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What horticultural associations. SNT: what is it, decoding and features

Sacred for Russians throughout the life of more than one generation. The activities of associations of gardeners and gardeners are regulated Federal Law No. 66, which was adopted in the country in 1998. According to this law, all summer cottages partnerships are non-profit associations, have their own Charter and governing body general meeting, which elects the Board, its Chairman and . To create them, you need the desire to unite at least three citizens who decide on the creation of SNT.

The date of establishment of the partnership is the moment when information about the association of gardeners and gardeners is entered into Unified State Register of Legal Entities, which is mandatory.

The main document of the SNT, which regulates the activities of the association - Charter. It is approved and accepted by . It is based on a standard form, which is adjusted in accordance with local characteristics. All provisions of the Charter must comply with the requirements of the current legislation. The document describes the management structure of the company, terms and procedure for their election, rights and obligations, as well as goals, objectives and internal regulations of the SNT. The purpose of creating non-profit partnerships of gardeners and gardeners is to unite collective efforts to solve social and economic problems. created to address urgent issues. They keep records on the expenditure of funds of a non-profit association, are engaged in the allocation of land owned by SNT, garbage collection and other issues related to the organization of the life of holiday villages and cooperatives.

Features of the election of the board of the partnership

Such documents are subject to mandatory accounting and storage. The form of voting when choosing the board of the SNT is secret unless otherwise provided in the Articles of Association. The law prohibits the election of members of the Board open vote. The law establishes a term for electing the management body of the partnership. It is limited to two years. The number of members of the Management Board is determined by the general meeting during the formation of the Charter of the company and is fixed in its provisions. The same document determines the number of members of the Audit Commission and the procedure for its election.

Re-elect the bodies of the Management Board of the company possible by convening members of the society. Its initiators can be at least 1/5 SNT participants or Audit Commission. Refusal to hold such a meeting, in accordance with current legislation, may serve as a violation of the order of convocation. This procedure is established in the Charter of the partnership. In the absence of violations, the meeting must be held within 30 days from the date of the decision to convene it.

The reason for convening an extraordinary meeting of the SNT may be not only the unsatisfactory work of the bodies of the Board of the association, but also the withdrawal of former participants from its membership, as well as other reasons provided for The charter of the partnership. Decisions at meetings are made by a majority of the members of the partnership, unless otherwise provided in the Charter. The meeting is considered to be held and competent if there is a quorum of members of the company - more than half its members.

Powers of the Board of the Association

The SNT Board is a governing body that makes all decisions collectively and is elected by the members of the non-profit association at their general meeting. Elections are held in accordance with the Charter of the SNT. The collegial nature of the management of the partnership is determined by the current legislation. Job description chairman of the board of the horticultural association limits his power and control. He does not have the right to make important decisions for the SNT alone.

The work of the Board of SNT and its Chairman should be aimed only at fulfilling the decisions of the meeting of members of the partnership. The role of the Chairman is to organizing and coordinating the work of members of the Management Board. Within the competence of the Board of SNT - convening meetings of the partnership.

The Board carries out operational management of the activities of a non-profit association and may plan its economic activity. It makes cost estimates. necessary costs, manages the assets of SNT within its powers, which are described in the Charter. The responsibilities of the Board include the organization of accounting and execution of relevant reporting of the community, as well as other issues.

The decision and activities of the SNT Board can only be directed towards the fulfillment of the goals determined by its members. All of them must comply with the current legislation of the Russian Federation. On the Board members And Chairman responsible for its implementation and control over compliance.

Rights and obligations of the chairman of the board of a horticultural (dacha) partnership

Rights and duties of the Chairman The board of the SNT is dedicated to . In addition to this rule, legal status The chairman is also determined by the charter of the partnership.

Based on the Charter, the Chairman may act on behalf of the partnership. To do this, he does not need a power of attorney from SNT. The constituent documents of the society give the Chairman the right to sign all documents related to the financial and economic activities of the SNT. The competence of the Chairman of the Management Board includes the conclusion of transactions and agreements, which may be of a different nature. The main duty of the Chairman is to observe the interests of the SNT, promptly solve current problems and take care of the normal activities of the association.

Responsibility of the Chairman of the Board of the Association

Activities of the Chairman of the Board of SNT not only honorable, but responsible. Causing harm to the partnership, abuse of one's powers and violation of the norms of the current legislation while the Chairman is in office can lead not only to his re-election, but also to prosecution. The latter can be material, disciplinary, administrative and even criminal. The decision on the choice of the form of holding the Chairman liable is made exclusively by the court, based on the application of the members of the partnership.

Conclusion:

All SNTs are non-commercial associations of citizens.
You can create a partnership at least three people.
A prerequisite for the existence of SNT is registration.
The board of the association is carried out on the basis of Charter.
The main governing body of the SNT is the meeting, which elects the members of the Board and the Audit Commission, as well as the Chairman.
The activities of the SNT are regulated Federal Law No. 66 which was adopted in 1998.

