What are the responsibilities of gardening? Management in SNT in the relationship of all elements: general meeting, board, chairman

Let us list what rights and responsibilities are imposed on the chairman of the SNT. He has quite a lot of them. Moreover, decisions made by the chairman within the framework of his powers are binding on all members of the SNT:

• Organizes and chairs board meetings at the frequency prescribed by the SNT charter.
• If at a board meeting the votes of its members are distributed equally, then the chairman’s vote 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.
• Reviews applications from members and partnerships, issues powers of attorney, signs protocols and certifies them with a seal, and conducts office work.
• Provides a report on its activities, which is reviewed and approved by the general meeting of the SNT.

According to the new law, the chairman is also charged with other, less important duties, such as issuing membership cards. He must also send warnings by registered mail to debtors of membership fees about the possible termination of their membership in the partnership. As for the creation and maintenance of the register and the preparation of extracts from it, this time-consuming work can be entrusted to a 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 elective position is not considered work and therefore is not paid. The new law provides for the need to pay 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.

Managing the affairs of SNT is very difficult, and the chairman has more responsibilities than rights. To suppress possible abuses on his part, there is an audit commission. If its members are principled, they will ask the chairman for any little thing, not to mention the implementation of meeting decisions, the legality of transactions and the safety of common property. If losses occur in SNT due to the fault of the chairman, he will have to compensate them together with the members of the board who took part in making the wrong decision.

Question What are the rights and powers of the chairman of the SNT or what does the chairman of the board do? Answer The Chairman of the Board of SNT is the highest executive officer in SNT. The rights and responsibilities of the chairman of the SNT are determined by the law “On GARDENING, VEGETABLE AND COUNTRY NON-PROFIT ASSOCIATIONS OF CITIZENS.” Until the end of 2018, the current law is N 66-FZ of April 15, 1998. Starting from January 1, 2019, Law No. 217-FZ of July 29, 2017 comes into force. The Chairman of SNT is elected at the general meeting of SNT from among the members of the SNT board by secret or, if defined in the SNT charter, by open voting. After being elected to the position, the elected chairman of the SNT board is required to register with the tax service within five working days, otherwise SNT will pay a fine.

Responsibilities, duties and rights of the chairman of the board of directors.

Documents confirming the authority of the chairman of the SNT are an extract from the minutes of the General Meeting of the SNT, certified by the seal of the SNT, or an extract from the Unified State Register of Legal Entities issued by the tax inspectorate. The powers of the chairman of the SNT are determined by Article 23 of Federal Law-66: 1.

The board of a horticultural, gardening or dacha non-profit association is headed by the chairman of the board, elected from among the board members for a term of two years. The powers of the chairman of the board are determined by this Federal Law and the charter of such an association.
The chairman of the board, if he disagrees with the decision of the board, has the right to appeal this decision to the general meeting of members of such an association (meeting of authorized persons). 2.

Responsibilities of the chairman of the council, or is it difficult to be the chief among gardeners

When answering important questions about the organization and structure of the SNT, it will rely on it. Firstly, in order for citizens to be able to carry out gardening or gardening activities, they need to:

1. Be the owners of the relevant plots or have a desire to acquire such land.
2. Register as a non-profit organization.

The organizational and legal form, in accordance with Article 4 of this law, may be as follows: horticultural non-profit partnerships (SNT) and gardening non-profit partnerships (ONT).
Previously, summer residents were allowed to draw up 9 organizational and legal forms, but now there are only 2. Secondly, the decision to form a new organization should be discussed at a general meeting of the owners of the plots that are planned to be included in the SNT or ONT.

Chairman of the council - duties, rights and powers and their provision

Ordinary citizens who have become members of SNT - horticultural associations, are often not aware of what duties the chairman of the SNT must be required of him, what is the range of his legal actions and how to interact with him to protect their interests. Read more about this in our article. Table of contents

• Briefly about SNT
• Chairman of SNT
  • Responsibilities
  • Job description
  • Content
• How to shift?

Briefly about SNT To understand what functions the chairman of SNT performs, you need to understand the legal and actual status of a horticultural non-profit partnership - why it is created, what laws it is regulated by and how it relates to the rights and interests of members.

Land expert

After all, the board is an executive body of power, which means it is obliged to take care of the actual implementation of the will of the SNT members or authorized representatives. Job description The document is drawn up at the general meeting of SNT members and attached to the minutes.

Important

The chairman reads his instructions and signs the receipt or agreement. If changes need to be made to the instructions, the adjustments are also discussed at the general meeting of the team and accepted with the consent of the participants.

Attention

As a rule, with several changes, an additional agreement sheet is attached to the instructions. If a lot of adjustments have been made, then a new instruction is drawn up and adopted.

Rights and responsibilities of the chairman of the council under the new law

The main goal and reason for the formation of SNT is to unite individuals to jointly resolve issues and tasks of economic activity, social, technical and material support. The created partnership of gardeners must be registered with the Federal Tax Service inspection at its legal address - the decision and minutes of the meeting of all participants, the charter of the partnership, the decision on the selection of the governing body and the head are submitted.

SNT is a society of owners of gardening plots who make regular contributions to jointly satisfy the needs on the territory, pay wages to hired and selected employees of the partnership, purchase the required inventory, equipment, etc. Among the main joint needs that are fulfilled through SNT are landscaping, development of the necessary infrastructure, installation of utility networks, communications, protection of the rights of owners by a single person.

403 forbidden

But for this it is necessary to have in hand a court decision that the residential building erected on the site belongs to a capital construction project and is suitable for permanent residence. In 2019, the procedure for obtaining residence permits and registering property will be the same. But, if a new by-law is adopted, it will not be necessary to obtain a decision from the judicial authorities. This is exactly what most experts insist on. If the new act is approved, the procedure for transferring a garden house to a residential property will be simpler. Nothing is known yet, although gardeners are recommended to build permanent buildings on the territory of SNT plots. By the way, SNT can be transferred to a partnership of real estate owners, or to a HOA.
Thus, gardening plots will belong to the cottage community.

