Sample agenda for the general meeting. Minutes of the General reporting and election meeting of members of the Horticultural Non-Profit Partnership “Veterok” (SNT “Veterok”)

SNT "Kholshcheviki 1"

Moscow, council premises

St. Kuusinena house 17

PROTOCOL

general reporting and election meeting of members of SNT "Kholshcheviki-1"

Total number of SNT members: 146 people

Participated in the face-to-face part of the meeting: 63 people (including 21 people by proxy)

All those present at the OS were given the following documents: a ballot for voting on the agenda items of the meeting, a report on the implementation of the SNT estimate for the period 2012-2013.

Chairman of the Board of SNT Yu.N. Shemelin informed the audience that, according to the registration sheet, 63 people were ready to take part in the meeting, including 21 people. - by proxy. Taking into account the lack of a quorum at the meeting and based on the provisions of the SNT Charter and Federal Law 66 “On Gardening Partnerships,” I put to a vote the question of holding the meeting in person or in absentia.

Yu.N. Shemelin proposed to elect a chairman (Erokhov A.D.) and a secretary (Korneeva E.S.) to conduct the meeting. The proposal is accepted by a majority vote. (4 votes against).

Chairman of meeting Erokhov A.D. opened the meeting and proposed to elect a counting commission consisting of 3 people. The proposal is adopted unanimously. Zemlerub L.V. proposed to elect V.S. Gerasimenko to the counting commission. and Filin N.K. Ustinov V.A. by way of self-nomination, he proposed his candidacy for membership in the counting commission. There were no other offers. The question of the composition of the counting commission was put to a vote. The commission is elected unanimously.

Chairman of meeting Erokhov A.D. informed the audience of the following agenda proposed by the SNT board.

1. Report of the Chairman of the Board of SNT Shemelin Yu.N. on the work of the board for the reporting period.
2. Report of the accountant of SNT Zemlerub L.V. on the implementation of the estimate and the financial position of SNT.
3. About the draft “Internal Regulations of SNT” (Artamonov V.A.)

The agenda of the meeting is adopted unanimously.

1. 1. Report of the Chairman of the Board.

1. The main goal of the year’s work and ways to achieve them, what has been done:

The main goal of the board’s work was to restore the trust of gardeners to the governing bodies of the partnership; without trust it is impossible to work

By what means?

Work within the framework of decisions of general meetings and the board, collegiality in decision-making on the board (3 meetings were held during the year, today is the 4th, 9 board meetings)

Creation of transparent and accessible accounting reports for all,

Creation of an office dossier on paper and a public location for its location,

Regular notification of gardeners about all decisions at 3 stands,

Constant work on the case of Shatinina G.A. with the prosecutor's office and the Ministry of Internal Affairs

Temporary “repayment” of the debt to the gardeners by reducing membership fees, without waiting for Shatinina’s possible payment of her possible debt to the gardeners

We feel a certain increase in confidence, which was expressed, in particular, in the timely payment of membership fees and debts by the majority of gardeners. Only 7 marginalized people continue to behave antisocially in this sense. The list is at the meeting stand. Our meetings and meetings, in particular this meeting, should also show whether there is a shift here. We hope. We wish the new composition of the board to continue to win your trust with their work and reporting, including the trust of the “distrustful”.

2. The second task was the development of a project for a promising system for managing the SNT economy, its maintenance and development. The main elements of this system are formulated in the main provisions of the Regulations, a document that the board approved at its meeting on March 18 and which it proposes to adopt at this meeting. The adoption of this document allows us, without making additions and changes to the SNT Charter, to legitimize at our level many procedures that always require general consent (meeting decisions). And this became possible thanks to our legislators, who, understanding the complexity and diversity of the conditions of different SNTs, in April 2013 adopted amendments to Federal Law 66 “On Garden Partnerships,” which directly stated that the meeting “has the right to make decisions on any issues of the partnership’s activities.”

What are these provisions?

About the structure of the estimate (let us clarify: membership fees and target fees) and fix this in the Regulations of our SNT (until the target funds are collected and the project is approved at the meeting, do not start!