The most popular questions and answers to them at an extraordinary meeting of a horticultural (dacha) partnership

Question: Hello, my name is Elena. Members of the SNT annually collect cash for the needs of the association. The sums are rather big, but there are no tangible deeds. How can I check the spending of the collected funds?

Answer: Hello, Elena. The Chairman of the Board of the SNT must report annually on the financial and economic results his work. If this does not happen, then each member of the partnership has the right to apply to the court with statement of claim about being forced to do so. If the activities of the Chairman prove to be illegal and harm the CNT, he can be held liable and compensate for the damage caused to the partnership.

Effective January 2019 new law regulating the activities of horticultural and horticultural associations. At the same time, this law makes significant changes to thirty-nine laws that are in force on the territory of our country.

The task of the new law is to eliminate the problems associated with the conduct of gardening by associations of citizens. After all, according to rough calculations, more than sixty million citizens are engaged in gardening in our country. Innovations should eliminate not only administrative problems, but also create comfortable conditions for every gardener.

What is SNT

Federal Law No. 66-FZ "On horticultural, horticultural and dacha non-profit associations of citizens" defines SNT as an association of citizens for the purpose of obtaining dacha, horticulture or dacha land plots And joint management activities in such an area. But the first article defines SNT as an organization created to assist citizens in the implementation of economic activities in the framework of horticulture and horticulture.

SNT is a legal entity that acts solely on its own behalf and is endowed with its own rights and obligations. This means that the members and the legal entity itself are separately liable for their obligations.

A horticultural or other partnership exists at the expense of contributions paid by its members in a certain period. With this money, the common property of the participants in the partnership is created, and the maintenance of such property is carried out.

The territory belonging to a horticultural non-profit partnership is a plot owned by members of the SNT, as well as a common area. At the same time, the legal entity has certain obligations in relation to the maintenance of areas for common use:

the obligation to pay taxes for the common territory lies solely with the SNT, since such an obligation is imposed on the members of the partnership only for their plots;
gardening is obliged to carry out work on the maintenance of the common area;
cleans the area, collects and removes garbage.

Horticulture is managed by members of the board, the chairman, as well as the general meeting of members of a horticultural or other partnership.

Law on horticultural non-profit partnerships (SNT)

Until January 2019, the activities of horticultural, horticultural and dacha partnerships are regulated by Federal Law No. 66-FZ “On horticultural, horticultural and dacha non-profit associations of citizens”. Since its adoption in 1998, it has undergone many changes, including taking into account the decisions of the courts.

The federal law establishes:

way of bringing citizens together joint implementation horticultural, dacha or horticultural activities;
methods of granting land;
form of management of a legal entity, as well as the rights of gardeners;
forms joint work with the municipal government;
the order of development of the territory.

Changes being made to other legislative normative acts in a number of cases had an impact on the scope of the rights of members of partnerships. An example is the introduction of the law “on dacha amnesty”, which significantly simplified the procedure for registering the right to buildings located on gardening plots.

However, a few years ago there was a need to change the legislation governing the activities horticultural associations citizens. With the adoption in 2017 of a new regulatory framework in the field of horticulture, Federal Law No. 66-FZ “On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens” will cease to exist from January 1, 2019.

The main directions of the law on SNT

The current version of the law on SNT provides for several types of associations of gardeners:

non-profit partnerships;
consumer cooperatives;
non-profit partnerships.

The difference between these forms is the procedure for exercising the rights and obligations of both the members of the association and the legal entity.

Federal Law No. 66-FZ is a special rule governing the procedure for granting land for horticulture or horticulture.

The law supplements the established procedure with the following provisions:

establishes the maximum area of plots for allocation to citizens;
changes the procedure for obtaining possession of land with a special status;
introduces the order of allocation of plots in the SNT.

In addition, the provisions normative act regulate in detail the rights of horticulture and its members, as well as the means of protecting these rights.

In accordance with article 20 of the said law, the governing bodies of the SNT are defined:

general meeting of members as the main body;
authorized associations, which include selected representatives from among gardeners;
SNT board as execution of decisions general meeting;
the direct execution of the powers of the SNT is carried out by the chairman.

Also, Federal Law No. 66-FZ lists ways to support SNT by municipal authorities and organizations.

This form of organization horticultural activities in our country gave rise to many problems, the solution of which was proposed by creating a new law.

Among the problems are:

a large number of organizational forms of associations;
uncontrollable amounts of contributions, which turned into real extortions from horticulture members;
difficulties with the registration and construction of residential buildings on the territory of gardening;
horticultural members have to independently carry out some expensive communications to the site;
municipal governments do not support SNTs.

What will change in horticultural partnerships in 2018

New changes in the organization of horticultural activities are being introduced federal law No. 217 "On the conduct by citizens of gardening and horticulture for their own needs and on amendments to certain legislative acts Russian Federation". The entry into force of the changes is set from January 1, 2019, but already from the beginning of 2018, many gardeners will have to restructure their activities.

First of all, the form of association of gardeners in cooperatives is excluded, since they are morally obsolete and are not used in fact in our country. Dacha associations of citizens are also excluded. The transition to new forms should be completed by the end of 2023.