Chairman of the Council and his duties.

What buildings are being built on garden plots? Only non-permanent buildings and structures are allowed on such land. They cannot be registered as property - even if they look like a capital construction project.

Remember that non-permanent buildings are erected without a foundation. They can be demolished/moved/disassembled. It is possible to independently construct a capital construction project on a site intended for gardening.

But it will not be possible to register a real residential building using documents - it will be considered a barn or other outbuilding. It will be possible to register it only if the type of permitted use of the land changes. Registration in SNT in 2018 and 2019 - changes in the law on gardening partnerships, myths and reality It is possible to register in SNT both now and in 2018.
Chairman of the SNT At the general meeting of the members of the partnership, the executive body of the company is elected - the board and the chairman, who is also the head of the SNT, who is also the manager. Hierarchy of power:

• general meeting of all gardener participants;
• meeting of authorized representatives;
• the board is the executive branch, accountable to the SNT meeting;
• Chairman - head of the board.

The chairman is obliged to act in the interests of the organization's participants and comply with the job description assigned to him. The official instructions are also formed at the general meeting and correspond to the provisions of the 66th Federal Law, adopted in 1998 on April 15. The law applies to SNT, as well as dacha and gardening non-profit organizations.
Every gardener needs to study the current law in order to get a clear understanding of his rights and responsibilities, the status of his SNT and the rights and responsibilities of the chairman of the partnership.

Inspect equipment located on the property. Provide information that you consider important. Check accounting. In emergency situations, make the necessary decisions.

Responsibilities. Let's take a closer look at what responsibilities the head of SNT has. Represent the general opinion of society in government governance structures. Perform at the meeting the functions of the head of the partnership. It is possible to sign documents first. Maintain control over the condition of equipment and areas. If deficiencies arise, measures must be taken to eliminate them.

Conduct meetings of members of the partnership. Procure the necessary equipment and materials. Record meter readings and transmit data to the appropriate services.

Conduct equipment inspections to monitor condition. Obligation to sign contracts. Account opening is allowed.

Give power of attorney.

Rights and responsibilities of the chairman of the SNT 2018

Previously, money was transferred in cash and many SNT members complained that they were being spent without a purpose.

• Owners will receive receipts for payment of fees.
• They will strictly monitor what the money was spent on.
Membership fees can be spent on: 1. Maintenance of the partnership's common property, including payment of rental payments for this property. 2. Settlements with organizations supplying heat and electricity, water, gas, and wastewater disposal on the basis of agreements concluded with these organizations. 3. Settlements with the operator for the management of municipal solid waste, the regional operator for the management of municipal solid waste on the basis of agreements concluded by the partnership with these organizations. 4. Improvement of general purpose land plots. 5.

When joining the SNT, not all future gardeners know the responsibilities of the chairman, so they often expect him to resolve issues that are not within his competence. What duties should the chairman of the SNT perform? You will find clarifications in this article.

Features of SNT

To figure out what kind of workload the chairman of the SNT should carry out, 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 general social and economic issues. This type of gardening organization must be registered with the state tax service.

The features of SNT as an organization are as follows:

1. Drawing up the charter (in writing).
2. Elected governing bodies.
3. Possibility of conducting activities from the date of registration.

At the same time, SNT members are the owners of land plots, they are obliged to regularly pay fees (for example, membership, target). Funds collected through contributions from gardening members are intended to support:

• governing bodies;
• property for public use.

In its essence, such a gardeners' partnership unites plots of land intended for common use. That is, they represent a single array that has its own developed infrastructure:

• roads and passages;
• ditches for drainage;
• all kinds of buildings;
• communication network of various types (water supply, gas, electricity, etc.).

Such infrastructural elements are property for common use by all members of the SNT.

Job details

The chairman of any gardening, especially a non-profit one, is the main character in the management of this organization. The responsibilities corresponding to the position of the chairman are determined by special instructions. It is drawn up on the basis of the Federal Law - Law No. 66. Let's consider the key points of this document:

1. The chairman is hired by members of the gardening community, and they can also dismiss him from his position, but only by agreeing on their decision at a general meeting.
2. The chairman is elected at a general meeting or for authorized persons (with the obligatory execution of a corresponding written resolution).
3. The term of office for this official is two years.
4. He may have the following employees subordinate to him:
   • deputy (in the absence of the chairman, works in his place);
   • secretary (maintains documentation, files of partnership members, owners of garden plots, etc.).

The listed powers of this official are determined by the charter of non-profit gardening 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 it should not contradict the charter and legislative system of our state. Our experts have prepared an information table from which you can find out all the nuances of the position of chairman.

If an official elected or hired as the chairman of the SNT fails to 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 dismissed from his position.

Removal of the SNT chairman from office

There are several basic situations when the chairman of a non-profit gardening company can be relieved of his position by the board members themselves. This opportunity is presented to them as a result of the actions of the chairman himself:

• constantly fails to comply with the decisions of general meetings/board;
• systematically refuses to fulfill his direct official duties (for example, does not hold meetings of the board at the written request of its members);
• expressed in writing a desire to voluntarily refuse to perform his duties and his position;
• is absent as an official from his workplace for more than ten days (with mandatory factual confirmation);
• refuses to provide the inspection commission performing the audit with the required documentation on the activities of SNT;
• conducts independent activities, as a result of which SNT is damaged financially (for example, abuse of powers for personal gain), with subsequent confirmation by a special commission that it is conducting an audit.

The above list can be expanded or shortened. This is done by the gardening members themselves at the meeting. In this case, 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.

To view photographs posted on the site in an enlarged size, you need to click on their reduced copies.

The leader acts openly, the boss acts behind closed doors.
The leader leads, and the boss controls.

Theodore Roosevelt

The appearance of this section on the site is caused not only by the special importance of the problem under consideration management in horticultural non-profit associations, but also blatant violations in this area by the chairmen of the boards. The latter cause gardeners to have a negative attitude towards the authorities and a lack of faith in justice, both in SNT and in the country as a whole. It seems to people that everything is being done only against them, that those in power have seized everything everywhere and for a long time, and have paid for everything, and therefore there is no point in objecting, but there is a point in dragging out their slave existence, based on the principle “don’t get involved - it will cost you more.” .

