Re-election of the board of St. Legal problems of garden partnerships
Kindly explain the situation - In our SNT in 2010, the chairman of gardening was killed - by guest workers from their main job - gardening suddenly remained unmanageable! An economical and caring person. He was loved. Three retired midshipmen - we knew them little, but they convinced us that they were military men and would put things in order! and one of them was elected Chairman, and the rest entered the board.
For the first time in 30 years, the government became active and smart. All previous years, the chairmen are thieves, and the board of underdeveloped and obedient chairmen. I was a specialist in the City Development Department for 15 years - well-trained
The lawyer is the consul of this department. Legal specialist. I switched to this horticulture, being the Chairman of the horticulture of the Heads of the APU Lengor of the Executive Committee.
My advice and help was ignored by the Chairman,
Ripped gardeners mercilessly! And the following years went under the banner of land grabs, lies and dues collection illegal and
shameless.
The new board began in 2010 by putting things in order and
this restored against him those who had previously plundered, did not pay, and so on. And he turned cool! And his friend, the midshipman, having gathered the dissatisfied, began a war at the head of this group. He made a seal, approved the list of those who were dissatisfied with it - sued the court about the incorrect selection of the insufficiency of the list - added proxies. The persons were with false signatures and declared the theft of 400t.r.
It dragged on until 2012. The current chairman, having received a court decision, further fuss on forging signatures
stopped due to lack of funds and he got tired. Receded! For two years, gardeners were stuffed with lies - a wife and a sister-in-law walked around the plots, hung bills,
tore up board-meeting poles and
at the same time they collected money from gardeners for membership fees, for electricity, etc. That is, there was a raider seizure! The court recognized him as chairman, 400t.r.
2012, 2013, 2014 and 2015 have passed. There is no quorum at any meeting, He is outrageous. He collects several times more money, or cuts off electricity, gives bribes to the district police officer and keeps with him the person dismissed from the prosecutor's office for not meeting his position, and turns back devil-
impede what he wants. People are afraid, silent and pay. On 10/8/2015, a document was found on the re-registration of our SNT, located in the Kirishsky district in the State Register of Vyborg, with the date of making an entry in the Unified State Register of Legal Entities containing
specified details 2154727040180 . 10/08/2015 TIN 4708012868 KPP 47270001 Date of registration 05/05/2012 - information on registration with the Tax Authority. State Registration Number and date of making an entry in the Unified State Register of Legal Entities 215704105312 11/11/2015
174. The reason for making an entry in the Unified State Register of Legal Entities ... 175. Inspectorate of the Federal tax service in the Vyborgsky district of the Leningrad Region.
Please explain or where to go
In our country, according to the current article of the law with number 22 of the Federal Law, the procedure for choosing a chairman in the SNT is specially established. In order to be able to elect the chairman of a particular partnership, it will be necessary to hold a general meeting of all members of this partnership. Here, it is very important to take into account the fact that at the general meeting, which is held in order to elect the chairman of the SNT, at least 50% of all members of the SNT must be present, otherwise such a decision will be declared invalid.
A certain citizen begins to think about such a moment, what questions will be raised and resolved at the quorum of the SNT. It is possible in practice to consider a case in the judiciary on the recognition of the illegality of a certain meeting or a quorum of the SNT. Such cases are in practice conducted with such a definition that a certain citizen who is directly a member of this partnership has the legal right to be present at the general meeting. Such cases are in practice conducted with such a definition that a certain citizen who is directly a member of this partnership has the legal right to be present at the general meeting. That is, it turns out in such a way that the number of members of the SNT is exactly equal to the number of participants in the quorum of the SNT. This issue must be taken as seriously as possible when considering a variety of issues that are directly related to the general meeting for the selection of the chairman of the SNT of a particular partnership.
How and when is the chairman elected?
When a certain citizen of the Russian Federation has problems and various difficulties in legal terms, then it is recommended to turn to experienced and knowledgeable professionals. It turns out that the number of members of the SNT is exactly equal to the number of participants in the quorum of the SNT. This issue must be taken as seriously as possible when considering various issues that are directly related to the general meeting of a particular partnership. When a certain citizen of the Russian Federation has problems and various difficulties in legal terms, then it is recommended to contact experienced and knowledgeable specialists.
In our country, certain problems and difficulties that are associated with the lack of a quorum of a certain meeting are quite relevant and now they are dealing with this issue more seriously and actively. This can be noticed over the past few years, when the situation in this area began to change quite noticeably in better side.
The general meeting of all members of the SNT will be considered competent when it is attended by at least half of the total number of citizens who are directly included in this partnership. Here it becomes clear that, as a rule, all members cannot gather for a quorum of the SNT due to a large number of various circumstances, but they can send their legal representatives to resolve certain issues. In our country, for a sufficiently long period of time, there was no meeting of the quorum of the SNT for a general meeting of all members of a particular partnership. It is possible in practice to consider a case in the judiciary on the recognition of the illegality of a certain meeting or a quorum of the SNT. Legal professionals are ready to provide professional assistance at the highest level, as well as provide the required advice on any issues that arise in a person in the course of a particular case.