Now, to create an SNT, you need to get more than three votes of the founders at the general meeting. Additionally, a list of all newly formed members of horticulture is compiled, indicating the cadastral numbers of the land plots belonging to them. At the same time, the minimum number of members of an association of citizens should be seven people.

The form of management of the partnership is changing, which will be carried out by the following bodies:

general meeting;
chairman;
revision committee.

Along with the concept of residential premises, the category of a country house is found, which is intended for the temporary stay and residence of citizens, and the term "residential building" is excluded.

Introduced new system directional contributions:

introductory;
membership;
target.

The law regulates in detail the purposes for which funds of each category can be spent.

For the convenience of connecting to utility networks, the concept of common property is introduced. This change is similar to the common property of an apartment building. Now all communications and engineering networks can belong to all gardeners on common law, and their maintenance will be carried out by SNT.

Additionally, the territorial principle of the organization of the partnership is established. It is forbidden to create two or more associations on the same territory. This means that it is impossible to create an association of gardeners within a gardening partnership.

The rules for land surveying the territory of SNT have also changed:

the total area may include lands of the municipality and common use;
it is forbidden to restrict free access to the common territory located outside the borders of the SNT.

The rest of the law duplicates past provisions or adjusts the requirements of other laws to the specifics of dacha associations.

Pros and cons of the SNT law

Among the advantages of the new law, one can single out an integrated approach to changing horticultural activities in our country.

Preconditions for close cooperation with municipal authorities have been created. One of the advantages of this interaction was a simplified system of medical care for horticultural members, as well as providing utilities. In addition, now the repair of roads located within the SNT and the territory adjacent to it is carried out with the help of municipal funds.
The exclusion of some forms of association of gardeners involves the creation of a transparent system of taxation and protection of the rights of all participants in the association.
The introduction of the category of gardeners' common property should simplify the procedure for connecting to public utilities.

But the law also has its shortcomings, which so far stand out only in theory.

The introduction of the concept of a garden house as a capital dwelling entails the possibility of registration at the address of the building. The consequence of this may be the impossibility of social renting apartments and exclusion from the queue for housing.
Gardeners who own land on the basis of a membership book without registering with Rosreestr may encounter difficulties in legalizing their land. Since the requirements of the law on registration make it possible to exclude from the cadastral registration those plots for which the property is not registered. Such land will become the property municipalities and its owners will have to prove their right through the courts.
Specific regulations have not been established for the performance of a number of functions of the SNT. Difficulties may arise, for example, with the decision to purchase shares in the common property of horticulture, for which it is necessary to ensure the mandatory presence and desire of all members of the horticulture.
The transition period for the implementation of the changes is set until the end of 2023. However, from January 2019, horticulture must apply new requirements for the implementation of activities, many of which are not yet regulated by by-laws.

Article 19

Rights and obligations of a member of a horticultural, horticultural or dacha non-profit association

1. A member of a horticultural, horticultural or dacha non-profit association has the right to:

1) elect and be elected to the management bodies of such an association and its control body;

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

3) manage independently on their land plot in accordance with its permitted use;

4) to carry out, in accordance with urban planning, construction, environmental, sanitary and hygienic, fire safety and other established requirements (norms, rules and regulations), the construction and reconstruction of a residential building, utility buildings and structures - on a garden plot of land; a residential building or a residential building, utility buildings and structures - on a summer cottage; non-capital residential buildings, utility buildings and structures - on a garden plot;

5) dispose of their land and other property in cases where they are not withdrawn from circulation or restricted in circulation on the basis of the law;

6) in the event of the alienation of a garden, vegetable garden or dacha land plot, simultaneously alienate to the acquirer a share of common-use property as part of a horticultural, horticultural or dacha non-profit partnership in the amount of earmarked contributions; a property share in the amount of a share contribution, with the exception of the part that is included in the indivisible fund of horticultural, horticultural or dacha consumer cooperative; buildings, structures, structures, fruit crops;

7) upon liquidation of a horticultural, horticultural or dacha non-profit association, to receive the due share of common use property;

8) apply to the court to invalidate the decisions of the general meeting of members of the horticultural, horticultural or dacha non-profit association or the meeting of authorized persons, as well as decisions of the board and other bodies of such an association that violate his rights and legitimate interests;

9) voluntarily withdraw from a horticultural, horticultural or dacha non-profit association with the simultaneous conclusion of an agreement with such an association on the procedure for use and operation engineering networks, roads and other common property;

10) carry out other actions not prohibited by law.

2. A member of a horticultural, horticultural or dacha non-profit association must:

1) bear the burden of maintaining the land plot and the burden of responsibility for violation of the law;

2) bear subsidiary liability for the obligations of a horticultural, horticultural or dacha consumer cooperative within the limits of the unpaid part of the additional contribution of each of the members of such a cooperative;

3) use the land plot in accordance with its intended purpose and permitted use, not damage the land as a natural and economic object;

4) not violate the rights of members of such an association;

5) comply with agrotechnical requirements, established regimes, restrictions, encumbrances and easements;

6) timely pay membership and other fees provided for by this Federal Law and the charter of such an association, taxes and payments;

7) to develop a land plot within three years, unless another period is established by land legislation;

8) comply with urban planning, construction, environmental, sanitary and hygienic, fire and other requirements (norms, rules and regulations);

9) participate in events held by such an association;

10) participate in general meetings of members of such an association;

11) implement the decisions of the general meeting of members of such an association or the meeting of authorized persons and the decisions of the board of such an association;

12) comply with other statutory and the statutes of such association requirements.