Those who do not agree to be a slave to the chairman try to defend their rights by all available means. They contact law enforcement agencies, local government bodies, and the courts. But very often they lose. This happens due to ignorance of the basics of operation gardening association(SNT, DNT, SNP, etc.) in accordance with the basic federal law "On gardening, gardening and dacha non-profit associations of citizens" No. 66-FZ dated April 15, 1998 d. And this leads to a weakly effective evidence base when applying to the authorities. The latter, in turn, simply unsubscribe, leaving the complaints essentially unanswered and without a legal decision being made, and the courts refuse the claims, filing them in cases without satisfaction.

Many gardeners who raised their voices against arbitrariness in the SNT are subjected to persecution, intimidation, and persecution by the chairman and his servants. In this case, the means for pressure are chosen to be the simplest: they turn off the electricity, water, do not allow a car into the SNT territory, render the plantings unusable, etc. All these presidential means of intimidation are illegal from the very beginning. But chairmen adhere to only one principle: “In my gardening, I am the constitution, and I am the authority.” The war is protracted. Others, looking at this development of events in relation to their neighbor, simply sit quietly in their garden plots and do not even try to object in defense of the persecuted. Such, if I may say so, “people in a case” quietly scold governing body in their country kitchens and continue to voluntarily finance local bosses from SNT.

In fact, such wars between defenders of their rights, and in fact defenders of the rights of all gardeners in one particular partnership, should not occur provided that everyone correctly understands the meaning of management in SNT, the correct alignment of the entire chain: from incubating an idea, calculating its cost, discussing, decision making and until final execution.

Of course, we are not now considering and will not consider the machinations of pseudo-truth-seekers, who are more likely to belong to the category of freeloaders than defenders of their rights and the rights of gardeners. These fight to the death for their position in SNT, in which they do not pay for anything, but take advantage of everything. At the same time, quietly, and somewhere insolently, they laugh at the fools-gardeners and the same fools sitting on the board, who paid, maintained and continue to do so now and will in the future, paying for the work of all infrastructure facilities and public property from their own pockets in order to improve and create conditions for conducting gardening freeloaders. There are even sites on the Internet on this topic, the authors of which, supposedly from the point of view of the law, prove the fair position of the freeloader, whom other gardeners from among the SNT members are obliged and must feed. It is very difficult to understand this issue, because... their references to legislation are interspersed with incorrect conclusions, and partial ones, or they distort legal norms taken out of context. As a result, in such SNT freeloaders thrive due to the illiteracy of chairmen and boards who lose in courts, while at the same time realizing that they are right. But, unfortunately, the mere awareness of being right cannot win in court.

Let's define the main questions for this article:

The essence of management in SNT is the interconnection of its component parts?
How should the management process be structured in gardening association?
Why is the concentration of power only in the hands? chairman(government) is illegal, and what follows from this?
What should gardeners do to restore legality in the management of SNT?

Goal: Show the entire management chain of a gardening association as it was intended by the legislator and laid down in the norms of Federal Law-66 of April 15, 1998.

It's time to enter into a dense analysis of the designated topic.

Management in SNT in the relationship of all elements:
general meeting, board, chairman

Components of managing a gardening association

This page contains truisms that are clearly and unambiguously set out in our horticultural law No. 66-FZ dated April 15, 1998 And it would seem that there is something incomprehensible here, take chairman“The law on SNT” read and follow. You'll be all right. But no. Does not work. That’s why dissatisfied people appear, spontaneous bloodless riots arise. The chairmen, in turn, try to suppress dissent, which they sometimes succeed. But in most cases, no. The reason for such negative consequences of management on the part of the chairman is not so much his personality itself, although this cannot be discounted, but a lack of understanding of the essence of management in SNT.

Important: Management in SNT is collegial, starting from general meeting, and ending with the board together with the chairman who heads this body. The chairman of the board has never been and will never be the executive and legislative body of a horticultural non-profit association in one person. A formula for the chairman like: “In my SNT, I am the constitution!” illegal.

Not long ago I had to have a strong argument with a neighbor, who was at that moment the chairman of SNT. He passionately argued that he, as chairman, had the right to make decisions without asking the board for permission for every step he took. In defiance, he had to explain that the position of chairman in SNT is akin to the position of a “wedding general” in the sense that the chairman cannot independently make a single more or less important decision unless there is permission from the board. When our mutual strength in the dispute dried up, he promised to look at the article again. 23 "" FZ-66 dated April 15, 1998. As one would expect, the next day, he admitted that he was wrong and that he was amazed that, having been chairman for more than one year, he did not know that almost everyone Decisions in SNT should be made collegiately at a board meeting.

To once and for all understand the situation with management in SNT, let's turn to Chapter 5 " Control gardening, gardening and dacha non-profit associations of citizens" No. 66-FZ and we will build a chain according to which any decision can and should be made in the association.

Following the logic of the law, after generalization and analysis of the norms of the law, the following sequence is obtained:

GENERAL MEETING - the main collegial body that makes decisions on all issues of the life of SNT →

BOARD - collegial executive management body that organizes and implements decisions of the general meeting →

CHAIRMAN OF THE BOARD- a sole executive body that organizes and implements decisions of the board, general meeting, and at the same time heads the board →

AUDIT COMMITTEE- a controlling body, accountable to the general meeting, exercising control over the financial and economic activities of SNT, incl. work of the board and chairman.

In order to clarify the question of who the chairman of the board actually is, I had to surf the Internet all day and read legislative acts. There is only one conclusion: the chairman was, is and remains the sole executive body in the gardening association with all the consequences arising from his legal status. You can read about this in detail here: “Is the chairman of the SNT a slave or a thief?” Fabrications of smart and not very smart lawyers, related experts and other curious people, on the topic of SNT that the chairman is a person equal to the wedding general: without rights, without a salary, without an employment contract, without responsibilities, etc., do not stand up to any criticism and tests of practice, both in the legal field and in the life of gardening associations.

