Regardless of the situation that prevails on the territory of one or another SNT, often, gardeners characterize the Chairmen in approximately the same way: they collect contributions to the “black box office”, he and his entourage do not pay contributions, he bought a new car and put up a new fence, becoming the Chairman , does nothing, but receives a salary, etc.
Of course, everything happens in life, but is it so, let's figure it out together.
CHAIRMAN SNT is an elective position.
Chairmen are not born, they are made.
When the time comes for the election of the Chairman of the SNT, every gardener thinks something like this: “... a dacha for me is a place of rest, WHY SHOULD I hump on someone?” or "... let it be ANYONE, but NOT ME!"
As a result, they choose the one who dared to put forward his candidacy or the one who could be persuaded all together. The newly-made chairman begins serious work, with legal responsibility for every step taken. In a short time, he must find out what losses in the wires are, where they come from, what is taxed and what is not, how often the grass needs to be mowed and what will happen if this is not done, why only a licensed organization can take out the garbage, how to collect debts litigation and much more. That is, they elected a person from the crowd as chairman, and the requirements are for a builder, power engineer, lawyer and accountant rolled into one.
RESPONSIBILITY OF THE CHAIRMAN.
SNT is a non-profit organization, nevertheless it is a legal entity, so the tax office and funds do not make any concessions to partnerships. As well as a business created for profit, CNT is obliged to keep accounting records and report on time. And work "on a voluntary basis" does not exempt either from the obligation to submit reports, or from liability for failure to submit. A minimum of 18 reports must be submitted per year if wages are not paid and a minimum of 29 reports if paid ...
In practice, in the event of various violations, the inspection authorities issue orders to eliminate them, for failure to comply with which there is an administrative liability and a fine is imposed. First of all, on an official, i.e. on the Chairman.
For more serious offenses (committed intentionally or not) in the conduct of financial and economic activities, the Chairman may face more serious consequences, up to criminal liability.
What and why is done in SNT
"AS WILL", not "AS SHOULD".
The most common reason for conducting financial and economic activities in SNT “as it should be” is because of the savings that the gardeners themselves “push” the Chairman to. They capriciously set the bar for the amount of contributions, beyond which the board tries not to go beyond when drawing up estimates, without conducting explanatory work about the essence of what is happening.
As a result, contributions collected from gardeners in cash are accounted for “in the black box office”, and “zero reports” are submitted to the tax office. Which in itself is a direct violation of the law!
Here are the frequently occurring violations, which are the "shadow" side of the financial and economic activities of SNT:
Unwilling to objectively study the requirements of the current legislation, gardeners impose such a policy on the board, forcing, in fact, to follow their lead. And that means breaking the law! The paradox lies in the fact that in words, sometimes unfounded and biased, gardeners condemn the Chairman for the consequences!
Although it should be the other way around. Based on the requirements of the law and the fact that the chairman is responsible for everything, it is he who must formulate the requirements, taking into account the lower bar of what is necessary to comply with the rule of law and legal security: the minimum wage, deductions to funds for this wage, the amount of land tax general use, banking services, etc.
Starting January 1, 2019, most of the "savings" methods will no longer be available. According to Federal Law No. 217-FZ dated July 29, 2017 No. all contributions will be collected only on the settlement account of the partnership.
This means that it will not work to pay for mowing the grass “in an envelope” or buy a gravel machine without documents, since everything will have to be paid from the current account.
Payment for services or purchase of materials must be justified and covered by relevant documents. Moreover, not by acts of the board, nor by notes of the Chairman, and not by cash receipts without cash receipts, but by official Contracts with contractors and closing Acts to them.
What does the Chairman of the Board of SNT do in practice?
Conducting financial and economic activities.
The work of the chairman is not only to develop an estimate and execute within the framework of what was approved. The most difficult thing is to make sure that exactly what has been developed is approved.
It should be borne in mind that the estimate is approved by the majority, and contributions are paid in different ways. That is, half pays on time, a quarter after three warnings, and another quarter will pay only by court order. Pay attention to this moment, presenting claims to the work of the Board.
Given the above, the most difficult thing in conducting financial and economic activities is that expenses are clearly regulated and limited, and the receipt of contributions in the planned amount is not guaranteed.
In addition to the wishes of the gardeners themselves, the state also has a certain set of requirements for the maintenance of SNT infrastructure facilities.
We are talking about installing a gate or a barrier, signs and signs at the entrance to the SNT, organizing a site for collecting and removing garbage, mowing grass around the perimeter of the partnership and on common lands, about the mandatory presence of a fire reservoir on the territory of the partnership with an equipped entrance to it, about land surveying for common use, well licensing and much more.
Maintenance of the Register of Members.
The chairman of the SNT is obliged to maintain the Register of Members (Article 19.1 66-FZ), which is an information resource for the board and the audit commission. Also, the register of members can be maintained by an authorized member of the board, but in practice, the register is the work of the chairman.
It is created in order to streamline the accounting of information about members of the SNT and citizens who are engaged in gardening and horticulture on an individual basis.
According to the information contained in the Register, the number of members of the SNT is determined, and, accordingly, the quorum for holding general meetings.
Working with debtors
According to statistics, in every partnership there are abandoned plots, the owners of which are pathological non-payers. And also from 10 to 40% of the total number of gardeners who use their plots, also being debtors.
Contribution arrears form a huge "hole" in the budget of the CNT, so working with debtors is an important part of the work of the Chairman.
When joining the SNT, not all future gardeners know the duties of the chairman, so they often expect him to resolve those issues that are not within his competence. What are the duties of the Chairman of the SNT? You will find explanations in this article.
Features of SNT
To figure out what kind of load the chairman of the SNT should perform, you must first understand what the abbreviation itself means.
SNT is an abbreviation for the phrase "horticultural non-profit partnership." This organization is an association of citizens with a non-profit purpose in one gardening in order to solve common social and economic issues. This type of horticultural organization must be registered with the state tax service.
The features of SNT as an organization are as follows:
- Drafting of articles of association (in writing).
- Elected governing bodies.
- Opportunity to conduct business from the date of registration.
At the same time, SNT members are the owners of land plots, they are required to pay regular contributions (for example, membership, target). The funds raised from contributions from horticulture members are intended to support:
- governing bodies;
- property for common use.
In its essence, such a partnership of gardeners combines plots of land intended for common use. That is, they are a single array that has its own developed infrastructure:
- roads and driveways;
- drainage ditches;
- all kinds of buildings;
- a network of communications of various types (water supply, gas, electricity, etc.).
Such infrastructure elements are common property for all members of the CNT.
Job nuances
The chairman of any horticulture, especially non-profit, is the main actor in the management of this organization. Responsibilities that correspond to the position of the chairman are determined by a special instruction. It is compiled on the basis of the Federal Law - Law No. 66. Consider the key points of this document:
- The chairman is hired by members of the horticulture, they can also release him from his post, but only by agreeing their decision at the general meeting.