Federal Law No. 66-FZ of April 15, 1998 (as amended on July 1, 2011) "On horticultural, horticultural and dacha non-profit associations of citizens"

Rights and obligations of members of a horticultural partnership

This article will address some of the issues that may concern gardeners.

We have created a horticultural partnership and we are to issue gardeners' books. However, there is a reasonable forecast that members of the partnership will not donate money for the development of infrastructure facilities because of the current high cost. What does the law say in this case?

In accordance with the law of the Russian Federation "On horticultural, horticultural, horticultural and dacha non-profit associations of citizens" and the Charter of the partnership, for the creation and maintenance of infrastructure facilities of the horticultural association, all members of the partnership are required to submit membership and earmarked contributions in the terms, manner and amount determined by the general meeting. The general meeting, as the supreme governing body of the association, determines the types and sequence of creation of such objects. The refusal of a member of the partnership to make contributions entails his exclusion from the partnership by decision of the general meeting or the recovery of debt on payment of contributions in a judicial proceeding. Moreover, non-payment of fees is not a basis for depriving the gardener of the plot. Thus, with an established and registered partnership, a successful forecast of its further development depends on the skillful organization of his leadership and the material well-being of the members of the partnership. Otherwise, in accordance with the Charter of the partnership, a decision should be made to liquidate it or reorganize it into something else, with a smaller number of founders (owners of the plots), but capable of creating the necessary infrastructure for a horticultural association.

What sanctions can a horticultural association apply to persistent non-payers of membership and earmarked contributions?

The general meeting may establish penalties charged from debtors as a percentage of the amount of debt for each day of delay. The partnership has the right to establish, in addition to the above, public sanctions against non-payers in the form of reprimands, warnings, up to and including exclusion from members of the partnership. However, all these sanctions will in no way affect the ownership of land by a member of the partnership - he, as he was, remains the owner. Therefore, the most radical way in such cases is to recover from the defaulter the amount of debt and penalties in court.

In our partnership, we, gardeners, annually pay membership and target fees in ever-increasing amounts, but nothing is being done, no electricity has been installed, roads are not being repaired. Can we refuse to pay targeted contributions for work that is not being performed?

In this case, it is impossible to refuse to pay targeted contributions for the subsequent performance of the necessary work to develop the horticultural association, since the payment of such contributions is the statutory obligation of a member of the partnership. However, members of the horticultural partnership have the right to demand from the board a report on the use of the paid earmarked contributions for the intended purpose at the general meeting of gardeners and, depending on the results of the report, make an appropriate decision (on the re-election of the board, on compensation for the damage caused by the guilty, etc.).

I was allocated a cluttered plot, I paid all the fees, I have owned it for three years, but the board of the partnership does not draw up documents for privatization. What is the way out of this situation?

In this case, you should apply with the appropriate application to the district administration. In accordance with Art. 28 of the Law of the Russian Federation "On horticultural, gardening and country non-profit associations of citizens" citizens have the right to individually to privatize the garden, orchard and dacha plots assigned to them. In the event of a discrepancy between the actual area of garden, vegetable garden and summer cottage land plots, the area of such plots specified in earlier decisions, the body local government has the right to fix garden, garden and country plots of land within the new boundaries or demand the restoration of the former boundaries. Upon receipt of a written refusal of the administration to privatize the issue can be resolved in court.

In our region, we, as members of a horticultural partnership, pay for the use of electricity not as rural residents, but at tariffs set for urban residents. Is it correct?

To answer this question, we turn to the current regulations. So, according to paragraph 1.11c. Instructions of the State Committee for Prices of the Russian Federation and the Ministry of Fuel and Energy of the Russian Federation dated November 30, 1993 No. 01-17 / 1443-11, VK-7539 "On the Procedure for Payments for Electricity and Thermal Energy" (as amended on November 25, 1994) in the case of if a city dweller with a house in countryside, travels there for temporary residence, payment for the electricity consumed by him for domestic needs is made at the rate established in this region for rural residents. The instruction contained in paragraph 1.5. of the same instruction, that members of horticultural associations pay for electrical energy used for domestic needs, according to the tariff established for the urban population, contradicts both paragraph 1.11v. the instructions themselves, as well as the current legislation. In particular, Art. 7 of the Law of the Russian Federation of April 14, 1995 N 41-FZ "On state regulation tariffs for electricity and heat in the Russian Federation”, according to which the federal and regional energy commissions in their activities are guided by the legislation of the Russian Federation, and in accordance with paragraph 9 of Art. 35 of the Law of the Russian Federation "On horticultural, horticultural and dacha non-profit associations of citizens" for gardeners, gardeners, dacha residents and their horticultural, horticultural and dacha non-profit associations, payment standards for electricity, water, gas, telephone are established, specific for rural consumers, which include rural population.