Let's move on. All duties and rights of the governing bodies of the horticultural association are set out in Articles 20 - 23 of Federal Law-66, all issues related to the general meeting are placed in a separate section. There is no point in repeating them or analyzing the specifics of the activities of the board and chairman. There are separate pages on the website for this purpose.

In the indicated chain “general meeting - board - chairman” there are still several links missing. And without them, management in SNT does not work the way it should work. To make everything work, we will extend the chain a little, thereby emphasizing that, despite the main governing body of SNT, which is the general meeting, it does not govern the association without the painstaking work of the board and chairman. You will get a chain like this:

CHAIRMAN OF THE BOARD- sole executive agency →

GENERAL MEETING - main collegial body →

BOARD - collegial executive management body →

CHAIRMAN OF THE BOARD- sole executive body →

AUDIT COMMITTEE- a supervisory body, accountable to the general meeting, exercising control over the financial and economic activities of SNT, incl. work of the board and chairman.

Adding both executive bodies of management in the presented sequence above the general meeting ultimately gives us the fact that in any normal association the board and chairman play and should play an important role not only in the implementation of decisions of general meetings of the SNT, but also in the preparation and subsequent adoption of any decisions by general meetings. The assembly is not something similar to an existing governing body in itself. One of the proofs of this situation in the general management system in SNT is the norm of our horticultural law:

Article 21. Competence of the general meeting of members (meeting of authorized representatives)

2. The general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) is convened by the board of such an association as necessary, but at least once a year. An extraordinary general meeting of members of such an association (meeting of authorized representatives) is held by decision of its board, the request of the audit commission (auditor) of such an association, as well as at the proposal of a local government body or at least one fifth of the total number of members of such an association.
An extraordinary general meeting of members of such an association (meeting of authorized representatives) on the issue of early termination of powers of the chairman of the board of the relevant association or early re-election of members of the board of the relevant association may be held in the absence of a decision of the board to hold this meeting, subject to compliance with the procedure established by this article for notifying members of the relevant association about holding this meeting. (as amended by Federal Law dated June 23, 2014 N 171-FZ)

Governing body horticultural, gardening or dacha non-profit association obliged within seven days from the date of receipt of the proposal local government body or at least one fifth of the total number of members of such an association or the request of the audit commission (auditor) of such an association to hold an extraordinary general meeting of members of such an association (meeting of authorized persons) to consider the specified proposal or requirement and make a decision to hold an extraordinary general meeting of members of such an association association (meeting of authorized representatives) or refusal to hold it. (paragraph introduced by Federal Law dated November 22, 2000 No. 137-FZ)

The law clearly and unambiguously gives an answer to all the machinations of any presumptuous oppositionists and others who want to change power in the SNT about who can make a decision, organize and hold a meeting. The board and only the board. No one else and nothing else. If the board makes a negative decision on organizing and holding a meeting, and it does not suit the people, then they have the right to force such a board to fulfill its direct responsibilities through the court.

This management chain creates the following completely democratic system: the chairman of the board and members of the board work directly with gardeners, and gardeners with their problems and suggestions come to the chairman and members of the board. From this mutual work and communication, the board, together with the chairman, develops proposals that are submitted to the general meeting. In turn, the meeting approves these proposals if they meet the needs and requests of gardeners. After the meeting, the board and the chairman organize and implement the decisions of the general meeting, consisting of proposals made by them. This is such a vicious circle. And, mind you, it is fully functional and complies with the law.

Conclusion: The mechanism of the law is structured in such a way that the chairman of the board cannot take a single step without a decision of the board, and the board does not have the right to make decisions that, in turn, do not correspond to the decisions of the general meeting.

In practice, not all the chairman’s moves are controlled by the board, and the conclusion reached should not be taken one way or the other. There are also caveats. The law allows you to vest the chairman with powers beyond those set forth in Article 23 “Powers of the chairman of the board of a horticultural, gardening or dacha non-profit association” FZ-66. Such powers are recorded in the SNT Charter and must be approved by the general meeting. Another option for resolving the issue of granting additional powers to the chairman is an employment contract concluded between the elected chairman and the SNT employer represented by the board (Article 22 “Board of a horticultural, gardening or dacha non-profit association” Federal Law-66). In addition, the chairman, performing his duties in accordance with the norms of the law, is not as limited in his independence as apologists for the lack of rights of the head of the board in SNT are trying to present.

If the described mechanism works completely and entirely as intended by the legislator, i.e. on SNT, and therefore on gardeners, then it corresponds to the goals and objectives of the horticultural association, as such, as stated in Article 1 “Basic Concepts” of Federal Law-66. Decisions that people do not need in such a SNT are never brought to general meetings. Meetings are held, maybe noisy, but productive and beneficial for the business, for the people.

However, it often happens that the board and the chairman break away from the gardeners and begin to live according to their own concepts, forgetting about the people and goals for which the SNT was created and the governing bodies were elected. In such SNTs, the chain of command defined by law breaks down. Why and when does this happen? The answers are below.

The concentration of power in the hands of the chairman of the board of SNT is illegal

Let us repeat: the mechanism of the law is such that the chairman of the board cannot and does not have the right to take a step without a decision of the board. And the board, in turn, cannot take specific steps without a decision recorded in the minutes and adopted by a competent general meeting. In other words, the tasks of developing infrastructure and common property of the horticultural association, worked out in all directions, are submitted by the chairman and the board to the general meeting. The meeting, making a positive decision, gives the go-ahead for the implementation of the goals set by life and the needs of people. In addition, the meeting must determine the limit of expenses for these tasks, which are recorded in the estimate of income and expenses of the SNT.

If this is so, then the majority of gardeners in the association are satisfied with the work of the board and chairman. Elections of new management bodies occur regularly with the replacement of some managers and the retention of another part from the old composition of the board. This makes it possible to obtain not only continuity in work, but also eliminates the initial confusion of board members, as happens in the case of the election of a completely new board composition and a new chairman. In such a partnership, any gardener understands the problems, knows exactly how much money is given and for what purposes, and sees the results of the work of the governing bodies. And most importantly: an ordinary member of the SNT sleeps peacefully.

