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What documents of title should have a snt. Constituent documents

The fundamental document governing the practical activities of the partnership is The charter developed on the basis of legislative and regulatory documents operating on the territory of the Russian Federation:

Constitution Russian Federation;
Civil Code of the Russian Federation;
Land Code of the Russian Federation;
Tax Code of the Russian Federation;
Federal Law of April 15, 1998 No. 66-FZ "On horticultural, vegetable gardening and dacha non-profit associations of citizens";
Federal Law of August 8, 2001 No. 129-FZ "On state registration legal entities and individual entrepreneurs»;
Federal Law of July 21, 1997 No. 122-FZ "On state registration of rights to real estate and transactions with it";
Federal Law of July 24, 2007 No. 221-FZ "On the State Real Estate Cadastre";
Federal Law of October 25, 2001 No. 137-FZ "On the Enactment of the Land Code of the Russian Federation";
Federal law on autonomous institutions No. 174-ФЗ dated November 3, 2006 (with amendments that came into force on November 6, 2011).
Code of the Russian Federation on administrative offenses of December 30, 2001 No. 195-FZ and other legislative and regulatory legal acts in force on the territory of the Russian Federation.
Federal Law 217 FZ of July 29, 2017 on horticultural partnerships.

Internal documents SNT.

Public internal documents of SNT:

Due to the lack of legislative documents of the Russian Federation regulating the standard for disclosing internal documents of SNT, the list of public documents is established on the basis of clauses 2 of clause 1 of Art. 19Federal Law of April 15, 1998 No. 66-FZ "On horticultural, vegetable gardening and dacha non-profit associations of citizens." In accordance with this law, each member of SNT has the right to get acquainted with the charter, constituent documents, protocols general meetings members, minutes of meetings of the board, get acquainted with estimates, reports of the board and acts of the audit commission. This list can be supplemented by the decision of the board of SNT. By the decision of the board of SNT "Aviator" from 01.01.2012, public internal documents include:

SNT charter ;
Inner order rules;
Regulations on the Auditing Commission;
Job description of an accountant - cashier of SNT "Aviator";
Job description of the person responsible for the electrical equipment of SNT;
Job description of an electrician SNT;
Job description of the SNT watchman-crawler;
Job description of the locksmith - Aquarius SNT;
Estimates;
Minutes No. 15 of 06/26/2011 of the General Meeting of SNT ;
Minutes No. 22 dated 05/27/2012 of the General Meeting of SNT;
Agreement on the procedure for the use of infrastructure facilities, utilities and other common property SNT "Aviator";
Regulation on the board of SNT "Aviator".

However, any member of the partnership (or a group of members of the partnership) has the right to contact the SNT board with a request to receive a copy of the non-public document that interests him (them). To do this, you must submit to the board of SNT an application addressed to the chairman of the board of SNT "Aviator" indicating the reason for requesting a copy of the document and the option for obtaining it ( by registered mail, to the email address, personally at the board of SNT). The decision to provide (or refuse to provide) a copy of a non-public document is made by the SNT board.

Draft of the new Charter of SNT "Grove"

Changes to the Charter of the CH T "Grove". Clarifications

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

The general meeting of the members of the Partnership on 07/14/2018 resolved (clause 9 of Protocol No. 1 dated 07/19/2018):

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

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

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

Draft of the new edition of the Charterdeveloped on the basis of legislation, taking into account the history of our SNT, experience and features of SNT work. The project is posted for review on the site, in the section ", Documents SNT -> Constituent documents», In the Management Board, at those on duty. Submit your suggestions on the draft Charter, report any typos and errors found, and send them to the Board, to the SNT email address snt-rosha-61@mail.ru. Anonymous proposals for the draft charter will not be considered.

Clarifications on amendments to the Articles of Association and articles of laws relating to the partnership property owners:

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

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

In accordance with the new legislative requirements, SNT must add the words Association of Real Estate Owners (TSN) to its name. In principle, this does not carry any fundamental changes or consequences for us, and we will not comment on the legislative initiatives.

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

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

Civil Code of the Russian Federation

(excerpts from articles related to changes in the Articles of Association)

Article 123.12. Basic provisions on a real estate partnership

1. A partnership of real estate owners is recognized as voluntary association owners of real estate (premises in the building, including apartment building, or in several buildings, residential buildings, garden houses, garden or vegetable garden land plots etc.), created by them for joint ownership, use and established by law the limits of disposal of property (things), by virtue of the law, being in their common ownership or in common use, as well as for the achievement of other goals stipulated by laws.