I'm retired and can't pay the ever-increasing contributions. I don't want anything from a partnership. I wanted to leave the partnership, but the district administration told me that in this case, my land plot had nowhere to be placed. What do i do?

It is practically impossible to withdraw from the members of a horticultural partnership, while excluding your land plot from the territorial boundaries of the partnership. After all, it is necessary to change the general plan of the territory of the partnership, to establish the administrative status of a personal garden farm (whether to attach it to a rural settlement, or to define it as a farm, a farm), and local authorities are unlikely to agree to this. It remains only to withdraw from the membership of the partnership and, in accordance with the Law of the Russian Federation “On horticultural, gardening and country non-profit associations of citizens”, having paid all fees and paid off debts, on the basis of a written agreement with the partnership, pay for the use of infrastructure facilities. For what exactly and in what amount - this is already a subject of agreement between the parties fixed in the contract.

I have a garden plot, to which there is a bulk dirt road. I regularly paid money for its repair, but this year I refused to pay: I don’t use the road and the car came to me 8 years ago. Am I right?

In accordance with the charter of the horticultural partnership and the law of the Russian Federation “On horticultural, gardening and country non-profit associations of citizens”, a member of the horticultural partnership is obliged to make payments in the form of membership and earmarked contributions for the maintenance and repair of infrastructure facilities in the amount, terms and procedure established by the decision of the general meeting of the partnership . Individual gardeners make such payments on the basis of a written contract. Thus, you are required to pay your share of the payments for road repairs.

What sanctions can a gardening partnership apply to gardeners who do not pay for the use of electricity on their plots?

The gardener is obliged to pay for electricity to the cash desk or to the account of the partnership, since he uses electricity through the electricity networks of the partnership, which in turn consumes electricity under an agreement with the energy supply organization. In case of non-payment, the partnership incurs losses, since it pays with the energy supply organization for the total amount of electricity consumed, including for the non-payer. To avoid this, the general meeting of members of the partnership has the right to decide on the collection of late payment penalties from the non-payer. Such a decision may be based on the conditions and amount of the collection of fines contained in the contract with the energy supply organization. The losses of the partnership for paying for electricity can be recovered from the non-payer in court on the basis of Art. 15 of the Civil Code of the Russian Federation.

During the period of electrification of our gardening partnership, a pole was laid near my site, but they forgot to dig it. So I'm still without electricity. What should I do?

In accordance with the charter of a horticultural partnership and the Law of the Russian Federation “On horticultural, gardening and country non-profit associations of citizens”, the creation of the infrastructure of the partnership and common facilities for the purposes of collective gardening is the prerogative of the partnership as a legal entity. Moreover, the right to use such objects applies to each member of the partnership to the same extent. In this case, the rights of a member of the partnership for the use of electricity are violated and therefore the partnership is obliged to connect the site to the power grid. If this does not happen, then a lawsuit should be filed against the partnership in court to restore the violated right.

The sizes of the land plots indicated in the books of gardeners do not correspond to the actual ones. The general meeting of the members of the partnership decided to pay membership fees depending on the size of the plot on the basis of land measurement acts. Measurement certificates without owner's signature. Is such a decision correct?

The decision of the meeting is competent until it is canceled or changed by the members of the partnership or by the court. If the size of the land plot does not correspond to the title documents (certificate of ownership, site plan, decision to allocate a plot of land, etc.), then after the necessary field measurements are carried out, such documents are subject to replacement in the absence of an administrative dispute, and in the presence of a dispute - in the judiciary.

My wife and I own a land plot in a gardening partnership, but my wife is not a member of the partnership. The chairman of the board requires her to become a member of the partnership and pay membership and target fees for her site. I believe that we are one family, and I regularly pay all dues for my plot. Is the chairman right?

In accordance with the Charter of the horticultural partnership, each member of the partnership is obliged to pay membership and target fees. In this case, such an obligation lies only with the husband, since the wife is not a member of the gardening partnership. However, since her garden plot is located within the territory of the horticultural partnership, she must also share in the costs of maintaining and developing the partnership. Otherwise, the partnership may regularly bring claims against her in court for reimbursement by her of a share of the necessary costs (maintenance of a watchman, repair of roads and water supply, general fencing of the territory, etc.). Therefore, the most simple solution The described conflict is the entry of the spouse into the partnership.

In July of this year, by decision of the general meeting, it was decided, starting from the second half of last year, to collect membership fees depending on the size of the land used by each member of the partnership. Some gardeners object, since such an order is not enshrined in the Charter and the money has to be paid “backdating”. Is such a decision correct?