- The chairman is elected at a general meeting or for authorized persons (with the obligatory execution of an appropriate written resolution).
- The term of this officer is two years.
- He may have the following employees under his command:
- deputy (in the absence of the chairman, works instead of him);
- secretary (is engaged in maintaining documentation, file cabinets of members of the partnership, owners of garden plots, etc.).
The listed powers of this official are determined by the charter of non-commercial horticulture and the legislative system of our state at the federal level - Federal Law, Law No. 66.
Information table
As already mentioned, the job description for the chairman of the horticulture board is determined at the general meeting of the board, but at the same time it should not contradict the charter and the legislative system of our state. Our experts have prepared an information table from which you can learn all the nuances of the position of chairman.
| Rights | Responsibilities | Responsibility |
| give instructions to employees that must be followed | represents horticultural interests in government authorities (for example, district administration, sanitary supervision, etc.) in accordance with its competence | for organized business |
| use information received from board members and gardeners | perform the duties of the chief official at meetings with the right of first signature on all documents | for the correctness of the concluded contracts |
| suspend employees from work if there is a gross violation of internal regulations, job duties, sanitary standards, labor protection and fire safety rules | constantly monitor the condition of equipment and external improvement of sites, as well as take timely measures to eliminate deficiencies | for the timely and complete fulfillment of the terms of all contracts |
| receive from the owners of the plots copies of the title and confirming their rights of documentation | twice a month to conduct a reception of members of the horticulture on personal and general issues | for accounting and storage of documents |
| use equipment, materials and supplies | purchase materials and equipment that may be needed in the activities of SNT | for the proper maintenance, operation and safety of property |
| represent the interests of horticulture in local government bodies | every month record the readings of electricity meters, with their subsequent transfer to the accounting department and energy supply services | for making payments (together with the accounting department) |
| deal with personnel issues (for example, hiring and firing employees) | conduct a weekly inspection of the common property to monitor its technical condition, performance and wear | for the state of common property |
| take measures of punishment and encouragement to employees, to owners of plots | conclude contracts | for the measures taken |
| to petition the general meeting for the exclusion of debtors from members of the horticulture | open bank accounts | for financial transactions made on behalf of SNT |
| take responsibility for your actions and decisions | issue powers of attorney | for issued powers of attorney |
| control actions in relation to equipment, property and workers | exercise control over: — fulfillment by the services of obligations under the concluded contractual documents for the supply of electricity, promptly inform the board of the facts of their violation; - activities of the chief accountant of a non-profit organization; - financial reporting; - serviceability of engineering equipment; - proper performance by all employees of their duties; - statements by the owners of garden plots, their consideration and timely execution by SNT employees; - sanitary condition of the territory |
for their controlling actions |
| provide information of an informational nature at your own discretion | once a quarter to inform the members of the board about future plans, the results of the implementation of previous plans | for the truthfulness of the information provided |
| edit technical documentation in accordance with generally accepted standards | ensure the availability, safety and replenishment of working and technical documentation: — planning; — schematic excerpts; - blueprints |
for keeping documents |
| check financial records | to check the correctness of accrual of payments to owners of SNT | for the correctness of filling financial papers |
| make independent decisions in case of emergencies | take measures to eliminate emergency situations (electrical equipment shutdown, accidents, etc.), draw up acts on the fact of emergency situations at the request of members | for self-made decisions to eliminate emergency situations |
| Note: - in addition, he has the right to a polite, respectful and correct attitude towards himself of workers and members of gardening. |
Note: - in addition, in the performance of his duties, he needs to be polite and correct with employees and owners of land plots; - if the chairman does not agree with some points of this document, he can appeal the job description at a general meeting of board members. |
If an official elected or hired as the chairman of the SNT does not cope with his duties, violates the rules prescribed in the charter, abuses his responsibility, and also uses his rights for personal gain, he will be relieved of his post.
Removal of the chairman of the SNT from office
There are several basic situations where the chairman of a non-profit type of horticulture can be dismissed from his position by the board members themselves. This opportunity is presented to them as a result of the actions of the chairman himself:
- constantly does not comply with the decision of the general meetings / board;
- systematically refuses to perform his direct official duties (for example, does not hold meetings of the board at the written request of its members);
- in writing expressed a desire to voluntarily resign from the performance of their duties and from their position;
- absent as an official at his workplace for more than ten days (with mandatory actual confirmation);
- refuses to provide the audit commission performing the audit with the required documentation on the activities of the SNT;
- conducts independent activities, as a result of which the SNT causes financial damage (for example, abuse of power for personal gain), followed by confirmation by a special commission that it is conducting an audit.
The above list can be supplemented or reduced. This is done by the gardening members themselves at the meeting. At the same time, the main responsibility of the chairman is complete subordination to the board, referring to the adopted charter of a certain SNT, - Federal Law, Law No. 66.
Based on articles 1,4,18 and 19 of the federal law below, all forms of horticultural, horticultural and dacha non-profit associations are based on membership. According to article 19 of this law, only a member of the SNT can be elected its chairman. Therefore, if you write in the Charter the rule that a non-member of the SNT can be the chairman of the SNT, then such a rule will be illegal due to a direct contradiction to the above articles of the law. It is not the owner of the site that can be elected chairman of the SNT. Article 14 of this law says:
Article 18
1. Citizens of the Russian Federation who have reached the age of eighteen years and have land plots within the boundaries of such a partnership (partnership) may be members of a horticultural, horticultural or dacha non-profit partnership (horticultural, horticultural or dacha non-profit partnership).
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.
Article 19
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;
Adopted last summer, federal law No. 217-FZ "On the conduct by citizens of gardening and horticulture for their own needs" clarified the rights and obligations of the chairman of the SNT. They will come into force in 2019. Both the current and the new law endow the general meeting of the partnership with supreme power. Nevertheless, everyone understands that its chairman plays a leading role here.Under the new law, he is elected by the general meeting from among the members of the CNT for a period of not more than 5 years.We list what rights and obligations are imposed on the chairman of the SNT. He has enough of them. Moreover, the decisions taken by the chairman within his powers are binding on all members of the SNT:
- Organizes and presides at meetings of the board at intervals, which is provided for by the charter of the SNT.
- If at a meeting of the board of directors the votes of its members are distributed equally, then the vote of the chairman is decisive.
- Interacts with banks and has the right of first signature on financial documents, if they do not require the approval of the general meeting or the board.
- Makes various transactions. Acts as an employer, concluding and terminating employment contracts.
- Acts as a representative of SNT in government bodies, as well as in legal relations with third parties in court.
- Considers applications of members, partnerships, issues powers of attorney, signs protocols and certifies them with a seal, conducts office work.
- Provides a report on its activities, which is considered and approved by the general meeting of the SNT.