Deadlines for the choice of the chairman of the SNT
Doing this will save you a lot of time and financial resources when you plan to apply to the judicial authorities. Qualified lawyers will help you fill out all the required documentation correctly and as quickly as possible in time, which will increase your likely chances of a positive outcome in litigation. Applying to legal bureaus is a modern and fairly reliable way to protect the legitimate interests of citizens of our country. It is necessary to pay increased attention to this, because the outcome of a particular case may depend on it. When certain documents or evidence are presented to the court, which indicate the fact that the citizens present at the meeting are not members of a certain partnership, then it can accept this circumstance and cancel the decisions of the meeting.
This is possible in such a case when the necessary minimum of members of this partnership was not present at a certain meeting of the partnership and all decisions made may not be recognized. This must be taken into account from various angles and the number of members of a certain partnership who were present at a certain meeting is quite important here in determining the legality of the decisions made after the completion of a certain meeting. As a rule, such general meetings are held at a predetermined time, which must be known in advance to all its members. For this, there is a special resolution of the head of the quorum of the SNT that at the specified time it is planned to hold a general meeting of all members of a particular partnership in order to consider existing issues and make certain decisions on them. If a certain citizen of the Russian Federation has problems and various difficulties in legal terms, then it is recommended to contact experienced and knowledgeable specialists. This kind of action will help to save a lot of time and money when you plan to write an application to the judicial authorities.
Specialists will help you fill out all the required documentation correctly and as quickly as possible in time, which will increase your likely chances of a positive result in legal proceedings. Applying to legal bureaus is a modern and fairly reliable way to protect the legitimate interests of citizens of our country. It is necessary to pay increased attention to this, because the outcome of a particular case may depend on it. Such general meetings are held at a predetermined time for this, which must be known in advance to all its members. For this, there is a special resolution of the head of the quorum of the SNT that at the specified time it is planned to hold a general meeting of all members of a particular partnership in order to consider existing issues and make certain decisions on them. Many citizens ask the question: How to choose the chairman of the SNT according to the law? At a certain meeting, a citizen begins to think about such a moment, what questions will be raised and resolved at the quorum of the SNT.
Legislation of our country
In our country, certain problems and difficulties that are associated with the absence of a certain assembly are quite relevant and now they are being dealt with more seriously and actively. This can be noticed over the past few years, when the situation in this area began to noticeably change for the better. Lawyers will help you fill out all the required documentation correctly and as quickly as possible in time, which will increase your likely chances of a positive result in litigation. Applying to legal bureaus is a modern and fairly reliable way to protect the legitimate interests of citizens of our country. Such general meetings are held at a predetermined time for this, which must be known in advance to all its members.
Here it becomes clear that, as a rule, all members cannot gather for a quorum of the SNT due to a large number of various circumstances, but they can send their legal representatives to resolve certain issues. This is possible in such a case when the necessary minimum of members of this partnership was not present at a certain meeting of the partnership and all decisions made may not be recognized. This must be taken into account from various angles and the number of members of a certain partnership who were present at a certain meeting is quite important here in determining the legality of the decisions made after the completion of a certain meeting.
Important! For all questions of SNT, if you do not know what to do and where to go:
Call 8-800-777-32-63.
SNT lawyers, and lawyers who are registered on Russian Legal Portal, will try to help you from a practical point of view in the current issue and advise you on all issues of interest.
Adopted last summer, federal law No. 217-FZ "On the conduct by citizens of gardening and horticulture for their own needs" clarified the rights and obligations of the chairman of the SNT. They will come into force in 2019. Both the current and the new law endow the general meeting of the partnership with supreme power. Nevertheless, everyone understands that its chairman plays a leading role here.Under the new law, he is elected by the general meeting from among the members of the CNT for a period of not more than 5 years.We list what rights and obligations are imposed on the chairman of the SNT. He has enough of them. Moreover, the decisions taken by the chairman within his powers are binding on all members of the SNT:
- Organizes and presides at meetings of the board at intervals, which is provided for by the charter of the SNT.
- If at a meeting of the board of directors the votes of its members are distributed equally, then the vote of the chairman is decisive.
- Interacts with banks and has the right of first signature on financial documents, if they do not require the approval of the general meeting or the board.
- Makes various transactions. Acts as an employer, concluding and terminating employment contracts.
- Acts as a representative of SNT in government bodies, as well as in legal relations with third parties in court.
- Considers applications of members, partnerships, issues powers of attorney, signs protocols and certifies them with a seal, conducts office work.