About sanctions for non-payments (so that there are no problems in court)

About the in-person and correspondence form of holding meetings (life dictates)

About the manager (or management company) - this is possible and may. close perspective, look around.....

About the membership of relatives in SNT (why disable an initiative person?), 2 options.

Power of attorney or decision of the meeting (remember the legislator..)

About working with the SNT website (a legal entity, not an individual).

On the status of a non-member, an individual (the agreement is dictated by the SNT, not the individual)

WE BELIEVE that if these provisions are adopted, it will be easier for the new board and especially the NEW chairman of the board chosen from among its members to work.

3. The third task, which we are just approaching, although some first steps towards this have been taken, is a long-term plan for the development of elements of the infrastructure and ecology of our SNT.

Is it worth asking such a question? Maybe not? They say it goes as it goes, we will patch holes, repair what is already broken, etc. This is a dead end. To the individual costs of each or to cheap sales of plots. To the decay of the environment, desolation.

What's against this passive approach? And why should you get active? It is high time

1/ Land in the area of ​​the New Jerusalem Monastery will only become more expensive, and investments in real estate have been and will remain the best form of saving money and effort, the best inheritance for children and grandchildren.

2/ Investments in personal real estate not accompanied by investments in surrounding infrastructure elements, including natural elements (forests, reservoirs) tend to depreciate.

3/ Limited resources (roughly speaking, you don’t have much money for such development).

4/ The neglect and futility of the main current elements of infrastructure: energy and water supply.

What are our offers?

Long-term plan. In your arms. Seems impossible. Maybe due to timing.

But without implementing it tomorrow or the day after tomorrow, there is no point in SNT. Why have we united? And what is our advantage, derived from the disadvantage? And the fact is that there are many of us relatively. 156 plots. It's difficult to agree. YES. It is difficult to completely do without marginalized people, people who essentially place themselves outside the collective. God and conscience are their judge. But there are already relatively few of them and there will be even fewer when they see the work and understand that no one is going to deceive them. And we have a significant advantage. What is our advantage? The point is that there are many of us. THOSE. In each development project, the target contribution of adequate owners is multiplied by 156 or 140 at least. This is our advantage.

Have we started implementing this plan in the reporting year? Yes, we have started. In fact, spontaneously, in the course of work, they created a commission on energy: I, Artamonov, Kvyatkovskaya, Erokhov, Zemlerub, Mozgina. This is the most expensive element of our infrastructure and the most backward.

1. 1. Energy

Taking into account the fact that the personal funds of gardeners are limited by definition and also because they can be spent on other things, including our common ones (water, gasification, etc.), the board at the beginning proposed a way to transfer the entire electrical network to the balance sheet of MOESK SNT, including high-voltage and distribution. This would save us:

From the constant risk of power line owners,

From future costs for overhaul of power lines,

From our monthly payment 15-18% of the bill (up to 20 thousand/rub per month), losses,

From the need, soon, a simply required target contribution of at least 7 thousand rubles. to replace outdated wires with self-supporting insulated wires.

And we could, by transferring our entire energy structure to MOESK, demand an increase in power without the cost of replacing a transformer.

The negative point for the owners in this project is our and each owner’s obligation to provide a legal and physical easement. We have started a survey. 80 people agreed with this easement. But then opinions were divided, including on the board; the Republic of Kazakhstan also opposed it, and MOESK needed 100% consent, so the survey and all work in this area were stopped.

In parallel with this work with MOESK and regardless of the first direction (these are different things and have nothing to do with the easement), in order to reduce our costs, we tried, following the example of neighboring SNT, to switch to a “rural” tariff from the current “general” when paying for electricity. It turned out that this is possible by concluding individual MES agreements with each gardener. At the same time, we hoped at stage 1 (as we were told in November) that in order to receive this rural tariff of 2.81 rubles/kWh, it would be enough to provide the right to land. However, as of January 1, 2014, this situation has changed. Now, to receive such a tariff, you must provide a certificate of registration of ownership of the building. If not, then 4.01 rubles/kWh. It should be noted here that if we had not previously created, thanks to the work of the previous board, an ASKUE (remote reading) system, we would not have been able to raise such a question and would not have received such tariffs and individual contracts as we got it now. So it was the right decision of the previous board.