Under the new law, the chairman is charged with other, less responsible duties, such as issuing membership cards. He must also send registered letters of warning to debtors of membership dues about the possible termination of their membership in the partnership. With regard to the creation and maintenance of the register and the preparation of extracts from it, this time-consuming work can be entrusted to any member of the board.
A separate issue in the new law is the salary of the chairman.
Now the general meeting of SNT has the right to determine the terms of its payment. Currently, this issue is being addressed in different ways. Most often, work in an elected position is not considered work and therefore is not paid. The new law provides for the need to pay for the work of the chairman, but it is not necessary to conclude an employment contract with him. Moreover, even if the general meeting decides not to pay, it is obliged to discuss this issue with an entry in the minutes. In any case, the difficult work of the chairman will be more effective if he receives money for it, and not just respect and honor.
It is very difficult to manage the affairs of the SNT, and the chairman has more duties than rights. To prevent possible abuses on his part, there is an audit commission. If its members are principled, then they will ask the chairman for any trifle, not to mention the implementation of the decisions of the meetings, the legality of transactions and the safety of common property. If the chairman caused losses in the SNT, then he will have to compensate them together with the members of the board who took part in making the wrong decision.
This brochure is compiled from frequently asked questions that we have to deal with at numerous gardening conferences and in the legal service.
I want to warn you right away: gardeners do not agree with all the answers, they argue with many and consider the current situation unfair. The fact is that we consider controversial situations not from the point of view of justice, but from the point of view of legality. The laws, however, today are so imperfect, so inconsistent with each other that gardeners are outside the legal field. The state is trying to shift the solution of almost all the problems of gardeners, whether it is the implementation of a “dacha amnesty” or compliance with fire safety requirements, to the gardeners themselves! To requests for help, officials almost always answer: “Collect money and do it” ... And it’s completely cannibalistic practice to impose all sorts of fines on gardening associations for “non-compliance with norms and rules” ...
Alas, while the normal legislative work in our area is being replaced everywhere by imitation and talking, and if some legislative acts slip through, they, as a rule, lead to a worsening of the situation and the emergence of new problems. An example of this is another simplification of the "dacha amnesty", adopted before the last elections to the State Duma. The result is massive boundary disputes between neighbors. Boundary conflict in judicial practice is the most difficult (and expensive!) case to be resolved, it can drag on for decades!
Dear gardeners, today we can only rely on ourselves, so we must learn to protect ourselves. Let's jointly resist the illegal demands of officials, raiders, all kinds of politicians who are trying to use us for their own selfish purposes ...
And our main weapon in this will be legal knowledge. When you know even bad laws well, there is a chance to defend your rights and achieve justice!
Your Andrey Tumanov,
Chairman of the Board of the Moscow Union of Gardeners,
editor-in-chief of the newspaper "Your 6 acres".
1. What is SNT?
Answer: SNT is a horticultural non-profit partnership, a non-profit organization established by citizens on a voluntary basis to assist its members in solving common social and economic problems of gardening. Also, an association can be created in the form of a non-profit partnership and a consumer cooperative.
2. If I have a garden plot, should I build something there or can I just plant a garden?
Answer: in accordance with Art. 1 of the Federal Law "On horticultural, horticultural and dacha non-profit associations of citizens" No. 66-FZ of April 15, 1998 (hereinafter referred to as the law on gardeners), a garden plot is provided to citizens for growing fruit, berry, vegetable, melon or other crops and potatoes , as well as for recreation (with the right to erect a residential building and utility buildings and structures). Thus, to achieve the goal of using a garden plot, it is enough to develop the land - plant a garden, plant a vegetable garden. Buildings are not required. On a summer cottage, the construction of a residential building or a residential building is a top priority.
3. Many years ago I was given a garden plot, now a building has been erected there. Why can't I own this property?
Answer: most garden plots were provided on a leasehold basis or on a fixed-term basis, in order, firstly, to give citizens the opportunity to grow food necessary for survival, and secondly, to quickly and without compensation for the cost of property, withdraw land after harvesting. Currently, some of these sites are owned by the Russian Federation and are not subject to privatization. They can be rented. If the garden plot was built up, then the building may be in accordance with Art. 222 of the Civil Code of the Russian Federation is recognized as an unauthorized construction and, by a court decision, can be demolished at the expense of the person who built it.
4. If the partnership is non-profit, does this mean that I do not have to pay contributions?
Answer: non-profit organizations are organizations that do not have profit making as the main goal of their activities, but this does not mean that non-profit organizations do not conduct any economic activity. The activities of the CNT are aimed at meeting the needs of members in energy supply, water supply, and so on, and contributions are collected precisely to achieve these goals.
5. Is it possible to plant coniferous and deciduous trees instead of fruit trees?
Answer: in the garden and summer cottage, the possibility of planting non-fruit trees is not provided, and in the garden plot, planting of any trees and shrubs is not provided at all.
6. Should the SNT contain the territory adjacent to the external borders (behind the common fence)?
Answer: The answer to this question is contained in the acts of local governments in whose territory the association is located.
7. What taxes do I have to pay if I own a plot in SNT?
Answer: in accordance with Art. 2 Law of the Russian Federation of 09.12.1991
2003-1 “On Taxes on Property of Individuals”, a residential building, apartment, room, cottage, garage, other building, premises and structure, as well as a share in the common ownership of this property are recognized as taxation objects. Heroes of the Soviet Union and Heroes of the Russian Federation, as well as persons awarded the Order of Glory of three degrees, disabled people of groups I and II, disabled since childhood, participants in the Civil and Great Patriotic Wars and some other categories of citizens are exempted from paying property tax.
Tax on buildings, premises and structures is not paid from residential buildings with a living area of up to 50 square meters and utility buildings and structures with a total area of up to 50 square meters located on plots in horticultural and summer non-profit associations of citizens. In addition, in accordance with Chap. 31 "Local taxes" of the Tax Code of the Russian Federation, land plots that are on the right of ownership, life-long inheritable possession and permanent perpetual use are recognized as the object of taxation. No one is exempted from paying land tax, however, the regulatory legal acts of the representative bodies of municipalities may establish tax benefits, the grounds and procedure for their application.
Thus, a citizen must pay tax on property belonging to him, and it must also be remembered that membership fees include a tax on public property of SNT.
8. Is the garden plot inherited?
Answer: garden land is inherited along with the rest of the property of the deceased. Membership is not inherited, as it is a personal non-property right.
9. Can the garden plot be sold?
Answer: the owner has the right to dispose of his property at his own discretion, including selling, donating, pawning. The contract for the sale of real estate can be drawn up in a simple written form, must contain all the essential conditions (object, price, and so on) and is subject to mandatory state registration with the Federal Service for State Registration, Cadastre and Cartography.
The right of the buyer to the land plot arises from the moment of state registration.