How does the gap between the chairman and the gardeners occur? Why are people in some SNTs satisfied with the state of affairs in their association, while in others there are incessant squabbles and litigation? Who is to blame in these cases? If you, dear gardener, decided that the chairman would now be branded with disgrace and “hanged” as an enemy of the people, then you are deeply mistaken. The board of the gardening association is to blame. Let's try to prove this thesis.

It should be noted that the further circumstances under consideration are typical for many SNT. Some associations have long been managed only by the chairman, some are slowly sliding into the swamp of lawlessness, and others are also slowly getting out of the dead end, restoring law and order for the people.

In the first part of the article, we dealt with the chain of command of a gardening association established by the legislator. So, in all SNTs, where there is no order and legality, this interconnected and interdependent chain does not work. It breaks on the element governing body. “How can this be,” you ask, “after all, the meeting elects the most authoritative and worthy people to the board.” Everything is right and true. However, authoritative and worthy gardeners are not always ready to work in the collegial governing body of the association. Being just a good and respected person is great, but these qualities are not enough to fulfill the responsibilities in the process of managing SNT. What previously slipped through the cracks in the USSR today does not pass the test of strength tests. It's torn. And therefore, gardeners should think 10 times before choosing a board consisting exclusively of respected people, but without the necessary professional skills and the desire to work, and not sit on their pants.

Reasons why the board does not work as an executive collegial governing body:
1. Members of the board do not have enough time to fulfill their duties due to their workload, the distance of SNT from their place of permanent residence, as well as their rare visits to the association and their individual land plots.
2. Some board members are unwilling to fulfill their duties other than those related to voting on a particular decision.
3. Members of the board do not want to learn and master new functions related to the performance of the responsibilities of the board.
4. Members of the board delegate the performance of their direct duties to the chairman of the board.

All of the above reasons, especially the last two, in combination give the result in the form of concentration of all levers of power in the hands of one person, namely, the chairman of the board. At the same time, it very often turns out that the chairman finds himself in a situation where he himself is far from realizing that he is fulfilling his functional responsibilities and the responsibilities of the board in one person.

It must be emphasized that not all board members meet these shortcomings to the same extent. One member of the board rarely attends meetings, another refuses assignments due to being busy, a third knows neither personnel work, nor economic policy, nor accounting, the fourth believes that he already knows everything, etc.

However, if in a partnership things move towards the emergence of a sole executive, and later a legislative body, then a rule arises that forms the basis of all lawlessness in the SNT:

Rule of the chairman as the sole management body:
1. The leadership of SNT is based on separate knowledge from the previous profession, fragmentary information from other areas of knowledge, law, professions, a non-systematic approach to solving SNT problems according to the principle: “as I understand and know, so I do and act.”
2. The chairman has some knowledge of legislation, responsibilities and knows how to use them in his work.
3. The leadership of SNT comes down to fulfilling a two-pronged task: solving urgent issues for SNT and relatively honest taking money from gardeners for their own pockets under the guise of the first part of the task.

Naturally, in all cases, gardeners will suffer. And it is not a fact that in the first case, the chairman will be able to work better than in the second. SNT has been or is being driven into such an unacceptable position by its board. Gradually transferring its powers to the chairman, the board simply turns into a body unnecessary to anyone, consisting of wedding generals who, at best, vote by phone for the chairman’s initiatives, including illegal ones, and at worst, do not participate in any more or less management at all. And here, only on his own initiative, the chairman, sometimes wanting to play it safe, informs the board members about the decisions he has made. This is especially true for collecting additional money from gardeners.

Gradually, imperceptibly, the board, as a collegial body, falls out of the scope of general management in SNT. At first, the chairman sometimes still holds council with the gardeners at the general meeting, there is no longer any talk of a board. No one remembers it as an organ. And later there is no need to organize and hold general meetings.

The end of collegiality in management ends when the process of transfer of powers from the board to the chairman of the SNT is completed. And immediately a new era of the reign of the next “monarch” begins in the association, with the occupation “sovereign of the land of SNT...” At this stage, the chairman also does not need a general meeting. The operating principle is based on patching up holes that cannot be overlooked, and at the expense of additional fees from gardeners and payments for infrastructure facilities and other common property, without which the existence of SNT is impossible in principle in this particular association.

All! With this SNT the law came to an end. Annual contributions are planned in the head of the chairman, approximately. The calculation includes current needs, the rest is planned out of your own pocket. In any case, the chairman is outside the legal activities of the legal entity. One person is simply not able to cover the entire range of problems solved by a legal entity, even if they work hard around the clock without sleep or rest. Of course, in such conditions, a conscientious person misses something important, simplifies it, does not have time, etc. At the same time, the question quite legitimately arises in his head: “How adequate is my salary to the work?” The answer will be disappointing for gardeners. Of course, in medium and large SNT, the chairman simply cannot do without an accountant who, while performing his duties to a minimum, at least collects money from the people. What follows is a normal distribution of income from the point of view of the chairman sitting too long in the chair. At first, this amount does not exceed 20 - 30% of all money collected in SNT, and then this amount increases to 50% or more.

Ultimately, the chairman becomes the person who not only determines all administrative and economic activities in the SNT, but also decides all issues in the partnership for all management bodies. In such a SNT, the chairman often declares: “In my SNT, I am the constitution.” Management is carried out rudely, brazenly, with violation of all conceivable rights of gardeners, according to the principle: “If they don’t take it, we’ll turn off the gas.” And he turns off everyone who is dissatisfied: gas, electricity, water, and does not allow access to their garden plot, even to the point of organizing direct harm by outsiders to dissenting plot owners and setting their houses on fire.