So far, only 37 gardeners have formalized their contracts with MES and now pay for electricity directly, bypassing our accounting department. Thus, we have formed a procedure for paying for electricity, which consists of the fact that “individuals” pay differently at 2.81 and 4.01, and the rest, as before, at 4.07 rubles/kWh, i.e. losses are included. For individuals, MES takes on losses.

The preparation of the 2nd package of documents continues. Even today, if anyone is ready, after the meeting we are ready to process your applications.

This is how things stand for now.

What do we ultimately need in terms of energy?

1. Remove at least the high-voltage power line from our balance sheet.
2. Achieve increased power.

With that said, the new board must decide to move forward with one or a combination of the following options:

1. Try to unbalance the high-voltage power line along with the transformer. For the rest, leave everything as is for now. Taking into account the fact that we are in the process of individualizing contractual relations with MES, try to raise the issue of replacing the transformer with a 2 kW one based on the provisions of the “Law on Energy in the Russian Federation”.
2. We must radically resolve the issue of significant modernization of the entire energy sector, namely: install 72 new supports along the road (to avoid an easement), switch the power supply to the areas from old to new supports, and then transfer the entire network to the balance of MOESK.
3. Nothing to do. Leave everything as it is, continue the individualization process and then raise the question of increasing the power, either at the expense of MOESK (if it is possible to remove the transformer from the balance sheet), or purchase your own transformer, change the wires to SIP to reduce losses.
4. Still, go for the transfer of the entire network to the balance of MOESK, agree with the easements and demand an increase in capacity.

Options 1 and 4 do not require any costs. 2 and 3 will require some targeted contributions.

1. Second element of infrastructure: summer water supply.

It consists of 3 elements: the well itself and the pump, the control unit and the water tower.

The well was repaired and cleaned (for the first time in 45 years) with a depth of 3.6 meters. Water analysis done. Normal water. A little harsh.

The control unit is open to all winds and terrorists. We urgently need to build a shed with a door and a lock for shelter. The board believes that this should be done first.

The water tower needs to be painted. For all this, provide and calculate target funds.

And third: we need to resolve the issue of approaching the tower. It's not a good idea to bother people every time.

1. 3. Roads.

The first thing you need is to find out officially from the Kostrovskaya administration and the road service whose it is (i.e. the main road is 3.4 km long. Along the entire SNT.) And are there plans for its repair? And when? An official letter. If the answer is negative, either completely or in terms of timing, make a decision.

Start with cuvettes. It can be done in stages, over 2 or 3 years with targeted contributions. There will be ditches - less will have to be spent on patching holes.

As for the entrance road, since we have it on our balance sheet, we think it should be ditched first and a good pothole repair should be carried out.

It would not be amiss to keep up with the times and install an automatic barrier at the main entrance to SNT.

1. 4. Staff only.

We have already had to respond to criticism of the board for the decision to purchase a log house (39 thousand rubles with delivery) and installation under the roof, plus a foundation (138 thousand rubles). Total 176 thousand rubles. You will also need about 100 thousand rubles. for commissioning of the 1st floor.

Let me remind you: 1/ The board made this decision because it turned out to be quite profitable commercially. 2/ This is an investment after all, and not patching holes in the asphalt. 3/ The duty car is unlikely to last long. (the roof is leaking in the kitchen, the firebox in severe frost, although this year it worked out, may not be safe. 3/ If the new board decides to sell it, then a buyer will be found. 4/ The most important thing: if the board agrees with the proposal to hire a Manager with year-round residence in this room, then this is his year-round home. And of course, our office is year-round. 5/ Investments were made without a target contribution. Economical. Some of the materials were supplied from the warehouse of the Kuusinana 9 HOA free of charge. The windows were sold for 3 thousand rubles (in fact donated) to S.Yu. Kotov, our gardener, one door was donated by Lyudmila Vasilievna Zemlerub.). If he gives away anything else or sells it cheap, it’s all ours, it won’t go anywhere...

1. 5. Ecology.