10. What should be the infrastructure of SNT? Is electricity required?
Answer: the question of creating the infrastructure of the association is the exclusive competence of the general meeting of members (meeting of authorized persons) of the SNT. If the majority of members do not want to create any object of infrastructure, then no one can oblige to make contributions for the creation of such objects.
However, this provision does not apply to the necessary engineering infrastructure facilities - a fire pond, for example, or motor pumps - they must always be, regardless of the decision of the general meeting of members.
11. Who sets the annual fee?
Answer: the determination of the amount of contributions belongs to the exclusive competence of the general meeting of members (meeting of authorized persons) of the SNT.
12. Do I have the right to register in my garden house?
Answer: by resolutions of the Constitutional Court of the Russian Federation of June 30, 2011 No. 13-P and of April 14, 2008 No. 7-P, paragraph two of Art. 1 of the Law on Gardeners is recognized as inconsistent with the Constitution of the Russian Federation insofar as it excludes the possibility of registering citizens at the place of residence in residential buildings owned by them, which are suitable for permanent residence and are located on garden plots related to agricultural land and lands of settlements.
Thus, the theoretical possibility of registration in a residential building (this is what a garden house is called from the point of view of the law) exists, but the process of implementing this right is complicated and is not currently streamlined.
“At the same time, the owners of such land plots (garden plots located on agricultural lands) should take into account that registration at the place of residence in residential buildings located on them suitable for permanent residence does not lead to the acquisition of the status of a settlement by the corresponding territory and, therefore, does not impose obligations on public authorities for its improvement, creation and maintenance of communal, transport and other infrastructures, with the exception of resolving issues directly related to the implementation of fundamental rights and freedoms of man and citizen. Therefore, choosing as a place of residence a residential building located on a land plot classified as agricultural land, citizens must consciously accept those possible inconveniences that are a consequence of living outside the territory of settlements.
13. The size of the membership fee - who sets it, what are the payment terms?
Answer: the size of the membership fee is established by the decision of the general meeting of members (meeting of authorized persons) of the SNT, the payment deadline may be set by the charter, or maybe by the decision of the general meeting of members (meeting of authorized persons).
soaked) SNT.
14. What documents are the basis for state registration of ownership of a garden plot?
Answer: in accordance with Art. 25.3 of the Federal Law of July 21, 1997 No. 122-FZ “On State Registration of Rights to Real Estate and Transactions with It”, one of the following documents may be the basis for state registration of a citizen’s ownership of a garden or summer cottage land plot:
- an act on granting a given land plot to a citizen, issued by a public authority or a local government body within its competence and in the manner established by the legislation in force at the place of issue of the act at the time of its issuance;
- an act (certificate) on the right of a citizen to this land plot, issued by an authorized body of state power in the manner established by the legislation in force at the place of issue of the act at the time of its issuance;
- other document establishing or certifying the right of a citizen to this land plot.
15. What are the responsibilities of SNT members?
Answer: the rights and obligations of members of the SNT are defined in Art. 19 of the law on gardeners - in Appendix No. 1, this article is given in full.
16. What is common property?
Answer: in accordance with Art. 1 of the law on gardeners, property for common use includes property (including land plots) intended to provide within the territory of the association the needs of its members in the passage, travel, water supply and sanitation, electricity, gas supply, heat supply, security, recreation and other needs (roads, water towers, common gates and fences, boiler rooms, children's and sports grounds, garbage collection sites, fire protection facilities, etc.).
Please note that in a horticultural non-profit partnership, these property items may be jointly owned by members or owned by a legal entity - the SNT itself.
17. If I want to carry out a land survey, where do I start?
Answer: in order to carry out survey work, it is necessary to conclude an agreement on the necessary work with a person duly certified as a cadastral engineer. The coordinates of such persons can be found on the Rosreestr website - www.rosreestr.ru.
18. How are land disputes resolved?
Answer: if the parties cannot agree on the location of the boundary of the land plot, then this case is subject to consideration by the court. It should be noted that in order to resolve a land dispute, it is most often necessary to appoint a land management expertise, the cost of which is high and most often incommensurable with the cost of the disputed piece of land.
Territorial jurisdiction is determined by the location of the land.
19. Can the chairman of the board be elected by the SNT board?
Answer: in accordance with paragraphs. 4 p. 1 art. 21 of the law on gardeners, the exclusive competence of the general meeting of members (meeting of authorized persons) includes the election of the chairman of the board and the early termination of his powers, unless otherwise provided by the charter of such an association. Consequently, the charter of the SNT may provide for the election of the chairman of the board at a board meeting.
20. Does an SNT member have a pre-emptive right to purchase a neighbor's lot?
Answer: a member of the SNT does not have the right of first refusal to purchase an adjacent land plot. Such a right arises only where there is common property.
21. What is a membership fee, who pays it, what other fees are there?
Answer: in accordance with Art. 1 of the Law on Horticulturalists, membership fees are funds periodically contributed by members of a horticultural association to pay employees who have concluded employment contracts with such an association, and other current expenses of the association. That is, membership fees are spent on the maintenance of the legal entity itself. The law also provides for the following types of contributions:
introductory and target - in a non-profit partnership and a non-profit partnership, in a consumer cooperative
we provide for the collection of entrance, membership, share and additional fees, each of which must be spent
be carried out in accordance with the purposes defined by law.
22. How to hold a general meeting of SNT members?
Answer: the general meeting of members is the supreme governing body of the association, it can be regular, which must be held at least once a year, and extraordinary, which can be convened by the board, as well as at the request or proposal of the auditor (auditing commission), not less than 1/5 of the total number members, as well as at the request of the local government. The procedure for notifying members of the forthcoming general meeting is determined by the charter of the association, which also specifies the procedure for electing authorized representatives (if the association provides for holding a general meeting of members in the form of a meeting of authorized representatives), as well as the procedure for holding a general meeting of members in absentia. The procedure for holding a general meeting of members, the procedure for voting are determined by the regulations for holding general meetings, which is approved at a general meeting of members of the association.
23. At what distance from the border can I build buildings on a garden plot?
The answer to this question is contained in clause 6.7 of the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *. Planning and development of territories of horticultural (dacha) associations of citizens, buildings and structures”, this document is given in Appendix No. 2.
24. Can I fence myself off from my neighbors with a solid fence?
Answer: continuous fencing of a garden plot of land is allowed with the written consent of a neighbor. See clause 6.2 of SP 53.13330.2011.
25. Is breeding of bees allowed in the garden?
Answer: in accordance with clause 7.9. * of the Code of Rules for the Design and Construction of SP 11-106-97 "The procedure for the development, approval, approval and composition of design and planning documentation for the development of territories of horticultural associations of citizens" an apiary is allowed on the territory of a garden (suburban) plot . The apiary must have a blind fence 2 m high, and be located no closer than 2 m from the boundaries of the site.
26. What to do if the chairman of the SNT refuses to submit reports and decisions of general meetings?
Answer: In accordance with paragraphs. 2 p. 1 art. 19 of the law on gardeners, the right of a member of an association is to receive information about the activities of the governing bodies of the association and its control body. If the board refuses to submit documents, the refusal can be appealed in court.
