The procedure for conducting a reporting election meeting in horticulture. Meeting minutes

DEAR GARDENERS!

On August 12, a reporting and election meeting of the SNT will be held without a report on spending Money and agendas.

Today it became known that Shinkorenko, who had illegally held power in horticulture for two years, with the rule removed on July 1, 2016, Ivanov, decided to cancel meeting t,k they have nothing to report with, they lied and spent all the money raised, and now they are trying to illegally raise fees from 8 to 12 rubles per sq.m, and from non-privatized plots as much as 14 rubles per sq.m. people, so they want to hold a meeting in absentia, shaking dead souls, writing out powers of attorney for the absent “owners”, as has been the custom in our gardening since the reign of Shinkorenko, and then destroy all the results about those present. This fraudulent form of shaking the results has become our norm. What to do? To hold a meeting on August 12 at 2 pm, as announced by Ivanov.

Agenda:

1. Board elections:

2. Election of the audit commission (auditor).

3. Bringing the Charter in accordance with the current legislation.

4. Carrying out an audit of financial and economic activities and violations of the law in SNT “Flora”.

If there is no quorum at the meeting, and in order to understand that it will not be, it is necessary to answer the question “Where is the register of gardeners, which, according to the law, should be in horticulture on June 01, 2017?

If the meeting does not collect the required number of those present, the power must pass to the board elected on August 16, 2015, which from among its members must elect the acting chairman.

If Ivanov does not transfer the financial documents of the SNT to the appointed acting chairman of the board, within 10 days, apply to the investigative committee and the prosecutor's office about violation of the law, illegal spending of gardeners' money without estimates and approval by the general meeting - the board, Ivanov's written refusal to report to the members of the board on spending the general cash and providing documents, borrowing money from individual(Shinkorenko) without board approval.

Proposed composition of the board for 2017-2019

Zhokhov Anatoly Viktorovich - 29 years of managerial experience, higher education, engineer-economist, extensive experience in the financial and industrial sectors;

Kazakov Alexander Vasilyevich - 10 years of managerial experience, secondary education, 40 years of experience in construction;

Kostin Vladimir Vasilievich 40 years of experience, higher education, professional power engineer;

Kleshchevnikov Alexander Gennadievich, higher education;

Makarova Tamara Leonidovna, higher education, extensive production experience.

The composition of the audit commission (auditor)

Offer a worthy neutral candidate(s) not participating(s) in groups.

In case of non-conduct general meeting through the fault of Ivanov and Shinkorenko, the signing of a collective statement to the prosecutor's office and other bodies on violations of the laws of the Russian Federation in the SNT "Flora" and bringing the perpetrators to justice. Enough to endure lawlessness in gardening.

No matter how beautiful the life of a summer resident is, sooner or later the time comes for a meeting of members of the SNT partnership, when everything around is seething and worried. It is at this moment that night experiences, sorrowful reflections and awareness of the injustice of life come to summer residents.

Needless to say, acquiring a dacha, people expect to live in harmony with themselves, with the whole world, well, finally, at least with nature.

But the laws of nature are harsh and unjust. This is clearly manifested during the fateful event of the year of any summer resident, which is called - Meeting of members of the partnership SNT. That's what we're talking about here today.

The main problems that the leadership of the SNT faces during the meeting are:

• Quorum
• Vote Counting
• Shadow leaders

How to overcome these barriers? What tactics to take? You will find our recommendations below.

Quorum of the SNT meeting

The problem of lack of a meeting quorum is one of the most serious for any CNT. It slows down the adoption of competent decisions and, if the process is delayed, leads to financial bankruptcy and the actual collapse of SNT.

Law "On horticultural, horticultural and dacha non-profit associations of citizens" No. 66-FZ of April 15, 1998, Art. 21, paragraph 2, paragraph 7 reads:

The general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) is competent if more than fifty percent of the members of such an association and at least fifty percent of the authorized persons are present at the said meeting.