Maybe this is more important than infrastructure. The forest is dying. The consequences of the actions of the bark beetle can be negative for fruit trees and plantings. There is nothing good in logging, rot... There is a fundamental agreement with the foresters that we can, in agreement with them, clear the forest opposite each of our sites, just as they do this, storing up for subsequent removal everything that litters the forest. The second is reservoirs. It’s an expensive business, but worth it, if you involve specialists, you can try it. Third – removal of garbage, solid waste and waste materials. Here we are at the flag. We must be prepared for the fact that they may be denied linear removal.. Request to gardeners: treat this issue with understanding, do not litter the roadsides of the KGM, cut it up, if possible, dispose of it on the spot, do not throw away kitchen scraps, so that dogs do not carry the garbage...

There were questions regarding the impact of power lines on health. It is possible to measure the electromagnetic field, for example, at 3-4 unfavorable points (locations). The offer of a company specializing in such measurements is 18 thousand rubles.

And finally, there is a special, apparently urgent requirement: strictly observe fire safety measures. There will be little snow in the winter and a dry summer is likely ahead. It may be necessary to take some measures at the request of the fire services. Expensive. It will be necessary to include them in the draft estimate.

These are all the recommendations of the board, which will have to be considered by its new composition to develop a/ a long-term plan for 5 years, for example, and b/ a specific plan with numbers for 2014. In order to approve both plans at the next meeting.

1. We report to the meeting about what we have done in response to your numerous statements about bringing G.A. Shatinina to justice.

Repeatedly during 2013, attempts were made to bring her to criminal responsibility. On April 11, 2013, G.A. Shatinina, together with her accomplice-lawyer, falsified (and possibly used somehow certified copies) the constituent documents and took away from us the right to manage and dispose of the SNT account, which then contained 156 thousand rubles. We responded promptly, were able to prove this fraud to the Registration Chamber and Sberbank, returned our rights and on May 10 unanimously expelled G.A. Shatinina. from SNT. Believing that this latest crime of hers against the rule of law could convince law enforcement agencies, coupled with her past “arbitrariness,” to open a criminal case against her, we contacted the Main Directorate of the Ministry of Internal Affairs for the Moscow Region in the Organized Crime Control Department (I read out the letter) and received the following answer. (reading the answer). The conclusion we are being pushed to is a civil trial. The task of the new board: to decide on a trial with Shatinina, which, unfortunately, will be associated with some costs.

1. Last but not least important.

This is a thank you to our comrades who worked on the board during the reporting period. On October 8, 2012, when the board asked me to become chairman, the board members assured me that they would provide me, an old man, with all the necessary help. They kept their word in accordance with the public duties assigned to them. Special words of gratitude to Elena Vyacheslavovna Korneeva and her husband Nikolai Aleksandrovich Korneev, (water supply, roads) Lyudmila Vasilyevna Zemlerub, who quickly mastered accounting and not only that, Alexander Dmitrievich Erokhov, who clearly monitors and publishes the readings of your electricity meters, Alexander Dmitrievich Guzeev ( construction of office premises), Valery Nikolaevich Shlakanev, who generously shared his knowledge and experience with us, Marina Veliorovna Mozgina, secretary of the board.

1. 2. Report on the execution of the estimate

Accountant Zemlerub L.V. presented to the meeting the income and expense sections of the estimate line by article:

Answered questions. She reported that despite the measures taken, the debt on contributions and payments for electricity has already exceeded 200 thousand rubles, i.e. more than 20% of estimated costs. And this is all because of a group of 13 people who do not pay, citing allegedly “dishonest” machinations of the board, theft, etc. etc., which is a lie and a gross distortion of facts. And all just to avoid paying, hiding behind such unfounded accusations, accompanied by insults, in particular from the Chairman of the Republic of Kazakhstan O.A. Gubareva. , who didn’t even show up to the meeting. Obviously because she would be ashamed to stand here in front of the people who are actually paying for her, because... her debt for electricity reached 35 thousand rubles. Exactly the amount that we have to pay Mosenergosbyt for April...

1. 3. Conclusion of the audit commission.