27. Why are some other taxes included in the estimate, in addition to wages for an accountant, a watchman and an electrician?
Answer: the horticultural non-profit association of citizens is a legal entity and is obliged to fully comply with the requirements of labor legislation, SNT makes contributions to all funds on an equal basis with other commercial organizations. In 2011, contributions to the funds amount to 34.2% of the payroll fund. The transfer of contributions to the funds is mandatory.
28. Can I install a greenhouse on my property?
Answer: yes, you can, one meter from the border of the land. In addition, if the greenhouse is on the foundation, you can register the ownership of this property. The procedure for registration is exactly the same as for registering any other building on a garden plot.
Answer: the size of the land tax depends on the area of the land plot, its cadastral value and the land tax rate. The area of the site, as well as its cadastral value, can be found from the cadastral extract or found on the Rosreestr website. It can also be calculated by multiplying the specific indicator of the cadastral value (measured in rubles per square meter) by the area of the land plot (it can be found in the certificate). The land tax rate is determined by the representative body of the municipality in whose territory the gardener's land is located.
30. Why should SNT pay for the negative impact on the environment if it is not a production, does not have emissions and discharges?
Answer: garbage placed at the landfill is the property of the association. Under the garbage disposal agreement, only the transfer of SNT property (garbage) from the association to the solid waste landfill is carried out, in accordance with Art. 210
of the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property.
31. How should the removal of household waste from SNT be organized?
Answer: garbage disposal from the SNT should be organized in accordance with the requirements of the acts of local governments on whose territory the associations are located.
32. Can I burn garbage on my site?
Answer: burning of garbage on the garden or suburban land is not allowed.
33. What are the fire safety requirements for SNT?
Answer: fire safety requirements are formulated in the Federal Law of July 22, 2008 No. 123-FZ "Technical Regulations on Fire Safety Requirements":
P. 18 Art. 67 states that on the territory of a horticultural, horticultural and dacha non-profit association of citizens, fire equipment must be accessible to all garden plots united in groups and public facilities. The width of the carriageway of the streets must be at least 7 meters, driveways - at least 3.5 meters.
In paragraph 18. Art. 68 states that in order to ensure fire extinguishing on the territory of the common use of the association, fire-fighting reservoirs or tanks with a capacity of at least 25 cubic meters with a number of sections up to 300 and at least 60 cubic meters with a number of sections of more than 300 (each with sites for the installation of fire equipment, with the possibility of water intake by pumps and the organization of an entrance for at least 2 fire trucks).
Also, the requirements are contained in the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *. Planning and development of territories of horticultural (dacha) associations of citizens, buildings and structures”, the norms of which are binding.
34. Am I required to join the SNT?
Answer: in accordance with paragraph 2 of Art. 30 of the Constitution of the Russian Federation, no one can be forced to join or stay in any association. Thus, joining an association is a voluntary expression of the will of a citizen.
35. Should the chairman provide the tax authorities with information about the members of the association, including copies of passports and land certificates?
Answer: The state body of cadastral registration, the body that conducts state registration of rights to real estate and transactions with it (Land Cadastral Chamber and Rosreestr, respectively), in the order of information interaction, exchange information about the right holders of real estate for tax purposes.
The chairman of the board of the SNT should not provide information about the members of the organization to the tax authorities. In addition, in accordance with paragraph 4 of Art. 6 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”, a person who processes personal data on behalf of the operator is not required to obtain the consent of the subject of personal data to the processing of his personal data. Thus, if there is a need to submit the personal data of members somewhere, you must first obtain the written consent of the members of the association.
36. If a member of the SNT does not pay dues, can he be deprived of the right to use electricity?
Answer: No. It is necessary to work with non-payers, including collecting debts on contributions in court.
37. How should biowaste be disposed of? Is a septic tank required on site?
Answer: The answer to this question is contained in paragraphs 8.6–8.7 of the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *. Planning and development of the territories of horticultural (dacha) associations of citizens, buildings and structures ”(see Appendix No. 2).
38. Is it possible to elect a chairman from outside the CNT members?
Answer: The chairman of the board is elected from among the members of the board. And in accordance with Art. 21 of the law on gardeners, the board is elected from among the members of the association.
39. Does the SNT have the right to engage in entrepreneurial activities?
Answer: Yes, it does, but business profits should not be distributed among the participants
(members) of the association, but should be spent on achieving the statutory goals of the activities of the SNT.
40. Why do gardeners pay for electricity as urban residents if the plots are located in rural areas?
Answer: to the category "Consumers equated to the population" in accordance with paragraph 27 of the Guidelines for the calculation of regulated tariffs and prices for electrical (thermal) energy in the retail (consumer) market, approved by order of the Federal Tariff Service dated 06.08.2004 No. 20- e / 2, include, among other things, horticultural, horticultural or dacha non-profit associations of citizens - non-profit organizations established by citizens on a voluntary basis to assist its members in solving common social and economic problems of gardening, horticulture and dacha farming. The subject of the Federation did not use the right to grant benefits to horticultural associations of citizens located on its territory. In the Yaroslavl region, for example, gardeners pay for electricity at the rate set for the rural population.
41. What to look for when buying a plot?
Answer: when buying a land plot, it is necessary to pay attention to the authority of the person selling the land (is the owner or acts by proxy), to the documents on the rights to the land, to whether the land was surveyed or not (if not, there may be unpleasant “surprises”) ; get to know the neighbors and find out from the board of the association whether the owner of the plot has debts for contributions (if he is a member of the association) or for payment under the contract (if he gardens on an individual basis). If something is in doubt (price, documents), it is better to show the documents to a lawyer and, possibly, refuse to purchase.
42. Based on what is the amount of the SNT contribution calculated?
Answer: the amount of the contribution to the SNT is set on the basis of the list of planned works, their cost, and a certain estimate. The amount received is divided by the number of members of the association.
43. Who can call an extraordinary general meeting of members?
Answer: an extraordinary general meeting of members may be convened by the board or in accordance with art. 25 of the law on gardeners, when creating a threat to the interests of the association and its members, or when identifying abuses by the members of the board of the association and the chairman of the board, an extraordinary general meeting of members may be convened by the auditor (audit committee) of the association.
44. Should a citizen doing gardening on an individual basis pay targeted contributions?
Answer: Art. 1 of the law on gardeners defines that targeted contributions are funds contributed by members of the SNT or SNP for the acquisition (creation) of public facilities. The law does not provide for the possibility of collecting targeted contributions from citizens who are not members of the association.
45. What should earmarked contributions to SNT be used for?
Answer: targeted contributions to SNT are spent on the creation of public facilities. The property created with targeted contributions from the members of the partnership shall be jointly owned by the members of such an association.
