:

urban planning regulations approved,
in accordance with urban regulations, limiting parameters of permitted construction have been established.

Although the construction of residential buildings on the garden plots of residential buildings was allowed even before the entry into force of the new law, registration in them turned into “Sisyphean labor” with a positive result only by a court decision that recognized the residential building as capital and suitable for permanent residence.

The new law not only completely legalized such construction, but also the registration of its inhabitants in a residential building, even if it was built or will be built in the future on a plot of 6 acres.

In addition, the new law has simplified the procedure for transferring an existing garden (that is, non-capital construction) house to a permanent residential building and vice versa.

Garden plots should be used only for growing fruits and vegetables, but, nevertheless, outbuildings can be erected on them.

Those developers of garden plots who managed to build on them, as Federal Law 66 (Article 33) allowed, “non-capital residential buildings” and even register their ownership in the USRN, were just lucky, because according to the new law they will not be considered unauthorized construction. Such cases affected, in particular, sites and buildings on lands allocated at one time by the Ministry of Defense.

To avoid ambiguous interpretations about plots and buildings on them, about common property and contributions that will be used from January 1, 2019, all concepts are specially deciphered in the law (Article 3 and Article 23 of the new law):

garden plot- one that is intended for recreation of citizens and (or) cultivation by citizens for their own needs, crops with the right to place garden houses, residential buildings, outbuildings and garages
garden house- a building for seasonal use, designed to meet citizens' domestic and other needs related to their temporary stay in such a building (garden houses can be built without any permits and approvals)
residential building (object of individual housing construction) - in the case when land plots are included in the territorial zones provided for by the land use and development rules, in relation to which urban planning regulations have been approved, providing for the possibility of such construction (Article 23 of the new law with accompanying explanations), while:
1. a residential building is understood to be a stand-alone building with no more than 3 above-ground floors, no more than 20 m high, which consists of rooms and premises for auxiliary use, designed to meet citizens' domestic and other needs associated with their living in such a building, and not intended for division into independent real estate objects,
2. no later than 1 month from the date of completion of construction or reconstruction of an individual housing construction or garden house, the developer must submit to the local government a notification of the completion of construction or reconstruction (article 16 of the Federal Law No. 340-FZ, as well as parts 16-21 of article 55 of the Town Planning code of the Russian Federation),
outbuildings- sheds, baths, greenhouses, sheds, cellars, wells and other structures and structures (including temporary ones) designed to meet citizens' domestic and other needs
garden plot of land- one that is intended for recreation of citizens and (or) cultivation by citizens for their own needs of agricultural crops with the right to place outbuildings that are not real estate objects intended for storage of inventory and harvest of agricultural crops,
common property- located within the boundaries of the territory of gardening or horticulture for their own needs by citizens:
1. capital construction projects,
2. general purpose land,
3. movable things created (created) or acquired for the operation of a horticultural or horticultural non-profit partnership;

public property (passage, passage, supply of heat and electricity, water, gas, sewerage, security, collection of municipal solid waste and other needs) is used exclusively to meet the needs of citizens engaged in horticulture and horticulture;

general purpose land plots- land plots that are public property:
1. such sites are provided for by the approved documentation for the planning of the territory,
2. such plots are intended for general use by the right holders of land plots located within the boundaries of the territory of gardening or horticulture by citizens for their own needs,
3. such plots may be intended for the placement of other common property;
contributions- funds contributed by citizens who have the right to participate in the partnership (members of the partnership) to the settlement account of the partnership for the purposes and in the manner determined by this Federal Law and the charter of the partnership;
the territory of gardening or horticulture by citizens for their own needs(hereinafter - the territory of gardening or horticulture) - the territory, the boundaries of which are determined by the approved documentation for the planning of the territory.

On the construction of water wells on garden and garden plots

With regard to the construction of water wells in garden and garden plots, in accordance with the new law (Article 31), amendments were made to the Federal Law "On Subsoil".

The Law "On Subsoil" is supplemented by Article 192, according to which:

Horticultural and horticultural non-profit partnerships and right holders of garden or vegetable garden plots located within the boundaries of their SNT or ONT territories are granted the right to use a subsoil plot of local importance for the extraction of groundwater used:
1. for the purposes of household water supply,
2. for personal, domestic and other tasks not related to the implementation of entrepreneurial activities,
groundwater extraction can be carried out in a simplified manner:
1. without conducting a geological study of the subsoil,
2. without conducting a state examination of mineral reserves,
3. without geological, economic and environmental information about the subsoil plots provided for use,
4. without coordination and approval of technical projects and other project documentation for the performance of works related to the use of subsoil,
5. without providing evidence that the partnerships have or will have qualified specialists, the necessary financial and technical means for efficient and safe work.