- Provides a report on its activities, which is considered and approved by the general meeting of the SNT.
Under the new law, the chairman is charged with other, less responsible duties, such as issuing membership cards. He must also guide by registered mail warning debtors of membership fees about the possible termination of their membership in the partnership. With regard to the creation and maintenance of the register and the preparation of extracts from it, this time-consuming work can be entrusted to any member of the board.
A separate issue in the new law is the salary of the chairman.
Now the general meeting of SNT has the right to determine the terms of its payment. Currently, this issue is being addressed in different ways. Most often, work in an elected position is not considered work and therefore is not paid. New law provides for the need to pay for the work of the chairman, but it is not necessary to conclude an employment contract with him. Moreover, even if the general meeting decides not to pay, it is obliged to discuss this issue with an entry in the minutes. In any case, the difficult work of the chairman will be more effective if he receives money for it, and not just respect and honor.
It is very difficult to manage the affairs of the SNT, and the chairman has more duties than rights. To prevent possible abuses on his part, there is an audit commission. If its members are principled, then they will ask the chairman for any trifle, not to mention the implementation of the decisions of the meetings, the legality of transactions and the safety of common property. Should losses occur in the SNT through the fault of the chairman, then he will have to compensate them together with the members of the board who took part in making the wrong decision.
The duties and rights of the chairman of the SNT are determined by job description, according to which he is hired or dismissed for this position by decision of the board and in accordance with current legislation.
The general meeting (or meeting of authorized persons) elects the chairman for a period of two years. The chairman may have a secretary and a deputy who hold this position until the next election and, in the absence of the chairman, by his order, perform the duties of a manager.
The secretary of the board maintains a file of SNT members and owners who live on the territory of the partnership without being its members - home address, telephone number, data on land documents, family composition.
Members of the board release the chairman from his position only in certain cases:
Upon a written statement of the chairman on the voluntary resignation of his duties.
For regularly refusing to hold meetings of the board if its members insisted on it in writing.
If the chairman does not come to work without good reason more than 10 days, and this fact is confirmed by acts of his absence at office hours and at meetings of the board, the administrative and administrative activities of the chairman for employees of the SNT during this period were also not carried out.
The chairman can also be dismissed for activities that caused financial damage to the organization due to abuse of power for personal gain (this fact must be confirmed by the audit commission).
If the chairman refuses to reporting meeting within the time limits specified by law, and also systematically does not comply with the decisions of general meetings, provided that they are completely legal. The same applies to board decisions. May be fired if denied audit commission to check all the necessary documentation of the partnership.
This list is supplemented or reduced only at general meetings. The chairman is obliged to obey the board of the SNT, being guided in his work by the charter and legislation of the Russian Federation (in particular, article 66 “On horticultural, garden and country non-profit organizations citizens"), as well as decisions of the general meeting and the board. The chairman takes into account in his work and regulations local authorities, if they are related to the activities of the partnership, as well as court decisions, if they have entered into force.
Main official duties chairman
The main responsibility of the Chairman of the SNT is the implementation economic activity in accordance with and within the limits provided for by the charter of the partnership and the federal law of 15.04.1998. No. 66-F3 (with additions).
The chairman must know:
The provisions of the legislation of the Russian Federation that regulate the economic and legal activities of SNT.
Rules of internal labor regulations of the organization.
Rules and norms of labor protection, rules fire safety, civil defense and safety regulations.
Technical and project documentation partnerships, contractual documents on the supply of public services.
The chairman himself observes and controls the observance by all personnel (accountant, cashier, electrician, security guard) of internal regulations and job duties, as well as sanitary norms and labor protection rules.
The chairman is obliged to carry out and ensure that all employees comply with the orders of the board of the SNT. As soon as the board or the general meeting elects a chairman (with the execution of the relevant resolution), the chairman can begin his official duties. Its powers are determined by the charter and federal law.
In case of disagreement with the decision of the board, the chairman has the right to appeal against it at the general meeting (meeting of authorized persons). The manager acts without a power of attorney, on behalf of the horticultural partnership.
Job description for the chairman
What are the responsibilities of the Chairman of the SNT?
Preside over board meetings with the right of first signature on financial documents and minutes.
Conclude contracts, open bank accounts, issue powers of attorney.
Constantly monitor the proper performance of all employees of their duties.
Monitor the correct operation and safety of all engineering equipment SNT.
Conduct a weekly inspection of the common property of the organization in order to identify its technical condition, efficient operation and degree of wear.
Maintain contacts with representatives of energy supply and contractor organizations regarding the fulfillment of SNT contractual obligations.
Arrange access for specialists to engineering equipment.
Monitor the fulfillment by energy supply organizations and contractors of obligations under contracts with the partnership, promptly inform the board of the facts of violation of contractual obligations.