46. Is a citizen who conducts gardening on an individual basis obliged to sign an agreement on the use of infrastructure facilities, the text of which was approved by the general meeting of members of the SNT?
Answer: no, civil law is based on the recognition of the equality of the parties to the contract, therefore signing the contract on the terms established by the general meeting of members is the right of the individual, but not the obligation.
47. To whom can a SNT member entrust the right to participate in the general meeting?
Answer: A member of the SNT can entrust the right to participate in the general meeting of members to anyone, another member of the SNT, his relative or a complete stranger. It is only necessary to certify the member's signature on the power of attorney. The signature is certified by the chairman of the board of SNT.
48. Who are the commissioners, what powers do they have, how are they elected?
Answer: authorized persons are those persons who are elected in accordance with the charter of the association and represent the interests of persons delegating powers to them at general meetings held in the form of a meeting of authorized representatives. Commissioners are members of the SNT, they cannot transfer their powers to other persons.
49. What are the superior bodies of the SNT?
Answer: There are no higher bodies in the SNT.
50. Is it obligatory to register buildings located on a land plot?
Answer: registration of buildings located in garden or summer cottages is carried out in a simplified manner on the basis of a declaration on a real estate object approved by order of the Ministry of Economic Development of Russia dated November 03, 2009 No. 447 and is the gardener's right, but not an obligation.
51. According to the documents, I was given a land plot of 6 acres. How much land can I acquire if I actually use more land?
Answer: subject to the coordination of boundaries with all adjacent land users, a citizen has the right to register a land plot within the existing boundaries, if the area obtained as a result of land surveying does not exceed one minimum size of a land plot provided in this constituent entity of the Russian Federation for the purposes of gardening (for a garden plot), maintaining a dacha economy and etc. In the Moscow region, the area of the minimum plot, which is provided for gardening, is 0.06 hectares - 6 acres, or 600 square meters. If a citizen was previously provided with 8 acres, then he can draw up a plot of up to 14 acres. However, this provision of the law is more of a declarative nature;
52. Do state authorities and local governments provide any support to gardeners?
Answer: State authorities and local self-government provide support to gardeners and their associations.
More information about support programs for associations can be found in the local government or in the executive authority of the subject of the Russian Federation, which is responsible for interaction with gardeners.
53. Why is a certificate from the chairman of the debts on contributions not required in the transaction of purchase and sale of a land plot?
Answer: because such a document is not submitted for state registration of the transfer of ownership, sometimes buyers (see question No. 41) or notaries ask for such a certificate. If the seller and the buyer conclude an agreement in a simple written form (without notarization) and the buyer does not ask for such a certificate, then taking such a certificate is a matter of the seller’s conscience (as well as voluntary payment of contributions and debts on them), but not his obligation. We add that it is impossible to demand debts on the seller's contributions from the buyer.
54. Why did it become possible to build apartment buildings on garden plots?
Answer: because, in accordance with 1 p. 17 Art. 51 of the Town Planning Code of the Russian Federation, the issuance of a building permit is not required in the case of construction on a land plot provided for gardening, dacha farming, and the building spot area is not standardized.
55. How to become a member of SNT?
Answer: in order to become a member of the SNT, it is necessary to have a land plot within the boundaries of the land allotment provided for the placement of the association, and write an application for membership. The decision on admission to membership is made by a simple majority of votes of the members present at the general meeting of members (meeting of authorized persons) of the association.
56. How and where can I find out who is the chairman of our SNT?
Answer: it is necessary to order an extract from the Unified State Register of Legal Entities. To do this, you must contact the tax authorities at the place of registration of SNT.
Publicly available information about any legal entity is provided to any applicant for a fee.
57. Why, when registering the right to public lands, was I asked for a receipt for 15,000 rubles? Who installed it?
Answer: in accordance with paragraphs. 22 p. 2 art. 333.33 of the Tax Code of the Russian Federation, the state fee for state registration of rights, restrictions (encumbrances) of rights to real estate for an organization is 15,000 rubles.
58. What documents can I, as a member of the SNT, freely get acquainted with? If the chairman of the board does not allow you to familiarize yourself with the charter - what to do?
Answer: as a member of the SNT in accordance with paragraphs. 2 p. 1 art. 19 of the law on gardeners, you have the right to get acquainted with the charter, constituent documents, minutes of general meetings of members, minutes of board meetings, get acquainted with estimates, reports of the board and acts of the audit commission. If the board refuses to familiarize with the documents, such a refusal can be appealed in court.
59. Where can I turn if I am not satisfied with the work of the SNT board?
Answer: if a member of the association is not satisfied with the work of the board of the association, it is necessary to assemble an initiative group of at least 1/5 of the total number of members of the SNT and demand the convening of an extraordinary general meeting of members,
60. Do I have to notify the SNT board if I sell a plot or make any other transaction?
Answer: there is no such obligation for a member of the association. Although, in order to avoid claims for unpaid contributions, it is better to notify the board of the planned sale of the site and take a certificate that there are no debts on contributions. However, this is only the right of a member of the association, but not his duty.
61. What measures of influence can be applied to members of the SNT and for what?
Answer: in accordance with paragraph 4 of Art. 18 of the law on gardeners, the charter of the association specifies, among other things, the grounds for and procedure for exclusion from members of the association and the application of other measures of influence for violation of the charter or internal rules of the association. Other measures may include, for example, the collection of penalties for late contributions and payments. The amount of penalties is established by the decision of the general meeting of members (meeting of authorized persons).
Answer: The board is elected by a simple majority vote of the members present at the meeting.
63. Can a member of the SNT count on the protection of his interests by the board?
Answer: there are practically no cases of active upholding of the rights of members of the SNT by the board. However, the CNT may participate in the court session as a third party.
64. Who are the founders, how did they appear, what rights and obligations do they have, can the founders be excluded from the Unified State Register of Legal Entities?
Answer: Founders are those citizens who make a decision to create an SNT (or any other organization), and their names are entered in the Unified State Register of Legal Entities. In accordance with paragraph 4.11 of the canceled order of the Federal Tax Service of the Russian Federation dated November 1, 2004 No. SAE-3-09 / [email protected] on methodological clarifications on filling out the forms of documents used in the state registration of a legal entity and an individual entrepreneur, when submitting an application for state registration of an HOA, ST, data on the members of the board are indicated in the information about the founders.
65. Can foreign citizens become members of the CNT?
Answer: Yes they can. Note that a foreigner can acquire a garden or summer cottage in the property.
66. What rights do I lose when I leave the SNT?
Answer: upon withdrawal from the SNT, you will lose the right to elect and be elected to the governing bodies of the SNT and the right to common property, which is jointly owned by the members of the SNT.
67. Why are associations of horticultural associations created?
Answer: associations (unions) of horticultural associations are created to achieve some common goals of the organizations that are members of them. In addition, associations may be granted the right to inspect the economic and financial activities of member associations. Associations should be distinguished from public organizations, which, although they have the word "union" in their name, but this is not an indication of the organizational and legal form. Public organizations do not have the right to interfere (forcibly) in the activities of the SNT.