A situation like usurping all governing bodies by one person is illegal. The norms of Federal Law-66 of April 15, 1998 clearly define the powers of all management bodies in SNT. And these powers do not overlap anywhere. For example, the general meeting does not have the right to hire an electrician, because this is a function of the board, but the meeting approves the staffing table of SNT, according to which the board searches for, selects and then hires an electrician under an employment contract. However, the board, due to the fact that it is a collegial executive body, cannot issue an order to hire an electrician and sign the employment contract on the part of SNT. These functions are performed by the chairman as the sole executive body. The basis for such actions will be the decision of the board, recorded in the minutes. Let's look at the exact wording of the law:

Article 20 “Governing bodies of a horticultural, gardening or dacha non-profit association”, clause 1:

1. The governing bodies of a horticultural, gardening or dacha non-profit association are the general meeting of its members, the board of such an association, and the chairman of its board.

The General Meeting, being the supreme governing body, “has the right to consider any issues of the activities of such an association and make decisions on them.” In order to regulate and distribute management functions between the meeting, the board and the chairman, it determines the exclusive competence of the general meeting, consisting of 16 points. And Article 16 "" in paragraphs 5 and 6 limits the general meeting in making decisions:
5. The provisions of the charter of a horticultural, gardening or dacha non-profit association cannot contradict the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
6. Decisions of the governing bodies of a horticultural, gardening or dacha non-profit association cannot contradict its charter.

Here is how the law limits the functions of the board and chairman:

Article 22 “Board of a horticultural, gardening or dacha non-profit association” (last paragraph):

Governing body horticultural, gardening or dacha non-profit association in accordance with the legislation of the Russian Federation and the charter of such an association has the right to make decisions necessary to achieve the goals of the activity of such an association and ensure its normal operation, with the exception of decisions that relate to issues referred to by this Federal Law and the charter of such an association within the competence of the general meeting its members (meeting of authorized persons) as a legal entity.

Article 23 “Powers of the chairman of the board of a horticultural, gardening or dacha non-profit association” (last paragraph):

Chairman of the Board horticultural, gardening or dacha non-profit association in accordance with the charter such an association performs other necessary to ensure the normal functioning of such an association duties, with the exception of the duties assigned by this Federal Law and the charter of such an association to other management bodies of such an association.

In other words, Federal Law-66 clearly and unambiguously distributed all functional responsibilities between management bodies. At the same time, the management logic in SNT is structured in such a way that the transfer and redistribution of management responsibilities between units leads to a violation of the law and, accordingly, to the illegality of all decisions made.

Important: All voluntary and involuntary attempts to transfer management functions that fall within the competence of the general meeting and the board to the chairman of the board, by stating them in the charter of the association or by making a decision by the general meeting, are illegal and can be canceled through the court.

It should be remembered that the tax authority that registers the charter of a gardening association, as well as all changes in it, never checks the document’s compliance with the legislation of the Russian Federation, excluding points that relate to the organizational and legal form, name and location, subject and goals of the activity.

The question can be drilled into everyone’s mind: “If the usurpation of power by the chairman is illegal, then why doesn’t the SNT rebel, no one runs to court, no one demands any urgent action to restore law and order?” The answer is very simple and lies in the fact that gardeners, out of habit, continue to finance the association, because... know the rules of the game for the intended use of their money. Let’s define this intended purpose of SNT money a little differently than the law does in Article 1 “General Concepts”.

The horticultural non-profit association was created with three goals, the achievement of which requires funding:
1. Using your individual garden plot according to permitted use to meet personal needs.
2. Development of infrastructure facilities and public property designed to ensure the fulfillment of the first goal.
3. Maintenance of the entire infrastructure of the association, both newly created and inherited along with individual garden plots during the creation of SNT to achieve the same first goal.

Once again, the honesty and decency of our gardeners brings them down to the monastery. As long as funding continues, SNT will never collapse. People meekly bring money to the board, where no one has been there for a long time except for the chairman and accountant. In response to all questions, the chairman always has explanations about the need to urgently contribute the next amount of money, about his exceptional competence and efficiency for the benefit of people. He will always explain the lack of reporting documentation by saying that he is alone and no one else is working.

In such a SNT, money is collected from scratch; the amount of fees, or rather extortions, is determined by the chairman and his associate, an accountant. Money collected illegally is redistributed into the pocket and for urgent needs. Such needs include all payments for consumed utility resources. What goes into pockets is explained by the growing theft and unimaginable losses of electricity, water supply leaks, burnt-out pumps, funding for security guards who, as it turns out, are not responsible for anything, etc. and so on. With all this, the chairman does not have any supporting documents and, by definition, cannot have them. Otherwise, you simply won’t be able to put money in your pocket.

SNT, where there is electricity, running water, gas supply and other benefits of civilization, are more susceptible to the presence of these and many other outrages. It is easier to hide the chairman’s pocket money in them, because part of all payments is regularly paid by SNT as utility payments for the resources consumed by gardeners to the accounts of resource supply companies. The signs of how your hard-earned money, donated for the benefit of the development of SNT and maintaining infrastructure, go to the left are described in detail on the page: "", so we will not repeat ourselves.

Ways to restore collegial management in SNT

The question arises: “What to do?” Let's skip the dead-end path that most gardeners take. It doesn’t lead anywhere and doesn’t change anything in SNT, because is associated with the principles: “don’t get involved, otherwise it will cost you more”, “my house is on the edge, I don’t know anything”, etc. If you do not want to fight for your rights, sue, you obediently hand over the money, having long ago given up on the legality of this action , then continue to do this further. And let the chairman and his associates fatten at your expense, and excuse the harsh words, at the expense of the same fools, of whom there are still a lot in Russia.

There are completely legal ways to force the chairman to leave his home in disgrace or to restore legality in the association.

Method 1: stop illegal financing of the revenue part of the SNT estimate. You need to start with yourself personally, and then gradually bring all gardeners to this step. Not a single payment will be considered legally made unless it is comprehensively worked out by the board and approved by the legitimate general meeting of SNT members. In other words, if the meeting has not approved the income and expenditure estimate and the amount of membership and other contributions for the next financial year, if it is not clear from the estimate how and how membership fees are formed, and, if necessary, target fees for each specific gardener, where and how tariffs for utility resources, how losses in the internal utility networks of SNT are calculated, then any cash payment to the partnership’s cash desk is illegal, both on the part of the lender and on the part of the receiver.