It is clear that for various reasons, with a large number of members of the SNT, it is very problematic to collect a quorum. Therefore, the solution to this problem is to use authorized representatives of the SNT members to ensure a quorum of general meetings.

66-FZ of April 15, 1998 clearly defines the requirements that must be taken into account when working with authorized representatives (see Chapter V of Federal Law-66 of April 15, 1998, article 20, paragraph 2). The most expedient in a partnership is the development of a separate "Regulation on authorized representatives", which provides, among others, for the procedure for recalling authorized representatives and for monitoring the activities of the members of the partnership who elected them (for voting and decision-making). This problem is easily solved by the norm of the law, i.e. the right of any member of the SNT to attend the general meeting of commissioners with an advisory vote. Those. before the decision is made by the meeting, no one is forbidden to speak, propose, discuss, etc. any item on the agenda.

Members of the SNT who have elected the Commissioner have the right to withdraw his candidacy at any time if he does not express their opinion, which should be recorded in the charter. It is impossible not to foresee this moment, because This is a requirement of the same 20 Art. Law "On horticultural, gardening and dacha non-profit associations of citizens". The Article of the Charter, by the way, shows one of the options for resolving the issue of authorized representatives in the SNT, without resorting to the creation of a separate Regulation.

The main thing is to decide how many members of the SNT will be represented by one authorized person.

Law 66-FZ does not regulate these norms in any way. Therefore, it all depends on the size of the SNT and the decision prescribed in the charter. For small SNTs (100-150 members) - this can be one authorized person for 3-5 people, for large SNTs it can reach a ratio of 1:10.

Law 66-FZ does not prohibit representatives of SNT members from participating and voting on decisions made by the general meeting. The same law does not prohibit one member of the SNT by proxy to vote for 2 - 3, 4 ... members of the SNT who did not come to the meeting. This means that the task of the activists and the board is to collect powers of attorney for the right to vote from members of the SNT who did not intend to participate in the work of the general meeting.

So, the board, having completed all the preparatory measures, set the date for the general meeting. At the appointed time, gardeners came to the meeting. Any normal board begins the meeting with a registration procedure, during which it becomes clear whether a quorum has met or not.

There is a quorum: i.e. members of the SNT who came to the meeting, more than 50% of the total number available in the partnership.

The assembled members of the SNT have the right to hold a meeting and the right to make a decision at it. In other words, the general meeting can discuss the agenda and make decisions on it. This decision will be valid and binding on all members of the SNT and individual gardeners (if it concerns them) subject to the adoption of decisions that do not contradict the legislation of the Russian Federation, FZ-66 of 15.04.98, the Charter of the SNT is also the norm of Law No. 66 -FZ.

No quorum: i.e. members of the SNT who came to the meeting, 50% or less of the total number available in the partnership.

It follows from this that the assembled members of the SNT have no right to hold a general meeting, and therefore no right to make any decision other than the decision to go home.

All decisions of the assembly are taken by open vote, when members of the SNT vote by show of hands. The main problem here is twofold:

• how to separate SNT members from non-members
• how to correctly and quickly count votes with a large number of participants

The solution to this problem can be a simple introduction of voting cards, which are issued to each member of the CNT when registering on the list before the start of the meeting. Each member of the SNT upon registration receives a set of cards in three colors:

• red - with the inscription against
• white - with the inscription for
• yellow - with the inscription abstained

Everything is clear and understandable. After the meeting, the cards are withdrawn.

In Law No. 66-FZ. In Art. 21, paragraph 2, paragraph 7 says that "... A member of such an association (i.e. SNT) has the right to participate in voting personally or through his representative, whose powers must be issued by a power of attorney certified by the chairman of such an association."

The deceased member of the CNT automatically loses his membership, and hence the right to vote. In this case, the Charter should also regulate the rule according to which the deprivation of the right of ownership is the basis for the automatic loss of membership in the SNT (Article 18 of the Federal Law-66 "Membership in a horticultural, gardening or country non-profit association").