If the decision of the general meeting is considered as an act of civil legislation, then it does not have retroactive effect and applies to relations that have arisen after its entry into force. Only any special law may expressly provide otherwise (see Art. 4, 422 of the Civil Code of the Russian Federation). In other words, new order collection of contributions in this case is mandatory for everyone, starting from the day such a decision is made, and for the previous period the amount of contributions remains the same. The prerogative of the general meeting in accordance with subparagraph 10 of clause 1 of article 21 of the Law of the Russian Federation "On horticultural, gardening and country non-profit associations of citizens" is to determine the size and procedure for paying targeted and other contributions, therefore the decision of the general meeting on this issue does not have to be included in the Charter .

Back in 1995, we began to collect money from our gardeners for the electrification of the partnership. There are comrades who have not handed over their dues to this day. They say they don't need light. At the meeting, we want to oblige them, in addition to the total amount of contributions, to pay 50% for moral and material damage, since we have a long-term construction, inflation, and an increase in the cost of construction due to their fault. Would such a decision be legal?

All members and non-members of the partnership are obliged to comply with the decision of the general meeting on the need to spend on the electrification of the territory of the horticultural association, including additional contributions for these purposes, regardless of whether they need light or not. Not applicable in the case described. legal concepts about moral and material damage, but the general meeting may decide to collect a penalty fee for the delay in the above payments. Such a decision will be valid from the moment of its adoption for the future and has no retroactive effect. The procedure for paying membership fees is determined by the general meeting.

My grandmother is a member of the gardening cooperative. I have a power of attorney from her for the management, privatization, etc. of a land plot. Do I have the right to be elected to the board or the audit committee?

Any power of attorney to carry out any action is in the nature of representation. In accordance with the Charter of a horticultural cooperative, only a member of the cooperative, and not its representative, can be elected to its board, therefore, according to the power of attorney you have, you cannot be elected to the board and the audit commission.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

with partnerships,
without partnerships.

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

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

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

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

The law also defines provisions regarding:

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

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

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

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

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

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

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

Possibility of changing SNT to HOA

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

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

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

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

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

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

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

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

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

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

Register of partnership members

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

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

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

The register of partnership members contains the following information:

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

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

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

The principle of territorial subordination of partnerships

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

The purpose of introducing this principle is quite obvious:

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

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

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

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

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

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

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

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

Common property in SNT and ONT

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

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

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

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

The list of needs includes:

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

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

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

free,
without charge.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Contributions to SNT and ONT

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

membership
targeted

You won't have to pay an entrance fee.

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

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

With regard to earmarked contributions, the possibilities for spending them are more diverse. They are associated with the following tasks:

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

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

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

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

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

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

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

What is allowed to build on garden and garden plots?

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

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

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

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

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

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

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

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

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

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

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

On the construction of water wells on garden and garden plots

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

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

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

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

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

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

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

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

Organs state power subjects of the Russian Federation and local governments have the right to support the development of horticulture and horticulture in other forms established at the local level in accordance with the legislation of the Russian Federation.

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

Registration in garden houses

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

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

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

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

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

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

Collisions between the new law and other laws

First collision

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

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

Second collision

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

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

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

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

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

Third collision

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

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

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

Fourth collision

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

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

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

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

Fifth collision

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

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

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

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

Consideration of numerous comments and amendments received during the discussion of the draft law resulted in significant changes reflected in the law.

Let us reiterate the main provisions of the law:

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

contributions to new SNT and ONT:

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

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

partnership documents must be kept for 49 years,

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

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

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

This video material testifies to the heated discussion of the bill in the final third reading in the State Duma:

Good to know

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

Protection of the rights of members of horticultural non-profit partnerships is one of the most common causes with which people turn to the lawyers of our company.

This article is devoted to violations of the rights of members of the SNT, as well as ways to protect the rights of members of the SNT.

A brief description of the rights and obligations of a member of the SNT is contained in the Federal Law No. 66(Appendix No. 5)

In the SNT, situations often arise when the majority of ordinary members of the SNT know absolutely nothing about the activities of the governing bodies of their SNT. This leads to a massive violation of the rights of a member of the SNT. In order not to be deceived, you need to have information about the activities of SNT. So a citizen becomes a member of the SNT. The first thing to do is to demand a copy of the charter of the SNT, certified by the seal and signature of the chairman of the SNT, since the charter is founding document SNT, then you need to familiarize yourself with the minutes of general meetings for the last three years, since these protocols contain data on the amount of entrance, membership, target, additional and other fees, data on the composition of the SNT bodies, copies of income and expenditure estimates for the last three years, report audit committee for the last three years and other important information. All of the above information can be obtained by a member of the SNT by submitting an application for information on the activities of the partnership to the board of the partnership (see sample application for information, Appendix No. 1). If this information is not provided, a member of the SNT may appeal this inaction to the district court at the location of the SNT. Sample application to the court (Appendix No. 2)
After receiving the above information and studying it together with such specialists as a lawyer and an accountant, make decisions to stay in the SNT or to conduct gardening, horticulture, dacha farming on an individual basis, offering the board a variant of an agreement on horticulture, horticulture, dacha farming on an individual basis. Our company will develop a version of such an agreement for you.

Our clients often ask us the following question: what if the chairman and board misuse our contributions?