The way to stop illegal financing of the SNT cash desk is the shortest and most effective. The chairman, in unfavorable circumstances for him, will be forced to try to make the defaulter an outcast, cutting off his access to all the benefits of civilization, or to restore legality in the management of the gardening association. The third way, when the chairman leaves, slamming the door, voluntarily, abandoning the feeding trough, is unlikely.

You should remember and be aware that all attempts to disable, not let in, or harm the defaulter are illegal. The chairman of the board, in full accordance with the law, has only one way of influencing the defaulter of contributions and payments. This method is to go to court. And it is fixed in Article 8, paragraph 2 "" (in relation to individuals) and Art. 7 “The powers of a horticultural, gardening or dacha non-profit association”, Art. 46 "" Federal Law-66 dated April 15, 1998 for members of SNT. In addition, the rules providing for the liability of SNT members for non-payment of membership dues and other payments must be prescribed in the charter of the association in accordance with the requirements of Art. 16 "Creation of a horticultural, vegetable gardening or dacha non-profit association" of this law.

Let's consider three possible scenarios of attempts to illegally influence a gardener who refuses to pay fees and payments not approved by the legitimate general meeting of SNT members:

Example 1: The chairman, for non-payment of membership dues and payments, excludes the gardener from the members of the SNT by personal decision, decision of the board or general meeting. The first two methods are illegal, because... the right to exclude is within the exclusive competence of the general meeting (Article 21, paragraph 1, paragraph 2 “Competence of the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized persons)". Moreover, the general meeting has such powers provided that there is a clause in the SNT charter on exclusion for non-payment of fees and charges within a certain period (Article 16, paragraph 4 “Creation of a horticultural, gardening or dacha non-profit association”).

Actions of the excluded: Provided that all legal grounds for exclusion on the part of the board are met, the gardener files a claim in court on two grounds:
1. Declare illegal the fees and payments established by the board (chairman) (there was no general meeting, the meeting was illegitimate, there were no notices of the meeting, etc. violations, there is no income and expense estimate, the estimate is not economically justified).
2. Based on the recognition of membership fees and payments as illegal, and therefore the impossibility of a SNT member fulfilling his duties in accordance with the provisions of Art. 19 p. 2 p. 6 “Rights and obligations of a member of a horticultural, gardening or dacha non-profit association” regarding the payment of membership fees and payments until the violations of the law and the Charter are eliminated, ask the court to reinstate you in membership in the SNT.

In the event of a different development of events, the excluded person acts as a gardener conducting individual gardening activities. The grounds for non-payment of fees and charges for the use of infrastructure facilities and other public property of SNT are the same, plus the mandatory presence of an Agreement signed by the parties on the use of infrastructure facilities and other public property of SNT... Without an agreement in which SNT itself is primarily interested payments are also illegal.

Example 2: The chairman, for non-payment of membership fees, disconnects the gardener’s plot from the power supply, while payments for consumed electricity are made by the gardener on time and in full. This decision can be made by the board or general meeting. All 3 options for revenge against SNT for failure to make illegal payments, as you already guessed, are illegal. There is not a single legislative or by-law in the Russian Federation that would establish a procedure when an individual’s property could be disconnected from the power supply for debts not related to power supply. The presence of such a situation in SNT charter illegal, even if it is there, because... contradicts the current legislation of the Russian Federation. In addition, disconnecting the gardener from the power supply can only be carried out by the power supply organization at the request of SNT, and the connection is carried out in the same way. At the very least, coordination of such actions with the ESO is mandatory.

If anyone believes that disconnecting and connecting gardeners to the power supply is solely within the competence of SNT, as a management company, then they are deeply mistaken. There is no need to listen to illiterate officials in the ESO or the same gardeners from among the board members. The proof is that SNT, with uncoordinated connection of new gardeners, sooner or later faces the need to increase the electrical capacity of the transformer substation (its own or that of the power supply organization). In full compliance with the norms of Government Resolution No. 861 of December 27, 2004 “On approval of the Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services, the Rules for non-discriminatory access to services for operational dispatch control in the electric power industry and the provision of these services, the Rules for non-discriminatory access to the services of the administrator of the trading system of the wholesale market and the provision of these services and the Rules for the technological connection of power receiving devices of electrical energy consumers, electrical energy production facilities, as well as electrical grid facilities belonging to network organizations and other persons to electrical networks." According to the requirements of this document, the electrical power requested by SNT, among other documents, must be justified by providing certificates of ownership of each connected gardener to the land plot and to the residential building (if there is one). Thus, the electricity supply organization actually legitimizes the technological connection of each gardener (individual) indirectly, through the SNT network, to its networks. And if so, then only the actions of the ESO in relation to disconnecting or connecting an individual (gardener) to the power supply will be legal. The provision of the contract concluded between SNT and the gardener for electricity supply, regarding the right of SNT to disconnect the gardener from the electricity supply for non-payment (even for consumed electricity) is illegal.

Actions taken when disconnected from power supply:
1. Record the fact of disconnection from the power supply.
2. Draw up a written statement to the police or prosecutor’s office about the arbitrary actions of the chairman. When analyzing your appeal, the chairman’s references to the decision of the board or general meeting will not have a convincing impact on law enforcement agencies. It must be fully heated. If the local patrons of the chairman have the guts to force him to comply with the law, then they can appeal higher. He still won't be able to buy them all.
3. You go to court with a claim against SNT for illegal disconnection from the power supply, attaching as many documents as possible: losses caused by illegal actions, moral and material damages, time and money spent on restoring your violated rights, receipts for visiting a doctor, written prescriptions etc. After the court makes a decision in your favor, it is imperative to tell about the illegal actions of the chairman, your appeal to the court and the losses that the chairman caused to the company through his illegal actions, paying you, as the injured party, all legal and other expenses. The process will not be quick, but it will result in the return of losses and a moral victory over lawlessness and the chairman. In my opinion they are worth it.
4. In order to self-defense their rights (Article 46, paragraph 2, paragraph 5 of Federal Law-66 “Protection of the rights of horticultural, gardening, dacha non-profit associations and their members”) and Art. 12, part 1 of the Civil Code of the Russian Federation, you restore the power supply to your garden plot by contacting a specialized organization or yourself, if you have the appropriate education and permission to do such work. Record your actions, save receipts for payment for electrician services, etc. At the same time, you do not have to wait for a reaction to your appeals or a court decision in accordance with actions under paragraphs 2 or 3. But! You must keep in mind that your going out with a pitchfork or a gun against the chairman, members of the board and the electrician will not qualify as self-defense of your rights. At best, it will be hooliganism, at worst, a criminal offense with consequences not in your favor.