Any power of attorney issued to a representative for the right to participate and vote at a general meeting of members of the SNT will be recognized by the court as valid if it is issued by a person entitled to certify such powers of attorney. The only important thing is that the power of attorney must be issued by a member of the SNT.

The power of attorney must be in writing and that it is issued by a member of the CNT to a person who does not have a membership. A moment is allowed when a power of attorney is issued by one member of the SNT to another member of the SNT. And then he will represent 2 votes or even 3 votes in the meeting.

When registering representatives of SNT members who arrived at the meeting, it is imperative to check the date of issue of such a power of attorney and, accordingly, do not recognize those powers of attorney that do not have a date of issue, or whose validity period has expired.

Shadow leaders

In any SNT, as a rule, there is always opposition to the existing leadership. And this is the norm of democracy. It is good if it is constructive and its actions are aimed at improving the situation in the interests of all members of the SNT. But more often the opposition is led by leaders for whom the meaning at all times was their own, secret, intent and self-interest.

Skillfully manipulating gullible gardeners and stirring up public opinion, such activists often decide the issue in their favor, preventing the consistent and logical development of gardening partnerships, their arrangement, slowing down, or even completely blocking any innovation. They are energetic, assertive and active because they have a personal motivation that most gardeners lack.

They constantly and persistently lobby their interests (up to the seizure of power), they have rich experience in convincing others that white is black and black is white. If the course of the meeting is unfavorable for them, they can easily take it aside, or even completely disrupt it, transferring it into the plane of endless and meaningless emotional discussions.

What to do? How to keep the interest of the majority and achieve the intended goals?

First. Any meeting needs to be prepared in advance. Remember: to fail the preparation is to prepare the failure. You must not only decide on the agenda and prepare reports and documents, but also develop tactics for holding the meeting, its rules.

It is very important to correctly form the public opinion of the SNT members in advance on the issues that will be discussed and adopted at the upcoming meeting. To do this, it is necessary to inform them and carry out explanatory work on key issues on the agenda through their authorized representatives. get from them feedback and make the necessary adjustments. In this case, at the meeting, you will not encounter unexpected, skillfully orchestrated opposition.

The second is very important point, this is the presence at the meeting of an active group of your supporters, which will help neutralize the destructive active shadow leaders and support you at key moments.

The question of the rules and procedure for holding the meeting is also very important so that it does not turn into a wall-to-wall fight, but proceeds according to certain rules approved in advance. In this case, you will have more options for administrative influence on the destructive opposition during the meeting.

Meeting Forms

From the content of the law No. 66-FZ of April 15, 1998, it follows that in a horticultural non-profit partnership it is possible to hold general meetings in the form of a meeting of members or a meeting of authorized persons. In addition, the law allows decisions on the agenda of the meeting by submitting them to absentee voting. The law also provides for an "emergency" option - an extraordinary general meeting, which can also be held both in person and in absentia, since there is no indication to the contrary in the law. Thus, there are only six forms of holding general meetings: a full-time general meeting of members; absentee general meeting of members; face-to-face meeting of authorized persons; absentee meeting of authorized persons; in-person extraordinary general meeting; absentee extraordinary general meeting.

The above forms of the meeting can be distinguished due to differences in the composition of the participants, in the procedures for preparing and holding. Other classifications of meetings, such as the type of issues resolved ( "reporting-re-election meeting" and the like), they do not bear any legal burden, because they do not impose any requirements for the preparation and conduct of the meeting.

The presence in the minutes of the meeting or in an extract from it of information about the form in which this meeting was held, strictly speaking, is not mandatory. Moreover, the record in the minutes, which speaks about the option of holding the meeting, cannot be considered as any strong evidence of the form of behavior of the meeting when assessing its legitimacy. In other words, if the protocol says "general meeting", but, in fact, only authorized persons took part in the meeting (which can be established from consideration of the list of participants), such a meeting in court will be considered a meeting of authorized persons. In horticultural partnerships, sometimes the general meeting is generally called a term that is not present in the law - "gardening conference", but this does not give grounds to consider such general meetings illegal and demand their cancellation.