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

3. The Association of Real Estate Owners is not responsible for the obligations of its members. Members of a real estate association are not liable for its obligations.

Article 123.13. Property of a real estate partnership

1. The Association of Real Estate Owners is the owner of its property.

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

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

Article 123.14. Features of management in a partnership of real estate owners

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

2. In the partnership of real estate owners, a sole executive body (chairman) and a permanent collegial executive body (board) are created.

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

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

Article 4. Organizational and legal form of a non-profit organization created by citizens for gardening or horticulture

3. A horticultural or horticultural non-profit partnership is type of real estate partnership.

Article 54. Transitional Provisions

1. Reorganization of non-profit organizations created by citizens for gardening, truck farming or country house until the date of entry into force of this Federal Law is not required, except for the cases established by this article.

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

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

6. Changes in the names of the organizations specified in Part 1 of this Article, in connection with their bringing in compliance with this Federal Law, do not require changes to be made to the title and other documents containing their previous names. The introduction of such changes can be carried out at the request of interested parties.
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Membership in the Partnership

A distinction should be made between the following statuses: gardener and gardener-member of the Association... All owners of plots that are owned or owned or used are gardeners. A gardener can receive the status of a member of the Association after accepting him as a member of the Association. So, in accordance with the Charter of SNT and No. 66-FZ:

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

Along with this, it should be noted that founders horticultural, horticultural or suburban non-profit association considered accepted as members of such an association from the moment of its state registration. Other persons entering into such an association are admitted to its members by the general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association.

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

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

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

Enlarged and in simple words:
Rights:

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

Duties:
- timely pay membership and other fees provided for by No. 66-ФЗ and the Charter, taxes and payments
-participate in events held by the Partnership
-participate in general meetings of members of such an association
- to carry out the decisions of the general meeting of members of such an association or a meeting of authorized representatives and decisions of the board of such an association

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

It should be noted that the actual number of members of the Partnership was not recorded since ancient times. The current Board, elected at the general meeting on August 11, 2012, is addressing this issue.

Those gardeners who have lived in the "Grove" for a long time will probably remember that in different documents, and just "by ear" the number of members of the Association is 349. However, this is not so. To begin with, simple arithmetic: 349 is the last number of the site in our "Grove"; some own more than one site, for example, five SNT members own two plots, which means that SNT members are already five less, since the number of sites remains unchanged - 349, some site owners - SNT members, unfortunately, have died, there are those who sold the plots , and the new owners did not become members of SNT, there are plots that do not belong to anyone, etc. Thus, it is obvious that the number of members of our Fellowship is not 349.

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

Application form for membership in SNT "Grove"
Download

Horticultural, horticultural or suburban non-profit association of citizens - non-profit organization, founded by citizens on a voluntary basis to assist its members in solving general social and economic problems of gardening, truck farming and dacha farming.

A horticultural, vegetable gardening or dacha non-profit association of citizens can be established in the form (organizational and legal forms):

horticultural, horticultural or suburban non-profit partnership;
horticultural, horticultural or suburban consumer cooperative;
horticultural, horticultural or suburban non-profit partnership.

A non-profit association of citizens in an organizational and legal form chosen by citizens (hereinafter referred to as a non-profit partnership) is a legal entity under the legislation in force in the territory of the Russian Federation.

Legal status Non-profit partnership determined by the Civil Code of the Russian Federation, special federal laws and its charter.

A non-commercial partnership can, on its own behalf, acquire and exercise property and personal non-property rights, perform duties, be a plaintiff and defendant in court.

The partnership does not set profit making as the main goal of its activities and does not distribute the received profit among its members.

A non-profit partnership owns a separate property recorded on its independent balance sheet, which it uses for the purposes specified in its charter.

The governing bodies of the Non-Profit Partnership are:

General meeting;
Partnership Board;
Chairman of the Board.

The supreme governing body of the Non-Commercial Partnership is the General Meeting of the Partnership's members.

The main function of the General Meeting of Members is to ensure that the Partnership adheres to the goals for which it was created.

General management and control (supervision) over the activities of the Non-Commercial Partnership is carried out by the Board of the Non-Commercial Partnership.

The management of the current activities of the Non-Commercial Partnership is carried out by its permanent executive sole body - the Chairman of the Board.

Control over the activities of the Non-Commercial Partnership, the correctness of spending its funds, the implementation of the charter and decisions of the governing bodies of the Non-Commercial Partnership is carried out by the Audit Commission (auditor).