Self-defense of law is an initiative, independent action of a person to prevent a violation of civil law and to reduce the consequences of this violation. Protection of the rights of the person himself, without contacting the competent authorities.
This method of protecting rights as self-defense of rights is provided for in Article 12 of the Civil Code of the Russian Federation. In accordance with Article 14 of the Civil Code of the Russian Federation, methods of self-defense of rights must be proportionate to the violation and must not go beyond the actions necessary to suppress it.

Example 3: The chairman gave instructions not to allow the gardener’s car into the SNT territory. As a rule, such a decision is made by the chairman himself, or in some cases by the board. The general meeting may support this decision, with shouts of approval from the king's servants, but the general meeting is unlikely to vote for it. Nevertheless, in the current conditions in such SNT, the voice-over at the meeting, the subsequent falsification of the minutes by such leaders are sufficient to issue a stern order: “Don’t let such and such into the SNT. Let him walk.” Cases of complete excommunication of a defaulting gardener from his own land plot have not yet been encountered in practice.
The decision will be illegal in all cases, even if it is made for an individual gardener on the basis of the provisions of Art. 8 clause 2 “Carrying out gardening, vegetable gardening or dacha farming on an individual basis” Federal Law-66, as a decision to deprive the right to use infrastructure facilities and other public property for non-payment of fees and charges. But! It should be taken into account that such a decision will be legal provided that the SNT registers ownership of public land. But even here you need to carefully look at the document of ownership. If public land belongs to gardeners on the right of common ownership with the definition of the share of each owner or common property without determining the share, this means that no one can be prohibited from passing through the PDO. This is explained by the fact that in this case some shares in the property belong to each owner of an individual garden plot. In this case, it does not matter whether the owner is a member or not a member of SNT. After all, the loss of membership in SNT, as a public association, does not entail the loss of a share in property. The consequence of non-membership is only the loss of the right to manage this property by voting at general meetings, but not the right to participate in the work of such meetings and the development of decisions. And therefore, the gardener can use his piece of property in accordance with the provisions of Art. 209 “The content of property rights” The SNT Civil Code cannot prohibit.
However, the general meeting may assign all public land plots to a legal entity. And in this case, the decision to restrict the passage of a defaulter will be legal, subject to the legality of the estimates and amounts of contributions and payments approved by the general meeting, as well as the inclusion of such a prohibitive norm in the charter of SNT for non-payment of contributions and payments..

Actions of a gardener whose car is not allowed access to an individual garden plot:
1. Record the actions of security guards or other persons prohibiting entry into the SNT.
2. Actions are similar to point 2 in the second example. The basis of the application will be data on the absence of a registered ownership right of SNT to the PDO or, if such a right is the common or shared property of gardeners.
3. Actions are similar to point 3 in the second example. The claim is drawn up on the basis of the existence of a right of common ownership or shared ownership, or the absence of such a right in SNT, as well as the absence of estimates and amounts of contributions and payments adopted by the legitimate meeting.

2. Restore collegial management in SNT, corresponding to the norms of Chapter 5 of Federal Law-66 of April 15, 1998 and the Charter of the association. It is necessary to start with the creation of an initiative group, which, based on the requirements of Article 21 " ", will actually oblige, incl. and through the court, organize and hold an extraordinary general meeting of SNT members to elect new management bodies: the board, chairman and audit commission. All the features of this process, and it is not quick, and if it also involves the court, then it is long, are described in the section of the website of SNT "Pishchevik" "GENERAL MEETING". The initiative group must act in strict accordance with the law, and not at its own peril and risk according to the principle of our man: “I know the laws, you don’t need to teach me.” “Where,” let me ask, “does this knowledge come from, if people haven’t even seen our FZ-66?”

Important: All efforts of the initiative group to organize and hold a general meeting with the adoption of any decisions, bypassing the decision of the SNT board, are invalid based on the provisions of Art. 21 FZ-66. The law clearly states that the decision to organize and hold a general meeting of SNT is made by the board at its meeting. There are no other options.

In the course of restoring collegial management in SNT, the main result of all the work of the initiative group at the meeting should be the election of the most important working body of SNT - the board. There should not be people on the board whose duty is only to participate in voting when making a particular decision. This will inevitably lead to what SNT has just gotten rid of, namely, the concentration of power in the hands of one chairman. Each board member must be responsible for a certain area of ​​work. In such conditions, the chairman will act as the organizer of the work of the collegial body and the executor of decisions worked out in the areas of activity. At the same time, the person responsible for the direction of activity must participate in the implementation of such decisions together with the chairman. Only in this case can we ensure 100% functioning of the board of SNT without fraud and “black” money.

We can finally sum it up. Having dealt with the questions posed by the topic at the beginning of the page, we must not forget that the management bodies themselves require detailed study on the problems of functional activity. The general meeting is already sufficiently covered on the website and is highlighted in a separate section. On the next page we’ll try to find out everything about the most controversial figure in SNT, about the chairman, who is hated in some SNTs and carried in others’ arms. Follow the link to the page: “Is the SNT chairman a thief or a slave?” (at the moment the page exists, but in the old format. It is interesting, but does not fully correspond to the content of the new site page you read. The same applies to the page about the SNT board, elections. Be patient. New editions of the pages are being prepared. The content will be changed by about 80%).