It should be noted that a meeting in SNT is always a general meeting. More than once on the Internet I came across, and by mail they send all sorts of "Regulations...", the main purpose of which is an attempt to legitimize in horticultural partnership as the supreme governing body, a narrow group of citizens who stood out from the entire mass of gardeners, mainly on the basis of property. I mean notorious "owners of electricity", "shareholders of power lines" and the like. According to Article 21 Clause 1 Clause 10 No. 66-FZ dated 04/15/1998 making decisions on the creation and use of property falls within the exclusive competence of the general meeting, which means that the resolution of property issues cannot be transferred from the competence of the general meeting to the competence of another group of persons.

Law No. 66-FZ of April 15, 1998 contains a listing of the governing bodies of a horticultural non-profit partnership. body called "shareholders' meeting" there isn't. Therefore, to any "shareholders' meeting" the law imposes the same requirements as for an ordinary general meeting, including the composition of the meeting participants, notification, etc.

Dmitry Okhapkin, 2010-2013

How to gather summer residents and hold a general meeting of SNT.

Remember that failure to comply with the provisions of Law No. 66FZ of April 15, 1998 on the organization and proper conduct of the general meeting of the dacha partnership may result in the cancellation of all its decisions.

Law of the Russian Federation of April 15, 1998, No. 66FZ on horticultural, dacha and gardening non-profit association citizens, it is important to study "summer residents" for organizing right process holding a general meeting of members of the SNT.

Our experts on this page of the site will try to put all the questions on the shelves and you will know how to properly remove a dishonest chairman from the leadership chair, or, on the contrary, help the chairman from the stupid actions of zealous gardeners.

// Law FZ-66, on the organization and holding of general meetings in a horticultural partnership, was amended by FZ-171 dated 06/23/2014

CNT RESPONSIBILITY TO ORGANIZE AND PREPARE THE GENERAL MEETING

Chapter V, Art. 21, paragraph 2 indicates that the general meeting of members of the SNT is convened by the board of such an association if necessary, but at least once a year. An extraordinary dacha meeting of members of such an association may be by decision of its board, as well as at the request of the audit commission (auditor) of the partnership, as well as at the suggestion of a government agency, or at least one fifth of the total number of members of the partnership.

Eventually: The general meeting of the members of the partnership can be legally held only by decision of the board of the SNT. Note - this is the right granted by the Law, and at the same time the duty of the board of the garden partnership.

Therefore, even the charter of the SNT cannot jump over this provision - the phrase “other order” or similar to it is not provided for by the Law. Unions of gardeners of the region, initiative groups, law enforcement agencies, dissatisfied groups and others do not have the right for the board to make their decision on holding a general meeting.

Rule for Horticultural Meeting: Any general meeting held without the decision of the board will be invalid under the Law from the outset.

In order to restore law and order on the territory of any SNT, the board in this case should only file a lawsuit in court to declare an assembly organized in violation of the norms of Art. 21, paragraph 2, paragraph 1 of the law FZ-66.

You can find an opinion on the Internet that if the board has not held a meeting for a long time, then you can collect a quorum and hold it yourself. But this opinion is wrong!

But if the board does not want to hold meetings for several years, then it will rule in the garden forever? But it's not. In a partnership, one can always find grounds for holding a general meeting and force an objectionable board to hold a meeting.

Consider the grounds for holding a general meeting in Garden Partnership which should be carried out as needed, but at least once a year;

1.. The initiator of the meeting is usually the board of the SNT. It may convene meetings, and more frequently, to make important decisions on matters of the partnership, if they cannot be rescheduled or postponed until the next meeting.

For example, in one SNT in April 2015, a reporting and election meeting was held, at which it was decided not to approve the cost estimate for 2015 proposed by the old board. Therefore, all payments, targeted, membership, entrance fees were frozen for an indefinite period until the adoption and approval of the estimate by the new meeting. With this decision, the board left itself without money. It is possible to pay contributions before a decision is made, but it will be illegal, and the chairman and accountant need to receive their salary today.