Create an initiative group from among the members of the SNT
Submit an application to the territorial division of the Federal tax service with a request to conduct a comprehensive audit of the financial and economic activities of SNT over the past three years
Contact a lawyer and an auditor, providing these specialists with the information you have about financial and economic activities.
Only if there is a conclusion from the above experts that there are violations in the activities of the governing bodies of the SNT, start collecting signatures under the application to convene an extraordinary meeting of members of the SNT among the members. In accordance with Article 21 66 of the Federal Law, you need to collect the signatures of at least 1/5 of the members of the partnership. Sample application for convening a general meeting (Appendix No. 3), sample signature sheet (Appendix No. 4)
Submit an application with signature sheets to the SNT board. Within 10 days, the board must decide to convene an extraordinary meeting, or to refuse to hold it. Refusal to hold a general meeting may be appealed in court.
When holding an extraordinary general meeting, bring to the attention of all members of the SNT, the information that has become known to you about the governing bodies of the SNT.
Remember, only constant supervision and control over the activities of the SNT management bodies will protect you and your site from unnecessary costs.

Application No. 1
Sample request for information

Chairman of the SNT "."
From a member of the SNT "." Full name
The address:

Application for the provision of information on the activities of the governing bodies of the SNT

I am a member of the SNT since (indicate the date of admission to membership in the SNT) I am the owner of the site - (indicate the number of the site)
In accordance with subparagraph 2 of part 1 of article 19 of the Federal Law “On horticultural, horticultural and country non-profit associations of citizens”, I have the right to receive information about the activities of the governing bodies of the partnership.

Based on the foregoing and guided by subparagraph 2 of part 1 of article 19 of the Federal Law "On horticultural, gardening and country non-profit associations of citizens"

Ask:
1) Provide information on the activities of the governing bodies of the SNT "." within ten days of receipt of this application.
A copy of the Charter of the SNT;
Copies of the minutes of the general meetings of the SNT for the last three years;
Copies of SNT income and expenditure estimates for the last three years
Copies of reports of the audit commission for the last three years
Note: the above copies of documents, it is desirable to certify with the seal of SNT.

Date________ Signature___________

Application No. 2
Claim Form
on challenging the refusal to provide information on the activities of the governing bodies of the SNT

To the district court
The address:
Claimant: full name
The address:
Respondent: SNT "name of SNT"
The address:

Statement of claim
On challenging the refusal to provide information on the activities of the governing bodies of the SNT ""

The plaintiff is a member of the SNT "." date month year, this fact is confirmed by the membership book (a copy is attached).
... of the day of the month of the year, the plaintiff addressed the defendant with a statement "on providing information about the activities of the governing bodies of the SNT" . . To date, the requested information has not been received by the plaintiff, or (the plaintiff has been refused to provide the requested information) - in this case, a copy of the refusal must be attached.
I consider the failure to provide information about the activities of the SNT management bodies to be illegal for the following reasons:
1) In accordance with Art. In accordance with subparagraph 2 of part 1 of article 19 of the Federal Law “On horticultural, horticultural and dacha non-profit associations of citizens”, the plaintiff has the right to receive information about the activities of the governing bodies of the SNT
2) Failure to provide information violates the rights of the plaintiff and deprives him of the opportunity. exercise control over the intended use of membership, targeted and other fees paid in accordance with the charter of the SNT.

Based on the foregoing and guided by Articles 131,132 of the Code of Civil Procedure of the Russian Federation; subparagraph 2 of part 1 of article 19 of the Federal Law "On horticultural, horticultural and country non-profit associations of citizens"

Ask:
1) Recognize the refusal to provide information on the activities of the SNT management bodies as illegal
2) To oblige the chairman of the board of SNT "." (indicate the name of the chairman) provide information on the activities of the governing bodies of the SNT (indicate what information)
Appendix:
1) Receipt of payment of state duty
2) A copy of the application for the provision of information on the activities of the governing bodies of the SNT
3) A copy of the refusal to provide information on the activities of the governing bodies of the SNT (if any)
4) A copy of the membership book of a member of the SNT
5) A copy of the statement of claim with the attached documents for the defendant.

Date________ Signature____________

Application No. 3
Sample application for convening a general meeting

On the board of SNT "."
From members of the SNT "."
Full name

Statement
On convening an extraordinary general meeting of members of the SNT

We are members of the SNT ".", acting on the basis of the Charter of the SNT and in accordance with Article 21 of the Federal Law "On horticultural, horticultural and dacha non-profit associations of citizens" in connection with massive violations in the activities of the governing bodies of the SNT "." (indicate which) we demand the convening of an extraordinary general meeting of members of the SNT "."
We propose a draft agenda for the extraordinary general meeting of members of the SNT "."
(hereinafter the agenda of the extraordinary general meeting of members of the SNT "." is indicated).

Based on the foregoing and guided by Article 21 of the Federal Law "On horticultural, gardening and country non-profit associations of citizens"

We require:
Hold an extraordinary general meeting of members of the SNT "." no later than indicate the date of the event.
Response to this application within three days from the date of receipt of this application.
Appendix:
Copies of signature sheets with signatures of SNT members supporting the initiative to hold an extraordinary general meeting.