The main requirement for the construction of wells is the need to comply with the rules for the protection of groundwater bodies, as well as the basic requirements for rational use and protection of subsoil.

Thus, non-profit organizations established to conduct horticulture, horticulture or dacha farms before the entry into force of the new law have the right to extract groundwater for domestic water supply of the indicated non-profit organizations until January 1, 2020 without obtaining a license for the use of subsoil. requirement for compulsory licensing wells will come into force on January 1, 2020.

Forms and procedure for support by public authorities and local self-government of horticulture and horticulture

The new law (Article 26) introduces the obligation of municipalities to develop their municipal and investment programs to support horticulture and horticulture, providing, in addition to educational work to popularize horticulture and horticulture or the introduction of special units involved in the implementation of regional and municipal policies to support horticulture and horticulture, the decision important tasks such as:

organizing the supply of partnerships with heat and electricity, water, gas, sewerage, fuel supply,
financing of complex cadastral works in relation to cadastral quarters within the boundaries of which gardening or horticulture areas are located,
gratuitous acquisition into state ownership of a constituent entity of the Russian Federation or municipal property property of common use (roads, electric grid facilities, water supply, communications and other objects) located within the boundaries of the territory of horticulture or horticulture - in accordance with the statements of the partnership or participants in common shared ownership of property of common use property,
granting, as a matter of priority, state and municipal support to citizens who have the right to an extraordinary, priority or other preferential purchase of garden and orchard plots,

State authorities of the constituent entities of the Russian Federation and local governments have the right to support the development of horticulture and horticulture in other forms established at the local level in accordance with the legislation of the Russian Federation.

For these tasks, the authorities have the right to use federal budget funds.

Registration in garden houses

Until January 1, 2019, it was possible to register in a dacha only by a court decision, which was supposed to recognize the house as capital, suitable for permanent residence.

After January 1, 2019, registration of citizens will be possible provided that the building is located on garden plot and registered in the USRN as a residential building.

It is not possible to register for permanent residence in the garden house.

Recognition of a garden house as capital and suitable for permanent residence may equate it, by appointment, with an individual residential house, which, in turn, may mean its status as a second residential property.

In connection with this circumstance, in addition to the appearance of a full-fledged tax on such a property, those people who built it can be evicted from the apartments where they permanently reside under social tenancy agreements and excluded from the queue for housing.

But the initial situation seems to be more “interesting” - the procedure for transferring a garden house to a housing stock is currently not fully defined. When the government will clarify it is also not clear.

Collisions between the new law and other laws

First collision

The new law defines 2 new types of partnerships (SNT and ONT), and in accordance with the Civil Code of the Russian Federation (Article 123.12), the creation of such a partnership as TSN is allowed only for those citizens who also own a plot of land that owns a share in public property, which includes roads, electricity, water supply, etc.

Common property, as defined by the new law, may or may not belong to a partnership. or, by decision of the general meeting of gardeners or gardeners, it can be transferred free of charge to local municipalities and state authorities. In other words, with such a transfer of common property, its owners deprive themselves of the right to solve the problems of managing property and developing common areas at their own discretion.

Second collision

In accordance with the law "On Registration of Real Estate" (No. 218 FZ), the only confirmation of ownership of a property is an entry in the Unified State Register of Real Estate. To date, at least 50% of gardeners and gardeners in Russia have not yet taken care of this record and have limited themselves to only possessing such documents as:

membership books confirming only participation in the general land allocation for gardening (horticulture) or the purchase of plots made much earlier on such rights,
old certificates, resolutions of heads of administrations on the provision of land plots for ownership, any state acts on the provision of land plots.

The percentage of such owners in the total mass of summer residents and gardeners is very high. For example, in St. Petersburg in 2017, there are 300 horticulture and horticulture, but only about 100 of them registered their land in ownership. In the Leningrad Region, where there are over 3,000 such partnerships, the percentage of non-privatized land is much higher.

Even if the plots were previously put on cadastral registration and they were assigned cadastral numbers as previously registered in the State Property Committee before 2008, then, without being included in the USRN, as required by Federal Law No. 218 (paragraph 3 of article 70), which entered into force on January 1 2017, such sites should be removed from cadastral registration be recognized as ownerless and become the property of municipalities. The users and owners of such plots, therefore, will regularly join the ranks of those poor fellows who still admire their gardening membership books.