In normal partnerships, in this case, they pay according to the estimate of the previous year. But if the new board considers the old estimate illegal, then before the extraordinary general meeting makes a decision on the new estimate, the society's money will hang in the pockets of gardeners. They are ready to give them away, but the board cannot accept them on the terms of the old estimate.

2.. at the request of the audit commission of the SNT;

Article 25, paragraph 4 establishes control over the financial and economic activities of a garden, horticultural or dacha association. For this, it is provided that audit committee The CNT has the right to convene and organize extraordinary meetings when creating a real threat to the interests of the CNT or revealing violations in the actions of the chairman and members of the board. Identified threats or financial abuses must be documented by an audit report or an appropriate audit report with an appendix. required documents. Otherwise, the board will refuse to hold an illegal meeting and will be right, even in court.

3.. at the suggestion of the local government;

This option can help if you file a complaint with the local authorities against the board, which is obviously not working correctly, write about the measures for the gardeners to take measures to organize and hold the meeting. But, most likely, the authorities will send gardeners to court, because. it is provided by law. Holding a general meeting of gardeners at the suggestion of the local government, is possible only with the need to bring important information to the partnership, or to make the decision necessary for the authority.

4.. at the suggestion of 1/5 of the total number of members of the SNT;

The initiative group can organize the collection of signatures from members of the SNT. Signatures should be 1/5 of the total number of gardeners. So that the collected signatures of the members of the SNT could not be challenged in court, it is advisable to enter data on the proposed agenda for the meeting at the beginning of each sheet of the list. Further, upon reaching the required number of signatures, the initiative group applies to the SNT board with a written request to hold an extraordinary general meeting of the partnership. The appeal to the board must be signed by all members of this initiative group.

5.. early election of board members or chairman.

The requirement for re-election of the bored chairman of the board or the board itself is clearly regulated by the norms of the Law in paragraph 1 of Article 22. In this case, when the partnership requires early re-election of the board, the initiative group must act as in the previous paragraph, but it is necessary to collect at least 1/3 of the signatures of the total number gardening members.

A proposal (requirement) received by the board to hold an extraordinary meeting, the current board is obliged to consider and decide on holding or refusing to hold a meeting within 7 days (Article 21, clause 2, paragraph 2).

The board of the SNT may legally refuse to hold an extraordinary sabantuy of summer residents if the procedure for submitting a proposal established by the charter of such a partnership is not followed or the requirements to convene a general meeting of its members are violated. This is a requirement of the Law, not the government!!! If your Articles of Association of the partnership adopted the procedure for conducting a general meeting, then study this procedure properly. If there is no such regulation, then the Law establishes the minimum requirements, which we have already considered above.

In any case, the board of the SNT will do the work of making a decision (refusing) to prepare and conduct an extraordinary general sabantuy of the members of the garden partnership:

1. Examine the requirements of the initiative group, their compliance with the established Regulations for the organization and holding of extraordinary general meetings in the partnership.
2. Be sure to check the signatures of members of the SNT in the lists with the signatures in the registration cards of members.
3. They will check the lists for the presence of non-members of the SNT, including persons by proxy.
4. Is it advisable to hold an extraordinary meeting before the date of the next meeting of the SNT.
5. Makes a decision at a board meeting to hold an extraordinary meeting or to refuse.
6. Will send a written response to the initiative group to their proposals (requirements).

If the board decides to hold a new general meeting, then it must be held within a month from the date of receipt of the request to hold an extraordinary meeting.

But if the board refused the applicants to hold an extraordinary general meeting, then the members of the partnership (initiative group), the local government, the audit commission may appeal this decision in court. There are no other options under the Law.

2018 - Last year when you can hold a general meeting "in the old way." Since 2019, due to the entry into force of 217-FZ, the procedure will change significantly.