Timely conclude service agreements with third-party organizations, paying for their services at the specified rates.
The duties of the chairman of the SNT also include representing the interests of the partnership in the district administration, sanitary supervision, state fire supervision, technological supervision according to their competence.
Take action to eliminate emergencies(shutdown of electrical equipment, accidents, etc.), draw up acts on the fact of emergency situations at the request of the owners.
Monthly, take and record the readings of electricity meters (if necessary - with the involvement of employees of the relevant services), transfer the readings of the devices to the accounting department of the SNT and to energy supply organizations.
Work with persistent non-payers to eliminate debts for maintenance and other services provided.
Timely inform the owners about the restrictions (or disconnections) of the services provided by means of announcements posted on information stands, monitor information and on the SNT website.
To control the statements of the owners, their accounting and timely execution by the SNT employees.
follow sanitary condition and cleanliness of the territory, including the container site.
At least once a quarter, inform the board of the partnership about the plans and the results of their implementation.
Ensure the availability, safety and replenishment of the working and technical documentation SNT - plans, diagrams, drawings.
To exercise control over reporting - accounting, statistical, technical.
Supervise the activities of the chief accountant of a non-profit organization. Verify the correctness of the accrual of payments to owners of SNT.
Together with the members of the board, regularly monitor the condition of engineering equipment, the external improvement of the partnership's cottages, take timely measures to eliminate the noticed shortcomings.
Twice a month to receive members of the organization, both on personal and general issues of the activities of the SNT.
Make purchases of material and technical resources, which are necessary for the statutory activities of SNT.
Keep confidential information that the chairman should have in accordance with his position ( financial condition organizations, personal data of members of the partnership).
On execution official duties be polite and correct with employees and land owners.
If employment contract and other obligations are defined by the legislation - to strictly observe them.
Responsibilities of the manager fire safety
According to the law "On horticultural associations» Between general meetings, the SNT is managed by the board, headed by the chairman of the SNT, whose fire safety responsibilities include compliance with the requirements of fire legislation. The general meeting of the members of the partnership assigns the responsibility for the implementation of specific measures to the board and its chairman:
Appoint a person responsible for the implementation of the Fire Safety Regulations with sending him to study with passing exams and obtaining the qualification and certificate "Responsible for fire safety".
To have in the partnership and constantly maintain documentation on compliance with fire safety rules in the required volume:
board decision on appointment responsible person for fire safety and approval of the Fire Safety Rules in SNT;
decision of the board on the appointment of a person responsible for electrical facilities; decision of the board on the issue of appointing a person responsible for fire extinguishing means; decision of the board on the approval of the list of vigilantes; instructions on fire safety during gas-electric welding and other hot work; instructions for action full-time employees in case of fire and evacuation; fire safety briefing for employees.
Organization of notification and information support
At the entrance, next to the sign with the name of the partnership, there should be a shield with the SNT scheme. A copy of the scheme is transferred to the fire department.
To alert about a fire in the association, there must be a public address radio station, the siren of which is duplicated by mechanical means - a bell or a rail.
On the territory of the SNT, an information board of the relevant subject with operational information should be installed.
Posters and signs are placed in public places.
The duties of the board and the chairman include informing and monitoring the mandatory installation by members of the partnership at their cottages of a barrel of water or a fire extinguisher.
The chairman must control the timely cleaning of roads for the free passage of fire equipment, as well as the absence of combustible waste and fuel containers on the territory of landfills.
In case of persistently hot and windy weather, as well as when entrusting a special fire regime to the SNT, the chairman and the board carry out explanatory work on fire prevention and actions in case of fire, organize free patrols by voluntary people's firefighters.
Actions in case of fire
In case of fire, the chairman or members of the board must immediately call the fire department, as well as announce the fire by all means of warning (radio, bell, etc.).
It is necessary to organize a meeting and escort of fire engines in the fire. The chairman must take measures to save people and take them out of the fire zone with the help of the fire brigade. It is also necessary to remove strangers from the zone. Before the arrival of professional firefighters, it is necessary to start fighting the fire with the help of your own fire brigade (in accordance with Law No. 100-FZ of 05/06/2011).
Rights of the chairman of the association
In addition to duties, the chairman of the SNT also has the rights to:
Represent the interests of SNT in state structures and in local governments. Solve personnel issues - hire employees, dismiss inappropriate positions.
In accordance with existing legislation, to take measures of punishment and encouragement to employees.
Give instructions to employees that must be followed.
Remove employees from work gross violation internal regulations, official duties, sanitary standards, labor protection and fire safety rules.
Use the information received from members of the Board to perform their duties.
Use the equipment, materials and inventory provided by the partnership.
The manager has the right to compensation for expenses incurred during the performance of official duties agreed with the board in advance.
Receive from the owners of the partnership copies of title documents and confirming their rights to land plots.