As a result, it turns out that “extra” summer residents, gardeners and gardeners fall out of the field of view of the new law, and that a very small number of people have the right to create SNT and ONT, and only those who not only made an entry about the ownership of the plot in the register (EGRN ), but also owns, as required by the new law, also a share in public lands entered into the USRN. And the new law did not establish the procedure for making entries in the USRN relating to horticulture and horticulture. And all this despite the fact that in gardening and horticulture people still have a variety of land documents. The situation is more than reminiscent of the running of a squirrel in a wheel. “Protein” in the bureaucratic wheel, as you know, can be gardeners and gardeners who plan to be in SNT or ONT.

Third collision

The third conflict is related to the variety of interpretations of the article on the possibility of gardening and horticulture without forming a legal entity.

Although the new law introduced an article, according to which horticulture and horticulture without the formation of a legal entity is allowed, nevertheless, it seems to be “vague” and allows for ambiguous perception:

individuals cannot apply for a settlement, which means they will not have to rely on municipal support measures,
individuals “honored” with the obligation to pay contributions and the right to participate in general meetings of the partnership with their votes must “interact with the municipalities”, which, nevertheless, will not create any infrastructure for them (as they say, “the collective farm is, of course, a matter voluntary, but we will not tolerate individuality”).

Fourth collision

We are talking about the provision of shares in common property. According to the new law, all 100% of the owners of plots in SNT or ONT at their general meeting must decide on the desire to purchase shares in public property:

neither the regulations nor the conditions are specified under which such a meeting of land owners in partnerships (not all members of the collective, namely the owners) can be recognized as authorized,
the impossibility in reality of holding a meeting, which must be attended by 100% of the owners of plots in SNT or ONT.

As a consequence of the indicated minuses of the provision on shares in common property, situations that are negative in their consequences are not excluded when:

public land may be in the possession of a legal entity (partnership) and its founders, who, at such general meetings, approve, in particular, estimates, contributions, etc.,
all owners of land plots left “out of distribution” will be required to maintain this legal entity and public property, pay for the acquisition of this property, but they will not become its owners and members of the partnership.

Fifth collision

There is some confusion with the transitional period introduced by the law. The transition period will last until 2024. Related laws will change at this time. At the same time, from the beginning of 2019, SNT and ONT should use their charters only to the extent that they do not contradict the new norms that have changed over the course of 5 years. It is somehow difficult to link together these 2 provisions of the new law, which are mutually exclusive, spelled out as “execution cannot be pardoned.

Lyudmila Golosova, Chairman of the Trade Union of Russian Gardeners, shares her opinion on the new law:

Results of consideration of the bill by the State Duma in the 3rd final reading - adoption of the law

On July 20, 2017, the State Duma adopted in the third, final reading, a law regulating gardening, horticulture and dacha economy for own needs (FZ No. 217-FZ).

The result of the consideration of numerous comments and amendments received during the discussion of the draft law was significant changes reflected in the law.

Let us reiterate the main provisions of the law:

now there will be only 2 types of suburban partnerships:
1. horticultural
2. horticultural,
all partnerships will have to re-register, decide what type they belong to:
1. the decision on who to be (gardeners and gardeners) is made by the general meeting of the partnership,
2. following the results of the general meeting, submit a corresponding application to Rosreestr,

contributions to new SNT and ONT:

contributions can be only of 2 types - membership and target,
there will be no entrance fees
contributions must be transferred to the account of the partnership,
cash contributions are not allowed,
the amount of membership and earmarked contributions is determined on the basis of a financial and economic justification approved by the general meeting of members of the partnership,

the minimum number of members of the partnership is 7,
it is now possible to elect a chairman for 5 years, and not for 2 as before, and an unlimited number of times, and in order to “overthrow” him, an extraordinary general meeting must be held at the request of at least 1/5 of the total number of members of the partnership,
members of the management board of the partnership and their relatives cannot be members of the audit commission,

partnership documents must be kept for 49 years,

members of the partnership have the right to get acquainted with the financial statements,