The definition of "correctly" means holding a general meeting in such a way that it would be extremely difficult or impossible to challenge it in court.

Who and for what reasons can cancel the decisions of the general meetings of the SNT in court.

Only a member of the SNT can apply to the court to challenge (or invalidate) the decision of the general meeting in 2018. From 2019, individuals will also have this right, as they will also be able to participate in general meetings, albeit on a limited range of issues.

An important condition for going to court is the violated right. Therefore, the answer to the question of the court “what violated your right” must be prepared in advance. If the issue of determining the amount of contributions was considered, then the answer is easy. If financial issues were not considered, then, as a rule, the right of a member of the SNT to elect and be elected to the governing bodies and the control body of the SNT is violated.

There are great chances to cancel the decisions of the general meeting of members of the SNT if:

• Convening a general meeting by unauthorized persons.
• The procedure for proper notification of members was not followed or the board does not have documentary evidence.
• There was no quorum at the meeting, or the presence of a quorum cannot be confirmed by registration sheets and original powers of attorney.
• Making a decision on an issue not specified in the agenda of the general meeting of members at the time of notification of the meeting.
• Holding a general meeting in the form of absentee voting on issues on which absentee voting is not provided for by law.
• Holding a general meeting in absentia, if the possibility and procedure for holding a general meeting of the NST in absentia is not provided.

Within what time from the moment of holding a general meeting of members of the SNT can it be canceled in court?

When gross violations procedures for holding a general meeting of SNT members, there are great chances to cancel the decision through the court if no more than six months have passed from the date of the meeting. Legislatively, there is a period of six months from the moment when the person learned or could learn about the decisions taken, but not more than two years from the moment the information became publicly available to challenge the decisions of SNT meetings.

The most difficult thing is to document that the gardener did not know and could not know about the decisions made for six months and only therefore goes to court to protect his rights after six months. Therefore, in practice, if more than six months have passed since the date of the general meeting, it is very difficult to cancel the decisions of the general meeting of the SNT in court.

To minimize the chances of overturning the decision of the general meeting of SNT members, the following procedures must be followed:

Convening a general meeting of members.

If we are talking about a regular or extraordinary general meeting of members with any agenda, then only the board of the SNT can convene a general meeting. The initiative group, no matter how numerous it is, is incompetent to initiate the holding of a regular or extraordinary general meeting with any agenda. There is only one issue, for the solution of which the initiative group in the amount of more than 1/3 of the number of members can initiate and hold an extraordinary general meeting. This is a question about the early termination of the powers of the current board and chairman and the election of new ones. The decision to hold such a general meeting (re-election) is drawn up in an arbitrary form, but indicating the date, place, time of the general meeting and signatures of more than 1/3 of the members of the SNT. The requirements for further actions of the initiative group are the same as if the initiator was the board of the SNT.

Notice of a general meeting of members of the SNT.

It is not enough just to notify about the upcoming meeting, you need to do additional manipulations so that material evidence remains: a photo, a newspaper, a website, an inventory of sending a letter with a notification.
The text of the notice must include:
Date, place, time of the general meeting of members of the SNT
List of questions submitted for voting.
Notification must be made at least two weeks before the general meeting of members of the SNT.

There are several ways to notify members of the CNT General Meeting correctly:

1. Registered letters at the address of gardeners. Expensive, time-consuming and inefficient, since most often there are no relevant addresses in the board. From the point of view of the legal security of the board, the method is effective, from the point of view of the prospect of collecting a quorum - not very much.

2. Place on the information board on the territory of the partnership. Be sure to take a photo with the date so that the text is visible on the photo and you can identify exactly where the photo was taken.

3. Publish in the newspaper at the location of the land plot, where legally significant messages are published. Buy and store a newspaper. Keep in mind that such newspapers do not come out every day. So you need to take care of the publication in advance.