68. Within our SNT, a group of members registered their new SNT. Now they require us to provide part of the property. How should we do now?
Answer: citizens have the right to unite, including the right to decide on the creation of "their own" SNT. At the same time, they do not have any rights to the property of an already existing association. If citizens wish to separate from the existing SNT, then a reorganization procedure is required, the decision on which is made by a qualified majority of members at a general meeting of members (meeting of authorized persons) of the SNT.
69. Who sets the amount of the SNT entry fee and when should it be paid?
Answer: the size of the entrance fee is determined by the decision of the general meeting of members (meeting of authorized persons), paid after the decision on admission of a citizen to the membership of the association. It should be remembered that an overestimated amount of the entrance fee will lead to land owners refusing to join the association.
70. Our SNT does not have a current account, we pay all fees in cash. Is an entry in the membership book about the contribution made sufficient?
Answer: no, not enough. The person accepting contributions is obliged to issue a stub to the incoming cash order. In addition, the presence of a current account with a legal entity is mandatory! And members of the SNT have the right to transfer funds to the account of the association.
71. I am the new chairman of the SNT, I was elected 10 days ago. Why did the tax authorities fine me 5 thousand rubles?
Answer: a legal entity within three working days from the date of the decision to change the constituent documents of the association - that is, its charter, in the presence of changes not related to the introduction of changes in the constituent documents, for example, when changing the chairman of the board, within three days is obliged to notify the registering organ. To do this, you must fill out the necessary forms approved by Decree of the Government of the Russian Federation of June 19, 2002 No. 439 "On approval of forms and requirements for the execution of documents used in the state registration of legal entities, as well as individuals as individual entrepreneurs." If the documents are not submitted on time, then in accordance with Art. 14.25 of the Code of Administrative Offenses of the Russian Federation of December 30, 2001 No. 195-FZ, this entails a warning or the imposition of an administrative fine in the amount of five thousand rubles.
72. What is the difference between voluntary withdrawal from SNT members and expulsion?
Answer: the fact that the withdrawal is carried out voluntarily, upon the written will of the member, and the expulsion is carried out by a qualified majority of the members (authorized persons) present at the general meeting, for those violations of the charter for which exclusion from members is provided as a measure of influence.
73. What will happen to my site if I am expelled from the SNT membership?
Answer: The site will remain in the same right as it was. That is to say, owned. The only case when questions may arise about the fate of the site, if the entire land allotment was provided in the ownership of a legal entity or in the common property of members.
74. Do citizens of preferential categories (disabled people, veterans, large families) have the right to receive land plots?
Answer: citizens of these categories are entitled to preferential provision of garden plots. However, after the introduction of the Land Code of the Russian Federation, such provision is carried out for a fee. Free provision of land ownership after 2001 is virtually non-existent.
75. I believe that the targeted contribution for the creation of an infrastructure facility should be paid only if I use the property that will be created. Am I right?
Answer: no, not right. If the decision to create an infrastructure facility is made by a decision of a competent general meeting, then regardless of whether you were at the meeting, voted for or against the decision, you need to submit a target contribution. If the contribution is not returned, the board can recover the debt in court.
76. What laws regulate the activities of horticultural associations of citizens?
Answer: At present, the activities of horticultural, dacha and gardening non-profit associations of citizens are regulated by the following regulations:
- the Constitution of the Russian Federation;
- the Civil Code of the Russian Federation;
- Land Code of the Russian Federation;
- the Tax Code of the Russian Federation;
- Federal Law No. 66-FZ of April 15, 1998 “On horticultural, horticultural and dacha non-profit associations of citizens”;
- Federal Law No. 129-FZ of August 8, 2001 “On State Registration of Legal Entities and Individual Entrepreneurs”;
- Federal Law No. 122-FZ of July 21, 1997 “On State Registration of Rights to Real Estate and Transactions Therewith”;
- Federal Law No. 221-FZ of July 24, 2007 “On the State Real Estate Cadastre”;
- Federal Law No. 137-FZ of October 25, 2001 “On Enactment of the Land Code of the Russian Federation”;
- Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ and many
- other normative legal acts.
77. Who can be an auditor in the SNT, are there any requirements for the qualification of an auditor?
Answer: a member of the association who is not related or related to the members of the board (and its chairman) can be elected as the auditor of the SNT. The law on gardeners does not impose any qualification requirements for auditors.
78. I'm selling a site in SNT, does the board have to return all my fees - entrance, membership and special purpose?
Answer: the charter of the SNT should specify the procedure for the return of earmarked contributions. Membership and entry fees are non-refundable.
79. How long will the "dacha amnesty" last?
Answer:"Dacha amnesty", namely the operation of the simplified procedure for registering rights to land plots and buildings in summer cottages and garden plots, has no time limit.
80. Do I have to register the right to a land plot?
Answer: no, registration of the right to real estate is a right, but not an obligation of the gardener.
81. Is there any deadline for re-registration of rights to public lands?
Answer: re-registration by horticultural, horticultural and dacha non-profit associations of citizens of the right to permanent (perpetual) use of land plots is carried out in the manner established by Article 28 of the Federal Law “On horticultural, horticultural and dacha non-profit associations of citizens”, while in accordance with clause 2.1 of Art. 3 of the Federal Law of October 25, 2001 No. 137-FZ “On the Enactment of the Land Code of the Russian Federation” is not limited to a period.
82. What issues can be resolved by a general meeting held in absentia?
Answer: in absentia, decisions cannot be made on the approval of the income and expenditure estimates, on the adoption of a report on the activities of the board and the audit commission, elections of the board cannot be made in absentia.
Answer: each member at the general meeting of members has one vote. If other members of the SNT have delegated their votes to a particular member (by proxy), then that member has a number of votes equal to the number of proxies issued, plus his one vote.
84. How many powers of attorney for participation in the general meeting of members can be issued in one hand?
Answer: the number of powers of attorney issued in one hand is not limited by law.
85. Does a horticultural partnership have the right to charge penalties in case of late payment of membership fees?
Answer: it can, if penalties are mentioned in the charter as measures of influence, and the general meeting of members has established their size.
86. Which organizations should gardeners contact to protect their rights?
Answer: the body exercising supervision over the activities of non-profit organizations is the Prosecutor's Office of the Russian Federation, and the protection of rights is carried out in court. Therefore, gardeners need to go to court.