Petition before the general meeting (or board) for the exclusion of debtors from the members of the organization.
In accordance with the charter and laws of the Russian Federation, take other measures of influence against land owners who violate the charter, building codes and other provisions of the law.
The chairman has the right to a polite, respectful and correct attitude of employees and members of the partnership. If the current legislation and the labor charter establish other rights for the chairman, then the manager of the SNT also has the right to them.
What is responsible for?
The SNT Manager is responsible for:
organization of office work in SNT, accounting and storage of documents.
correctness of concluded contracts, proper maintenance, operation and safety of property, timely and complete fulfillment of the terms of all contracts, making payments (together with accounting).
In particular, the chairman pays for the total electricity consumption of the common meter. This amount is extinguished by the total readings of individual meters, therefore, the duties of the chairman of the SNT also include issues of controlling electricity.
When changing the meter from the owner of the site, he is obliged to take the readings of the old meter on the day of replacement and the readings of the new one on the day of installation, and the chairman must be sure that the meter is technically sound, that is, it has been tested in the power supply.
It is strictly forbidden to collect fees from members of the association at tariffs exceeding the amount established by the commission on energy resources (due to losses in the wires, idling of the transformer, theft).
Such activities entail criminal and administrative liability.
The power supply is stopped in the following cases:
poor electrical wiring
violations of electricity metering schemes,
connection of current collectors past the meter,
lack of clearance officials to check the condition of electricity consumption devices,
late payment for services.
Shutdown is carried out after a warning and if the offender did not fix the problems on time.
For other violations of the charter, for example, non-payment of membership fees, the board and the chairman do not have the right to turn off the electricity as a measure of influence on the non-payer.
Responsibilities of the audit committee
The Audit Commission is a body of the SNT, acting permanently, elected at the general meeting of the members of the partnership for financial and economic control over the activities of the association, its board and other officials. The commission conducts its activities in accordance with the charter of the partnership, as well as the relevant legal documents. Members of the commission of three people are elected for one or two years at a general meeting by open or absentee voting from among persons with higher (or basic higher) education - legal or economic and experience in the economic and legal sphere. A commission of two people is also eligible. If one is elected, then he is called the Auditor. Any member of the partnership may be elected to the audit committee. A professional owner who permanently resides on the territory of the SNT, but is not a member of it, is approved separately.
The Audit Commission cannot include: Chairman of the Board; board members and their relatives; owners-debtors; persons with convictions and disqualification; anyone by proxy from a member of the SNT. If other governing bodies are also elected at the general meeting, then the audit commission is appointed after them.
Functions of the Audit Commission:
Checking the financial documents of the partnership, inventory, constituent documents, minutes of meetings and orders of the chairman and board, comparing the results with accounting data.
Checking the legality of contracts and other transactions on behalf of the partnership.
Checking the prepared balance sheet, annual report, distribution of profits, reports for tax office, statistics and government agencies.
Evaluation of the validity of the cost and income estimates. Verification of the actual availability of property and funds.
Verification of intended use Money and property.
Checking the validity of financial transactions, the completeness and timeliness of tax payments.
Checking the reasonableness of capital expenditures and current activities Checking the financial condition and control of the debt of members of the CNT.
Checking payroll calculations for individuals.
After verification financial activities the commission draws up a conclusion with an assessment of the correctness of the preparation of documentation (reports, balance sheets, declarations). The audit of the financial activity of the association is carried out once a year.
The results of the conclusion represent general meeting only after familiarization with them by the chairman and members of the board. The commission must promptly communicate to the board (in writing) the results of all inspections seven days before the general reporting meeting.
On complaints of members - within 10 days.
When compiling the report, the commission develops precise recommendations for correcting deficiencies. All confidential financial information (personal data of members of the organization, its financial condition) the commission has no right to disclose. In the absence of an external audit, the conclusion is made on the annual report of the partnership and the approved budget with payroll. The powers of the audit commission also include proposals for the general meeting on bonuses based on the results of the audit work for the board and the audit commission to improve motivation in work. The duties of the chairman of the audit commission include receiving members of the SNT once a month (a specific date is determined).
Responsibilities of the chairman and the board in relation to the audit commission:
During the period of inspections, the board provides all possible assistance in the work of the auditors, placing at their disposal an office, office equipment, stationery. The chairman includes the nominees of the owners who have submitted an application to the voting ballot, if the agenda of the meeting includes the issue of choosing the audit commission.
The chairman of the board of the partnership is obliged to submit to the auditors the documents that were indicated in the decision to conduct an audit or give a written explanation about their absence. At the written request of any member, the board is obliged to acquaint him with the conclusions of the commission and provide copies of the conclusion. When preparing a general reporting annual meeting members of the association, the board and the chairman are obliged to send to all their members the conclusions and reports of the audit commission.