if copies of some documents are needed, then the members of the partnership can receive them for a fee established by the general meeting, but this fee should not exceed the cost of making these copies, and the issuance of copies of documents to authorities is free of charge,
members of the partnership are obliged to comply not only with the decisions of the general meeting, but also with the decisions taken by the chairman of the partnership and the board of the partnership;
the concept of “residential building” was introduced, excluding the definitions of “cottage”, “ country house”, “cottage farming” - this was done in order to prevent legal uncertainties,
a garden house can be transferred to a residential building (for example, to obtain the right to register in it) and, conversely, a residential building can be transferred to a garden building (for example, to reduce real estate tax), but this or that degree of capitalization of a garden or residential building will have to be justified , in accordance with established requirements and rules,
capital buildings cannot be erected on garden plots - only temporary garden houses that are not real estate objects can be erected on them,
the difference between gardeners and gardeners, according to the new law:
1. gardeners can build residential buildings on the site and register in them,
2. gardeners can only build garden houses for seasonal living,
if the majority of the members of the partnership wish to become gardeners, then it will not be necessary to demolish the already built full-fledged residential buildings (not seasonal), but at the time the law comes into force, the ownership of the buildings must be registered,
if the ownership of residential buildings is not registered, then such houses will have to be demolished, dismantled or rebuilt into garden houses,
owners of plots with unregistered buildings need to know that in the near future it is planned to legislatively establish a five times higher tax on land - a corresponding bill is being developed in this regard (on amendments to tax code, according to which the value of the identified real estate objects will be determined as the cadastral value of the site on which the unregistered buildings are located, multiplied by a certain coefficient),
it has been established that the maximum area of public land (including land plots along which roads are laid and power transmission poles are needed to install a transformer, garbage heap, board house, playground, organization of public spaces between fences, where members of the partnership can walk and communicate) is up to 1/4, that is, 25% of the area that is occupied by all personal land plots taken together,
common property belongs to the members of the partnership on the right of shared ownership in proportion to the area of their plots (for owners of large shares, the tax will be higher, which is unlikely to please them, but for other gardeners and gardeners, this tax situation will probably please, but the joy will be relative, since their taxes: nevertheless, will increase, since you still have to pay for your share of the collective property;
it is allowed to conduct gardening and horticulture without forming a legal entity, and if the right holders of land plots want to be members of the partnership, they are offered such an opportunity by law (both for land owners and for citizens who have the rights of perpetual use or lease of land plots),
the powers and responsibilities of non-profit organizations created for horticulture, horticulture and dacha farming are spelled out:
1. for the convenience of voting, internal-absentee and absentee forms of holding general meetings of members of the partnership are introduced,
2. the opportunity for general meetings of members of the partnership to decide on a voluntary basis on the transfer of part of the common property free of charge ( car roads, power grid facilities, water supply, communications and other facilities) into state or municipal ownership - in other words, collective property, according to the new law, can not be divided into shares, but given entirely to some legal entity (for example, transferring a transformer and power grids companies, and the roads - to the municipal authorities), and such a solution can be very appropriate, since the members of the partnership are relieved of the concern for the maintenance and repair of their collective property,
3. if contributions are not paid for more than 2 months, a member of the partnership may be expelled from the partnership, however, he will still use the common property (electricity, road, garbage) and pay for it the same as the members, having lost only the right to vote at the general meeting,
the concept of “the boundaries of the territory of the partnership” has been improved: it has been replaced by “the territory of gardening or horticulture by citizens for their own needs”, since the size of the common property, which is in common shared ownership and managed by the partnership, depends on the territory of horticulture or horticulture,
the definition of the concept of "property of common use" is concretized, the possible types and purposes of using such property are established, which will reduce the risk of the appearance in partnerships of property not related to its activities,
for persons who are the right holders of land plots, but who have not joined the partnership, the following are provided:
1. the obligation to pay for the acquisition, creation, maintenance, current and major repairs of common property, as well as for services and work on the management of such property in amounts equal to those established for members of the partnership,
2. the right to use common property located within the boundaries of the territory of horticulture or horticulture, on an equal footing and to the extent established for members of the partnership,
3. the right to take part in voting at the general meeting of members of the partnership on issues related to the disposal of public property;
in relation to associations created before the adoption of the law and which are owners of common-use property, transitional provisions provide for the obligation until January 1, 2024 to submit for consideration by the general meeting of members of the partnership the issue of transferring such property to the common shared ownership of land owners,
the procedure for licensing wells of partnerships has been simplified - the requirement for their mandatory licensing comes into effect from January 1, 2020 without obtaining a license for the use of subsoil).

An important merit of the new law lies in the desire to respect the rights of those gardeners who do not want to be members of gardening associations, and those who are in favor of this form of farming. The law has become a document not about legal entities, but about the relationship of citizens who are engaged in gardening and horticulture. It is scheduled to come into effect on January 1, 2019. Until that moment, gardeners, gardeners and gardeners will be in transitional mode, adapting to the new rules.