87. How are the membership fees of SNT members calculated on legal grounds - from a site or from a hundred?
Answer: paragraph 1 of Art. 18 of the law on gardeners indicates that citizens of the Russian Federation who have reached the age of eighteen and have land plots within the boundaries of such a partnership can be members of the SNT. Also, this article makes it possible for minors and minors to become members of the SNT, if they have passed the plots, for example, by inheritance, and also gives the right to become a member of the SNT to a foreign citizen or stateless person. In addition, in accordance with paragraph 2 of Art. 30 of the Constitution of the Russian Federation, no one can be forced to join or stay in any association - that is, membership in the SNT is good
Thus, an individual who is the owner of a land plot located within the boundaries of the association can become a member of a horticultural non-profit partnership. And if one individual is the owner of several plots, even located in different places of the partnership, then he can still become a member only once. It is impossible to be a "twice member", "three times a member".
In accordance with Art. 20 of the law on gardeners, the general meeting of members of the SNT is the supreme governing body of such an association.
The legislator does not directly indicate that the weight of a vote (the number of votes) somehow depends on the amount of property belonging to this member. We can see an example of a direct indication of this in paragraph 4 of Art. 49 of the Federal Law of December 26, 1995 No. 208-FZ "On Joint Stock Companies":
“decisions on issues are made by the general meeting of shareholders by a three-quarters majority vote of shareholders - owners of voting shares participating in the general meeting of shareholders” and clause 4 of Art. 146 of the Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ: “Decisions on other issues are made by a majority vote of the total number of votes of the members of the partnership present at the general meeting or their representatives.”
Thus, regardless of the number of land plots, a citizen can be a member of the SNT only once and has one vote at the general meeting of members.
In accordance with Art. 1 of the law on gardeners, membership fees - funds periodically contributed by members of the SNT to pay employees who have concluded employment contracts with such an association, and other current expenses of such an association.
In essence, membership fees go to the maintenance of the legal entity and its governing bodies. Please note: not the maintenance of property, but the legal entity itself - stationery and postage, duties, legal costs, wages, taxes and fees.
If the rights and obligations of members are equal, then the participation of each member in the maintenance of the legal entity must be equal.
Separately, we note that in accordance with the charter of the SNT, a special fund can be formed in it, which consists of state support funds, income from business activities of the SNT, membership and entrance fees. With the funds of the special fund, property is created that belongs to a legal entity - the SNT itself.
After the liquidation of the SNT, the funds remaining after settlements with creditors are distributed equally among the former members of the SNT. Thus, membership fees are equal for members regardless of the size/number of garden plots occupied.
The situation is different for earmarked contributions. According to the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property, therefore, the owner of three sections (as a co-owner of three shares in common property, if the shares are properly registered) will pay a triple contribution for the repair of the road inside the SNT.
However, according to Art. 245 of the Civil Code of the Russian Federation "If the shares of participants in shared ownership cannot be determined on the basis of the law and are not established by agreement of all its participants, the shares are considered equal."
Based on the foregoing, we can conclude that in the event of the liquidation of the SNT, the property (in monetary terms, after its sale) will be divided among the members in equal shares.
Consequently, in the absence of an agreement between members on the size of the shares, earmarked contributions must also be equal for all members of the SNT.
88. In our SNT there are plots whose owners do not cultivate them, we have to mow them ourselves. Can we sell them?
Answer: You can only dispose of the property that belongs to you. It is obvious that the abandoned plot has an owner. The disposal of such a site (even if they were given shareware use) is a fraud. If there are abandoned lands in the SNT, we recommend that you contact the Rosreestr, the inspectors of the state land control.
89. What to do with the land, the owner of which has died, but the heirs have not appeared?
Answer: nothing can be done about this area. In accordance with the procedure established by law, such property is recognized as escheat and becomes the property of the municipality.
90. I bought a plot from an SNT member who didn't pay dues. Should I pay off his debts?
Answer: no, they shouldn't. The board must collect debts on contributions from the seller.
91. The chairman refuses to sign the act of agreeing on the boundaries of the land plot and to issue me a certificate stating that the land was legally provided to me. Motivates by the fact that I have not paid dues. Is he right?
Answer: no, the chairman of the board in this case is not right.
92. How is the redemption price of property seized for state needs determined?
Answer: in accordance with Art. 281 of the Civil Code of the Russian Federation, the price is determined by agreement with the owner of the site. When determining the redemption price, it includes the market value of the land plot and real estate located on it, as well as all losses caused to the owner by the withdrawal of the land plot, including losses that he incurs in connection with the early termination of his obligations to third parties, including lost benefit. In the absence of an agreement on the redemption price, the issue can be resolved in court.
93. Why in SNT, not every gardener, but the association as a whole, is a subscriber under an energy supply agreement?
Answer: for the reason that the energy supply agreement is concluded not with each specific gardener, but with the legal entity as a whole.
94. Why do gardeners have to pay for losses in electrical networks?
Answer: the content of this question is the subject of discussion. In accordance with Art. 210 of the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property - in this case, electrical networks. If an energy supply agreement is concluded with each specific gardener, then payment for losses in the networks is not made.
95. Is SNiP 30-02-97 * a regulatory document, the requirements of which are mandatory for all gardeners?
Answer: This document was valid until May 19, 2011. Since May 20, 2011, the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *. Planning and development of territories of horticultural (country) associations of citizens, buildings and structures”, which is included in the List of National Standards and Codes of Rules, approved by order of the Government of the Russian Federation of June 21, 2010 No. 1047-r, which, according to Part 4 of Art. 6 of the Federal Law of December 30, 2009
No. 384-FZ "Technical regulations on the safety of buildings and structures" are mandatory for application.
96. I have a privatized plot in SNT. I pay taxes to the state, why should I pay any more money for my privatized land?
Answer: The obligation to pay land tax lies with each owner of the land. Registration of the right of ownership to a land plot does not entail the termination of the obligation to participate in the maintenance of common property and the legal entity itself. Thus, membership and earmarked contributions in the partnership still need to be paid by the member.
97. A member of the CNT who did not pay dues has died. How to make the heirs pay contributions - the father's debts and the money that they themselves owe as new owners.
Answer: it is possible to force the heirs to pay the debts of the testator in a judicial proceeding. Please note that you can recover only those funds that the deceased did not pay. Those "debts for the plot" that arose after the death of the testator cannot be recovered. The owner of the land plot pays membership fees if he is a member, or pays under an agreement if he is not a member and such an agreement is concluded. If the contract is not concluded and the citizen is not a member, he has no obligation to deposit any funds to the cash desk of the association.
98. How and where can I find out who is the owner of the land?
Answer: contact the territorial department of Rosreestr (at the location of the property). If the right to a land plot is registered, you will be given a certificate of the right holder.
99. We don't want to live in SNT. What will happen to our land after the liquidation of SNT?
Answer: plots belonging to citizens will remain with them in the same right as before. The common property is likely to be sold. And then the owner will be able to independently set the amount of payment for the use of his property.
100. When will the current law on gardeners be changed?
Answer: Unfortunately, no one knows the answer to this question. From the point of view of common sense, this law should be repealed and regulate relations between property owners in accordance with the provisions of the civil legislation of the Russian Federation and the Constitution.