Many gardeners in their particular SNT do not understand the essence of democracy, as well as the legal procedure for resolving issues of partnership, the conditions for existence gardening associations. Often they try to solve their problems with shouting and insults, as well as complaints to all authorities about the objectionable board and chairman. Faith in a kind and pleasing king is still alive today, but if the government is pleasing to everyone, then it simply does not work at all.
The main and key figure in any horticultural non-profit partnership has always been the chairman of the board. From his talent to arrange the work of the board and public organization in general, the well-being of gardeners largely depends, because only a normal chairman is able to stop theft and lawlessness in a partnership.
The chairman of a horticultural non-profit partnership is not born, and the laws in the SNT are somewhat different from the production or operating organization where they may have once worked. For many reasons, CNT chairs do not have time to visit lawyers or search and understand laws on the search network, although they have many questions on the forums, in particular, about official rights and duties of the chairman.
Elections and re-elections of the chairman of the SNT
The duties and rights of the chairman of the SNT are determined by the job description, according to which he is hired or dismissed for this position by decision of the board and in accordance with applicable law. The general meeting (or meeting of authorized persons) elects the chairman for a period of two years. The chairman may have a secretary and a deputy who hold this position until the next election and, in the absence of the chairman, by his order, perform the duties of a manager. The secretary of the board maintains a file of SNT members and owners who live on the territory of the partnership without being its members - home address, telephone number, data on land documents, family composition.
Members of the board release the chairman from his position only in certain cases:
- Upon a written statement of the chairman on the voluntary resignation of his duties.
- For regularly refusing to hold meetings of the board if its members insisted on it in writing.
- If the chairman does not come to work without a good reason for more than 10 days, and this fact is confirmed by acts of his absence during office hours and at meetings of the board, the administrative and administrative activities of the chairman for employees of the SNT were also not carried out during this period.
- The chairman can also be dismissed for activities that caused financial damage to the organization due to abuse of power for personal gain (this fact must be confirmed by the audit commission).
- If the chairman refuses to hold a reporting meeting within the time limits specified by law, and also does not systematically implement the decisions of general meetings, provided that they are completely legal. The same applies to board decisions.
- They can be dismissed if they refuse to provide an audit commission for checking all the necessary documentation of the partnership.
This list is supplemented or reduced only at general meetings. The chairman is obliged to obey the board of the SNT, being guided in his work by the charter and legislation of the Russian Federation (in particular, article 66 “On horticultural, gardening and country non-profit organizations of citizens”), as well as decisions of the general meeting and the board. In his work, the chairman takes into account the normative acts of local authorities, if they are related to the activities of the partnership, as well as court decisions, if they have entered into force.
Key Responsibilities of the Chairman
The main duty of the chairman of the SNT is the implementation of economic activities in accordance with and within the limits provided for by the charter of the partnership and the federal law of 15.04.1998. No. 66-F3 (with additions). The chairman must know:
- The provisions of the legislation of the Russian Federation that regulate the economic and legal activities of SNT.
- Rules of internal labor regulations of the organization.
- Rules and norms of labor protection, fire safety rules, civil defense and safety regulations.
- Technical and project documentation of the partnership, contractual documents on the supply of public services.
The chairman himself observes and controls the observance by all personnel (accountant, cashier, electrician, security guard) of internal regulations and job duties, as well as sanitary norms and labor protection rules.
The chairman is obliged to carry out and ensure that all employees comply with the orders of the board of the SNT. As soon as the board or the general meeting elects a chairman (with the execution of the relevant resolution), the chairman can begin his official duties. Its powers are determined by the charter and the Federal Law. In case of disagreement with the decision of the board, the chairman has the right to appeal against it at the general meeting (meeting of authorized persons). The manager acts without a power of attorney, on behalf of the horticultural partnership.
Job description for the chairman
What are the responsibilities of the Chairman of the SNT?
- Preside over board meetings with the right of first signature on financial documents and minutes.
- Conclude contracts, open bank accounts, issue powers of attorney.
- Constantly monitor the proper performance of all employees of their duties.
- Monitor the correct operation and safety of all SNT engineering equipment.
- Conduct a weekly inspection of the common property of the organization in order to identify its technical condition, efficient operation and degree of wear.
- Maintain contacts with representatives of energy supply and contractor organizations regarding the fulfillment of SNT contractual obligations. Arrange access for specialists to engineering equipment.
- Monitor the fulfillment by energy supply organizations and contractors of obligations under contracts with the partnership, promptly inform the board of the facts of violation of contractual obligations.
- Timely conclude service agreements with third-party organizations, paying for their services at the specified rates.
- The duties of the chairman of the SNT also include representing the interests of the partnership in the district administration, sanitary supervision, state fire supervision, and technological supervision to the extent of its competence.