On the stormy discussion of the bill in the final third reading in State Duma this video shows:

Good to know

What is interesting about the "forest amnesty" for land owners - read
Read about the possibility of building a residential building on farm land.
You can familiarize yourself with the calculation of taxes on real estate objects according to the new rules of 2019.

The new law on horticulture and horticulture comes into force on the first day of 2019, and from that moment on, all legal relations for the management of the former "dacha" economy (and now exclusively horticulture and horticulture, the term "dacha" is not used in the law) are regulated by this particular regulatory act .

Is it necessary in this regard to develop a new SNT Charter from 2019? Last news from lawyers: the charter may not be changed, but it is better to do this, since the new law contains significant innovations. In any case, a legal examination of the current Charter should be carried out. Let's tell you more about how to do it.

Download the charter for SNT 2019 under the new law 217-FZ for free (in good quality) can be downloaded from the link below.

What is the charter of SNT?

Before typing a request on the Internet: “the new Charter of the SNT 2019 - a sample download for free”, you should clearly understand what kind of document this is.

The creation of the Charter is not just a formality for registering a partnership with the Federal Tax Service. This document defines how Team work organizations of horticulturists and gardeners. Therefore, the writing of the Charter should be approached as responsibly as possible.

The law does not regulate many issues strictly, directively, giving the founders of the partnership the opportunity to regulate the procedure for resolving issues in the most effective and convenient way for them. Also, the legislator often uses the wording "unless otherwise provided by the Charter."

For example, the procedure for convening a general meeting is not established in the law, but it is better to prescribe it in the Charter so that there are no disputes and the legality of the decisions of the main body of the SNT is not called into question. Also, if the regulations for absentee voting are not approved in the Charter, decisions made in this way can subsequently be easily challenged. Therefore, it is better to apply the model Charter of the SNT from January 1, 2019, reworking it in accordance with the interests of a particular partnership.

Requirements for the Charter in 2019

The charter of SNT according to 217-FZ should contain (Article 8 of the new law):

full title;
organizational and legal form;
location determined in accordance with the Civil Code of the Russian Federation;
the subject and objectives of the partnership (indicated in Article 7 of the Federal Law-217);
the procedure for managing the SNT, the procedure for the activities of its bodies and their decision-making;
the procedure for admission and exclusion from the membership, the procedure for leaving the SNT;
method of maintaining the register of members;
rights and obligations of members, principles of responsibility;
the procedure for establishing and collecting contributions, liability for failure to fulfill this obligation;
the procedure for the formation, powers and composition of the audit commission;
the procedure for creating common property;
the procedure for amending the Articles of Association;
the procedure for reorganization, as well as liquidation;
the procedure for informing members about the activities of the partnership and its bodies, including financial statements;
the procedure for interaction with "individuals" (who have not joined the SNT), whose sites are located within the boundaries of the partnership;
the procedure for making decisions of the general meeting in the form of absentee voting.

Based on these requirements, it is necessary to conduct a legal examination and make the necessary changes in order to comply with the requirements of Federal Law-217.

Mandatory change

The new law does not contain strict deadlines for making changes, but the first time changes are made to the constituent documents, the Federal Tax Service will require them to be brought into line with Federal Law-217. It should also be taken into account that from 2019 all relations in gardening and horticulture will be regulated by the norms of the new law, the provisions of the Charter that contradict them are considered invalid.

It is not necessary to reorganize a previously created NCO, but this rule does not apply to cooperatives. You can change the name and include in it a “homeowners association” if certain requirements are met (the sites are located within the boundaries of the settlement and residential buildings have been erected on them - Article 54 of the Federal Law-217). It will also be useful to familiarize yourself with the recommendations prepared by the Union of Gardeners.

It must be understood that simply transposing the provisions of the law verbatim into the Charter is the wrong approach. The recommendations of the experts boil down to the following: create your own Charter and competently carry out the procedure for approving the main document.

The draft Charter should be developed by the Board. Then it must be provided in advance for review by all members of the partnership. The final stage is the convening of a general meeting, holding it with the adoption of a decision on the approval of a new version of the Charter on the agenda. The entire procedure must be carried out in strict accordance with the requirements of the current main document of the SNT. The minutes of the decisions of the general meeting must be drawn up.