Date _________ Signature ____________ member of the SNT - the initiator of the collection of signatures for holding an extraordinary meeting of the SNT.

Application No. 4
Sample signature sheet for convening an extraordinary general meeting of SNT members

Signature sheet for convening an Extraordinary Meeting of Members of the SNT ""

Full name of SNT member Plot number Signature

Application No. 5
Brief description of the rights and obligations of a member of the SNT.

Currently legal status gardening, gardening, non-profit or dacha associations of citizens is regulated by the Federal Law "On horticultural, gardening and dacha non-profit associations of citizens" dated April 15, 1998, as amended on December 30, 2008 No. 66 FZ, the Civil Code of the Russian Federation and other regulatory legal acts.
In accordance with Article 18 of the Federal Law "On horticultural, horticultural and country non-profit associations of citizens", further 66 of the Federal Law, it is indicated that members of a horticultural, horticultural or dacha non-profit partnership (horticultural, horticultural or dacha non-profit partnership) may be citizens of the Russian Federation who have reached the age of eighteen and have land plots within the boundaries of such a partnership (partnership).
1. Citizens of the Russian Federation who have reached the age of sixteen years and have land plots within the boundaries of such a cooperative may be members of a horticultural, horticultural or dacha consumer cooperative.
2. Members of a horticultural, horticultural or dacha non-profit association may be, in accordance with civil law, the heirs of members of a horticultural, horticultural or dacha non-profit association, including minors and minors, as well as persons to whom the rights to land plots have been transferred as a result of gifts or other land transactions.
3. Foreign citizens and stateless persons may become members of horticultural, horticultural or dacha non-profit associations. The rights of foreign citizens and stateless persons to garden, garden, country plots of land are determined in accordance with the legislation of the Russian Federation.
4. The founders of a horticultural, horticultural or dacha non-profit association shall be considered accepted as members of such an association from the moment of its state registration. Other persons joining such an association are accepted as its members by the general meeting of members of the horticultural, horticultural or dacha non-profit association.
5. Within three months from the date of admission to its members, the board of such an association must issue a membership book or other document replacing it to each member of a horticultural, horticultural or dacha non-profit association.
From the moment of admission to the SNT, a member of a horticultural partnership, then a member of the SNT, has rights and obligations in accordance with Article 19-66 of the Federal Law, a member of a horticultural, gardening or country non-profit association has the right:
1) elect and be elected to the management bodies of such an association and its control body;
2) receive information about the activities of the governing bodies of such an association and its control body;
3) manage independently on their land plot in accordance with its permitted use;
4) to carry out, in accordance with urban planning, construction, environmental, sanitary and hygienic, fire safety and other established requirements (norms, rules and regulations), the construction and reconstruction of a residential building, utility buildings and structures - on a garden plot of land; a residential building or a residential building, utility buildings and structures - on a summer cottage; non-capital residential buildings, utility buildings and structures - on a garden plot;
5) dispose of their land and other property in cases where they are not withdrawn from circulation or restricted in circulation on the basis of the law;
6) in the event of the alienation of a garden, vegetable garden or dacha land plot, simultaneously alienate to the acquirer a share of common-use property as part of a horticultural, horticultural or dacha non-profit partnership in the amount of earmarked contributions; a property share in the amount of a share contribution, with the exception of the part that is included in the indivisible fund of a horticultural, horticultural or dacha consumer cooperative; buildings, structures, structures, fruit crops;
7) upon liquidation of a horticultural, horticultural or dacha non-profit association, to receive the due share of common use property;
8) apply to the court to invalidate the decisions of the general meeting of members of the horticultural, horticultural or dacha non-profit association or the meeting of authorized persons, as well as decisions of the board and other bodies of such an association that violate his rights and legitimate interests;
9) voluntarily withdraw from a horticultural, horticultural or dacha non-profit association with the simultaneous conclusion of an agreement with such an association on the procedure for the use and operation of engineering networks, roads and other common property;
10) carry out other actions not prohibited by law.
2. A member of a horticultural, horticultural or dacha non-profit association must:
1) bear the burden of maintaining the land plot and the burden of responsibility for violation of the law;
2) bear subsidiary liability for the obligations of a horticultural, horticultural or dacha consumer cooperative within the limits of the unpaid part of the additional contribution of each of the members of such a cooperative;
3) use the land plot in accordance with its intended purpose and permitted use, not damage the land as a natural and economic object;
4) not violate the rights of members of such an association;
5) comply with agrotechnical requirements, established regimes, restrictions, encumbrances and easements;
6) timely pay membership and other fees provided for by this Federal Law and the charter of such an association, taxes and payments;
7) to develop a land plot within three years, unless another period is established by land legislation;
8) comply with urban planning, construction, environmental, sanitary and hygienic, fire and other requirements (norms, rules and regulations);
9) participate in events held by such an association;
10) participate in general meetings of members of such an association;
11) implement the decisions of the general meeting of members of such an association or the meeting of authorized persons and the decisions of the board of such an association;
12) comply with other requirements established by laws and the charter of such an association.