- Take measures to eliminate emergencies (shutdown of electrical equipment, accidents, etc.), draw up acts on the fact of emergency situations at the request of the owners.
- Monthly, take and record the readings of electricity meters (if necessary - with the involvement of employees of the relevant services), transfer the readings of the devices to the accounting department of the SNT and to energy supply organizations.
- Work with persistent non-payers to eliminate debts for maintenance and other services provided.
- Timely inform the owners about the restrictions (or disconnections) of the services provided by means of announcements placed on information stands, control the information on the SNT website.
- To control applications, their accounting and timely execution by SNT employees.
- Monitor the sanitary condition and cleanliness of the territory, including the container site.
- At least once a quarter, inform the board of the partnership about the plans and the results of their implementation.
- Ensure the availability, safety and replenishment of the working and technical documentation of SNT - plans, diagrams, drawings.
- To exercise control over reporting - accounting, statistical, technical.
- Supervise the activities of the chief accountant of a non-profit organization.
- Verify the correctness of the accrual of payments to owners of SNT.
- Together with the members of the board, regularly monitor the condition of engineering equipment, the external improvement of the partnership's cottages, take timely measures to eliminate the noticed shortcomings.
- Twice a month to receive members of the organization, both on personal and general issues of the activities of the SNT.
- Make purchases of material and technical resources that are necessary for the statutory activities of SNT.
- Keep confidential information that the chairman must own in accordance with his position (financial condition of the organization, personal data of members of the partnership).
- In the performance of official duties, be polite and correct with employees and land owners.
- If other obligations are defined by the employment contract and legislation, they must be strictly observed.
Responsibilities of the fire safety manager
According to the law "On Horticultural Associations", between general meetings, the SNT is managed by the board, headed by the chairman of the SNT, whose fire safety responsibilities include compliance with the requirements of fire safety legislation.
The general meeting of the members of the partnership assigns the responsibility for the implementation of specific measures to the board and its chairman:
Appoint a person responsible for the implementation of the Fire Safety Regulations with sending him to study with passing exams and obtaining the qualification and certificate "Responsible for fire safety".
To have in the partnership and constantly maintain documentation on compliance with fire safety rules in the required volume:
- decision of the board on the appointment of a person responsible for fire safety and approval of the Fire Safety Rules in the SNT;
- decision of the board on the appointment of a person responsible for electrical facilities;
- decision of the board on the issue of appointing a person responsible for fire extinguishing means;
- decision of the board on the approval of the list of vigilantes;
- instructions on fire safety during gas-electric welding and other hot work;
- instructions on the actions of full-time employees in case of fire and evacuation;
- fire safety briefing for employees.
Organization of notification and information support
At the entrance, next to the sign with the name of the partnership, there should be a shield with the SNT scheme. A copy of the scheme is transferred to the fire department. To alert about a fire in the association, there must be a public address radio station, the siren of which is duplicated by mechanical means - a bell or a rail.
On the territory of the SNT, an information board of the relevant subject with operational information should be installed. Posters and signs are placed in public places. The duties of the board and the chairman include informing and monitoring the mandatory installation by members of the partnership at their cottages of a barrel of water or a fire extinguisher. The chairman must control the timely cleaning of roads for the free passage of fire equipment, as well as the absence of combustible waste and fuel containers on the territory of landfills. In case of persistently hot and windy weather, as well as when entrusting a special fire regime to the SNT, the chairman and the board carry out explanatory work on fire prevention and actions in case of fire, organize free patrols by voluntary people's firefighters.
Actions in case of fire
In case of fire, the chairman or members of the board must immediately call the fire department, as well as announce the fire by all means of warning (radio, bell, etc.). It is necessary to organize a meeting and escort of fire engines in the fire. The chairman must take measures to save people and take them out of the fire zone with the help of the fire brigade. It is also necessary to remove strangers from the zone.
Before the arrival of professional firefighters, it is necessary to start fighting the fire with the help of your own fire brigade (in accordance with Law No. 100-FZ of 05/06/2011).
Rights of the chairman of the association
In addition to duties, the chairman of the SNT also has the rights to:
- Represent the interests of SNT in state structures and in local governments.
- Solve personnel issues - hire employees, dismiss inappropriate positions. In accordance with existing legislation, to take measures of punishment and encouragement to employees.
- Give instructions to employees that must be followed.
- Suspend employees from work in case of gross violation of internal regulations, official duties, sanitary standards, labor protection and fire safety rules.
- Use the information received from members of the Board to perform their duties.
- Use the equipment, materials and inventory provided by the partnership.
- The manager has the right to compensation for expenses incurred during the performance of official duties agreed with the board in advance.
- Receive from the owners of the partnership copies of title documents and confirming their rights to land plots.
- Petition before the general meeting (or board) for the exclusion of debtors from the members of the organization.