In 2018, Federal Law-66 on horticulture is still in force, which allows holding a general meeting of members of the partnership in the form of a meeting of authorized representatives. For an SNT with a large number of members, this is a convenient option for convening the main governing body of the partnership. The new law does not provide for a meeting of delegates.

Particular attention should be paid to naming. In accordance with Art. 4 FZ-217 SNT is a type of partnership of property owners. Therefore, according to Art. 123.12 of the Civil Code of the Russian Federation, the name must contain the words "partnership of property owners."

Technical requirements

There are generally accepted rules for the design of statutory documents that are not spelled out in the legislation. The bylaws always have title page, which is not numbered, but is taken into account in the number of sheets. It stands out from common text, since it contains only the name, data on approval and place of adoption.

The charter is structured by sections and chapters. printed version stitched, on the back of the firmware the number of sheets is affixed and the signature of the chairman is put.

Any horticultural community is a legal entity that must have all the mandatory statutory documents. The charter of the partnership is a standard document, which consists of eight sections and describes all the conditions for the activity and functioning of the SNT.

In order to draw up a document correctly and guaranteed to pay attention to all important points, you should use the sample SNT charter for gardeners in the new edition of 2019. This approach will eliminate the problems associated with the impossibility of resolving various issues. We will try to study the proposed document and pay attention to the most significant points. In addition, we will talk about which clauses of the charter are most important when drawing up a document.

The charter is a standard document that must have eight mandatory sections. At the same time, the content of the document can be supplemented with other items, but this is at the discretion of the founders of the community. The first section contains general provisions, which tell about the name of the partnership, about its address and founders.

Further, we are talking about the procedure for organizing the development of the territory and making decisions on various issues related to the use of resources. Some attention is paid to the procedure for making membership dues and joining the partnership. The standard form of the charter should take into account the following points:

duties and rights of each member of the partnership;
community funds and how they are spent;
management bodies of the SNT;
the governing bodies of the association.

The last section assumes the existence of such bodies when it comes to the reorganization or liquidation of the community. In general, it can be noted that a properly drawn up and elaborated document will allow you to successfully organize a garden partnership and its effective work.

Changes made to the procedure for issuing statutory documents

Adopted in July 2017 the federal law, which should enter into force in January 2019. Federal Law No. 217 became a replacement for the old law, Federal Law No. 66, and thereby introduced certain amendments related to the execution of statutory documents and other legal papers.

Article 4 of the new law states that citizens are allocated land plots within the framework of “permitted use” for planting a garden or vegetable garden. This makes it possible to organize only two forms of activity - horticultural and horticultural non-profit partnerships. There are several parameters that allow you to determine the legal form of the SNT. In addition, the new law specifies who has the right to create such associations:

Owners of land plots and garden plots, as well as persons wishing to acquire land in accordance with applicable law, have the right to create non-commercial communities.
Owners of land located within the boundaries of horticulture or horticulture may create only one partnership for the purpose of managing common-use property located within the common territory.
The partnership involves the entry into it only of the owners of real estate.

Based on these provisions, it is important to bring the charter of partnerships into full compliance with the provisions of the new legislative act in order to exclude possible problems in future.

What information should be included in the articles of association?

A sample charter of the SNT can be downloaded for free on any of the specialized sites or on the official legal resource, however, before using such a document, it must be borne in mind that it must contain the following details and data:

Name of SNT.
Organizational and legal form of partnership.
Community location.
Purposes and object of activity of the organization.
The procedure for managing the activities of the SNT, including the powers of various internal organs organizations.
Conditions for admission to membership in the partnership, exclusion from it and withdrawal on a voluntary basis.
Peculiarities of maintaining a register of community members.
Rights and obligations of each participant.
The procedure for making contributions, as well as the responsibility of each of the citizens for making mandatory contributions.
The procedure for the activities of individual bodies of the SNT and the adoption of the necessary decisions.

All these provisions are extremely important and must be present in the charter of the partnership without fail.

How to draw up a charter?

If you have a sample, make new document it will be easy. To do this, it must be taken into account that all citizens who have plots on the territory of horticulture are founders.

The Board, as well as the general meeting of gardeners, is responsible for the adoption and execution of the charter. Two weeks before the meeting, copies of the charter are handed over to the SNT participants for review, after which a meeting is convened and a decision is made on the adoption of the project. In the future, it remains only to officially register the charter with the tax office.

Conclusion

Gardeners who own a land plot can act as founders of the SNT and subsequently draw up a draft community charter. The document must contain all the necessary information that determines the work of the partnership and the individual data of the legal entity. Only in this case the document will have legal significance and legal force.