4. Publication of notice on the official website of the partnership. The site must be exactly official - i.e. the domain name is approved as the domain name of your SNT by a decision of the general meeting of members. Since in 2018-2019 most SNTs will bring their charters in line with the new 217-FZ, it is advisable to indicate the domain name of the official website in the charter.

In practice, it is better to use several notification methods at once.

Holding a general meeting of members of the SNT.

Registration sheets are required. The task of the board is to have the signatures of all participants in the meeting or their representatives by proxy. It is advisable to take the original power of attorney. The presence of a quorum is confirmed only by these documents and no others. In the case of a court, the list of members can be "revised". In practice, there were cases when the registration sheets contained the signatures of people who were abroad or the deceased ... There were cases when the persons whose signatures were artistically depicted on the registration sheets indicated that the signatures were not theirs, they were not at the meeting, they did not have a power of attorney they gave ... Therefore, it is not worth going to this kind of tricks.

A meeting in absentia can be held only for those partnerships, the possibility and procedure of which is prescribed in the charter. But, in absentia, decisions cannot be made on important SNT issues: the amount of contributions, the election of the board, etc.

In-person voting (as a form of holding a general meeting) will become possible by law only from 2019. The procedure for convening and holding a general meeting of members of the SNT in person and in absentia must be spelled out in the charter of the SNT!

The Chairman of the Board of SNT is not necessarily the chairman of the meeting. And the secretary of the meeting does not have to be the one who usually does this ... The chairman and secretary are elected by the decision of the general meeting, by a simple majority of votes. Another question is whether the one who was elected will have something to say if, according to the meaning of the agenda, the speaker should be the chairman of the board.

Anything can be discussed at the general meeting, but decisions can only be made on those issues that were indicated on the agenda. Changing the agenda during the general meeting of members of the SNT is allowed only if all 100% of the members are present. And this does not happen in SNT ...

As for the requirement to familiarize with the draft documents for approval (charter, estimate, regulation on the audit commission) ...

By current legislation and humanly, of course, it is worth familiarizing yourself with the draft documents. But "non-familiarization" with the draft documents for approval in advance will not entail legal negative aspects. This is not a reason to cancel the decision of the general meeting of members! The only unpleasant thing that can happen is that everyone unanimously votes “against”, simply because they don’t know what they are talking about ...

But from 2019, the SNT documents subject to consideration at the general meeting will need to be familiarized no later than 7 days before the meeting. If the estimate can be placed on the information board, then you can familiarize yourself with the Charter only using the official website. Do not forget that the task of the Board is not only to really acquaint everyone, but also to make sure legally: if the publication is in a newspaper, buy the newspaper; adding information did not "update" the publication date.

What to demand in court?

Depending on the grounds for which it is planned to “cancel” the decisions of the general meeting, the decisions may be declared invalid or void.

The decision of the SNT meeting may be declared invalid by the court if:

1. A material violation of the procedure for convening, preparing and holding a meeting has been committed, affecting the will of the participants in the meeting

2. The person speaking on behalf of the meeting participant did not have the authority

3. Violation of the equality of rights of participants in the meeting during its holding

ATTENTION! The decision of the meeting cannot be recognized by the court as invalid on the grounds related to the violation of the decision-making procedure, if it is confirmed by the decision of the subsequent meeting, taken in the prescribed manner before the decision of the court.

The person contesting the decision of the meeting must notify the writing in advance of the participants of the relevant civil law community about the intention to file such a claim with the court and provide them with other information relevant to the case.

The decision of the meeting is void if:

1. Adopted on an issue not included in the agenda, unless the meeting was attended by all members of the relevant civil law community;

2. Adopted in the absence of the required quorum;

3. Adopted on an issue not related to the competence of the meeting.

4. Contradicts the foundations of law and order or morality.

The most important thing is to keep a balance between private and general interests. Before canceling the decision of the general meeting, think about the consequences of this action for gardeners and the village as a whole.
By canceling the decision of the general meeting of members, there is a chance to cancel someone's membership. By losing membership, the owner loses the right to vote, elect and be elected.