- In accordance with the charter and laws of the Russian Federation, take other measures of influence against land owners who violate the charter, building codes and other provisions of the law.
- The chairman has the right to a polite, respectful and correct attitude of employees and members of the partnership.
- If the current legislation and the labor charter establish other rights for the chairman, then the manager of the SNT also has the right to them.
What is responsible for?
The SNT Manager is responsible for:
- organization of office work in SNT,
- accounting and storage of documents.
- correctness of the concluded contracts,
- proper maintenance, operation and safety of property,
- timely and complete fulfillment of the terms of all contracts, making payments (together with the accounting department).
In particular, the chairman pays for the total electricity consumption of the common meter. This amount is extinguished by the total readings of individual meters, therefore, the duties of the chairman of the SNT also include issues of controlling electricity. When changing the meter from the owner of the site, he is obliged to take the readings of the old meter on the day of replacement and the readings of the new one on the day of installation, and the chairman must be sure that the meter is technically sound, that is, it has been tested in the power supply. It is strictly forbidden to collect fees from members of the association at tariffs exceeding the amount established by the commission on energy resources (due to losses in the wires, idling of the transformer, theft). Such activities entail criminal and administrative liability.
The power supply is stopped in the following cases:
- poor electrical wiring
- violations of electricity metering schemes,
- connection of current collectors past the meter,
- lack of admission of officials to check the condition of electricity consumption devices,
- late payment for services.
Shutdown is carried out after a warning and if the offender did not fix the problems on time. For other violations of the charter, for example, non-payment of membership fees, the board and the chairman do not have the right to turn off the electricity as a measure of influence on the non-payer.
Responsibilities of the audit committee
The Audit Commission is a body of the SNT, acting permanently, elected at the general meeting of the members of the partnership for financial and economic control over the activities of the association, its board and other officials.
The commission conducts its activities in accordance with the charter of the partnership, as well as the relevant legal documents.
Members of the commission of three people are elected for one or two years at a general meeting by open or absentee voting from among persons with higher (or basic higher) education - legal or economic and experience in the economic and legal sphere. A commission of two people is also eligible. If one is elected, then he is called the Auditor. Any member of the partnership may be elected to the audit committee. A professional owner who permanently resides on the territory of the SNT, but is not a member of it, is approved separately.
Members of the audit committee cannot be:
- Chairman of the Board;
- board members and their relatives;
- owners-debtors;
- persons with convictions and disqualification;
- anyone by proxy from a member of the SNT.
If other governing bodies are also elected at the general meeting, then the audit commission is appointed after them.
Functions of the Audit Commission:
- Checking the financial documents of the partnership, inventory, constituent documents, minutes of meetings and orders of the chairman and board, comparing the results with accounting data.
- Checking the legality of contracts and other transactions on behalf of the partnership.
- Checking the balance sheet, annual report, profit distribution, reports for the tax office, statistics and government agencies.
- Evaluation of the validity of the cost and income estimates.
- Verification of the actual availability of property and funds.
- Verification of the intended use of funds and property.
- Checking the validity of financial transactions, the completeness and timeliness of tax payments.
- Validation of the cost of capital expenditures and current activities
- Checking the financial condition and control of the debt of members of the SNT.
- Checking payroll calculations for individuals.
After checking the financial activities, the commission draws up a conclusion with an assessment of the correctness of the documentation (reports, balance sheets, declarations). The audit of the financial activity of the association is carried out once a year. The results of the conclusion are presented to the general meeting only after the chairman and members of the board have become acquainted with them. The commission must promptly communicate to the board (in writing) the results of all inspections seven days before the general reporting meeting. On complaints of members - within 10 days.
When compiling the report, the commission develops precise recommendations for correcting deficiencies. The commission does not have the right to disclose all confidential financial information (personal data of members of the organization, its financial condition). In the absence of an external audit, the conclusion is made on the annual report of the partnership and the approved budget with payroll. The powers of the audit commission also include proposals for the general meeting on bonuses based on the results of the audit work for the board and the audit commission to improve motivation in work.
The duties of the chairman of the audit commission include receiving members of the SNT once a month (a specific date is determined).
Responsibilities of the chairman and the board in relation to the audit commission:
- During the period of inspections, the board provides all possible assistance in the work of the auditors, placing at their disposal an office, office equipment, stationery.
- The chairman includes the nominees of the owners who have submitted an application to the voting ballot, if the agenda of the meeting includes the issue of choosing the audit commission.
- The chairman of the board of the partnership is obliged to submit to the auditors the documents that were indicated in the decision to conduct an audit or give a written explanation about their absence.
- At the written request of any member, the board is obliged to acquaint him with the conclusions of the commission and provide copies of the conclusion.
- When preparing the general reporting annual meeting of the members of the association, the board and the chairman are obliged to send to all their members the conclusions and reports of the audit commission.
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