The management and control bodies of the Non-Profit Partnership are elected only from among the members of the partnership.

Documents of garden non-profit associations:

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

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 points of the charter are the most important when drawing up a document.

The charter is a standard document that must have eight mandatory sections. In this case, the content of the document can be supplemented by other points, 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 about making decisions on various issues related to the use of resources. Some attention is paid to the procedure for making membership fees and joining the partnership. The following points should be considered in the standard form of the charter:

duties and rights of each member of the partnership;
community funds and the order of their spending;
management bodies of SNT;
supervisory bodies of the partnership.

The last section assumes the presence of such bodies when it comes to the reorganization or liquidation of the community. In general, it can be noted that a correctly drawn up and well-developed document will allow you to successfully organize Garden community and its efficient operation.

Changes made to the procedure for registration of statutory documents

In July 2017, a federal law was adopted, which should enter into force in January 2019. Federal Law No. 217 replaced the old law, Federal Law No. 66, and thus introduced certain amendments related to the registration of statutory documents and other legal papers.

Article 4 of the new law states that citizens are allocated land plots within the "permitted use" for setting up a garden or vegetable garden. This makes it possible to organize only two forms of activity - horticultural and horticultural non-profit partnership. There are several parameters that allow you to determine the organizational and legal form of 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 current legislation, have the right to create communities of a non-profit type.
Owners of land located within the boundaries of horticulture or horticulture may create only one partnership for the purpose of managing common property located within the common territory.
The partnership involves the entry into it only of property owners.

Based on these provisions, it is important to bring the charter of partnerships in 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 charter?

A sample SNT charter can be downloaded free of charge 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:

SNT name.
The organizational and legal form of the partnership.
The location of the community.
The goals and subject of the organization.
The procedure for managing the activities of SNT, including the powers of various internal bodies of the organization.
Conditions for admission to the partnership, exclusion from it and withdrawal on a voluntary basis.
Features of maintaining the register of community members.
The 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.
Procedure of activity individual bodies SNT and making 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 there is a sample, make up new document it will not be difficult. To do this, it must be borne in mind that all citizens who have plots in the territory of gardening 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 transferred 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 SNT and in the future draw up a draft community charter. The document must contain all the necessary information defining the work of the partnership and individual data legal entity... Only in this case the document will have legal value and legal force.

Hello.

In accordance with Art. 19 of the Federal Law "On horticultural, vegetable gardening and dacha non-profit associations of citizens", a member of such an association has the right

2) receive information on the activities of the management bodies of such an association and its control body;

Control of financial activities associations carry out audit committee(Art. 25):

Article
25. Control over the financial and economic activities of the horticultural,
a gardening or summer cottage non-profit association
1.
Control over the financial and economic activities of the horticultural,
a gardening or suburban non-profit association, including for
activities of its chairman, members of the board and the board,
carries out audit commission (auditor) elected from among the members
such an association by a general meeting of its members, consisting of one or not
less than three people for a period of two years.

The Audit Commission
(auditor) the chairman and members of the board cannot be elected, and
also their spouses, parents, children, grandchildren, brothers and sisters (their spouses).
Order
the work of the audit commission (auditor) and its powers are governed by
regulations on the audit commission (auditor), approved by the general
a meeting of the members of such an association (a meeting of authorized representatives). Revision
the commission (auditor) is accountable to the general meeting of the members of such
associations. Re-election of the Auditing Commission (auditor) may be
held ahead of schedule at the request of at least one quarter of the total
the number of members of such an association.
2.
Members of the auditing commission (auditor) of the horticultural, vegetable gardening
or a dacha non-profit association are responsible for
improper performance of the duties provided for by this
Federal law and the charter of such an association.

In terms of providing documents not to the audit commission, but to a member of SNT, the specified law only says the following:

3. Copies of minutes general meetings of members
horticultural, horticultural or suburban non-profit association,
meetings of the board, the audit commission (auditor) of such
associations, commissions of such an association for monitoring compliance
legislation, certified extracts from these protocols are presented
to familiarize the members of such an association at their request, as well as
local government body on the territory of which such
association, bodies state power relevant entity
Russian Federation, judicial and law enforcement authorities,
organizations in accordance with their requests in writing.

Consequently, only the Audit Commission has access to financial documents.

The problem you raised is quite common and does not find a single solution even in jurisprudence- there are absolutely opposite court decisions on claims of members of SNT to provide them with accounting documents, etc .: sometimes judges freely interpret the concept of "information" and oblige SNT to provide these documents, but often the courts refuse such a request on the above grounds.