Member of the Republic of Kazakhstan Grishko A.A., who spoke on this issue. he did not present the commission’s conclusion and did not present the text of his speech to the secretary of the meeting, in which he noted that this year’s financial report was better than last year’s, but it did not satisfy the Republic of Kazakhstan. Of the specific comments he made, he pointed out the absence of the construction of a new office building in the approved work plan for 2013. He made no other comments on the accountant’s report, citing a lack of time to study it in detail.

1. 4. About the draft “Internal Regulations of SNT.”

A.V. Artamonov, a member of the SNT (by proxy), made a presentation on this issue. elaborated on the main provisions of the regulations, which are proposed to be approved at the meeting:

1. Partnership funds.

Sources of cash receipts for the formation of the annual estimate of income and expenses of the partnership are membership, entrance and target fees. The financial and economic reporting year of SNT coincides with the calendar year. From membership fees, expenses for management, ongoing maintenance and routine repairs of SNT infrastructure elements are made and subject to reporting. Financing of capital investments in the creation of new infrastructure elements and/or their capital repairs is carried out through targeted contributions.

1. Conducting meetings of members of the partnership.

If there is no quorum of the members of the partnership and their authorized representatives at the meeting, those present may decide to continue the meeting in absentia by handing, if possible, voting ballots on the issues on the agenda of the meeting to all members of the SNT and their representatives who are absent from the meeting. In this case, the deadline for collecting all voting ballots and the date for announcing the voting results and the end of the meeting is approved.

1. About membership in the partnership.

In addition to the provisions of the Charter, their direct relatives (husband, wife, children) can be elected as members of the partnership (on the basis of fixed-term or perpetual powers of attorney from members of the SNT-owners of the plots), vesting them with voting rights at meetings and the right to be elected to the board and audit commission. Such rights, however, cannot be granted to persons elected as chairman of the board and chairman of the audit commission.

1. About the personnel hired by the SNT board.

To carry out executive functions for routine maintenance and repairs

Elements of SNT infrastructure, control over the execution of prisoners on behalf of SNT

According to the agreements, the board is allowed to hire a manager (management organization).

1. About the SNT website and email.

The structure and content of sections of the SNT website are determined and controlled by the SNT board. Login and passwords for the SNT website and email This email address is being protected from spambots. You must have JavaScript enabled to view it. is the intellectual property of SNT and is transferred under the Act when the composition of the board changes.

Answered questions from those present at the meeting (Nikonova A.V., Filina N.K., Volodina I.S. Most of those who spoke on this issue expressed doubts about the advisability of hiring a manager, there were also proposals to finalize the power of attorney mechanism for the closest relatives of a member of the SNT for the possibility of using them at work in the governing bodies of the board. Concluding the discussion, Artamonov A.V. proposed, after voting on the main points of the regulations, to post its text on the website and open a wide discussion in order to take into account all comments and suggestions and approve the regulations as a document that is aimed at improving SNT business management systems.

1. 5. Election of new board members.

Shemelin Yu.N. read the minutes of the board meeting dated March 18, 2014, in which the candidates proposed by the board for inclusion in its new composition were approved: Guzeev A.D., Korneeva E.S. (by proxy), Zemlerub L.V., Kotov S.Yu., Mozgina M.V. and Nazvanov K.A.

He proposed to maintain the total number of board members: 7 people and called on those gathered to make proposals for possible other candidates. The question of the size of the board was put to a vote. The quantitative composition was unanimously approved: 7 people.

Chairman of the meeting Erokhov A.D. proposed to include Yu.N. Shemelin in the list of candidates for the board. Proposal of Erokhov A.D. put to vote. For: 38 people, 2 against, 2 abstained.

Yu.N. Shemelin asked to speak and thanked those present for their trust. He said that he would not recuse himself and that he was ready to work on the board if, as a result of the voting, his candidacy was approved by the majority. As for continuing to serve on the new board as chairman, this will depend on the decision of his family, taking into account a number of recent circumstances.

There were no other proposals for candidates for the new board. A list of candidates totaling 7 people is approved for inclusion in the ballot papers.

This concludes the agenda of the meeting and the chairman of the meeting declares the meeting over and asks those gathered to hand over the voting ballots to the counting commission.

Chairman of the meeting Erokhov A.D. proposed to complete the collection of voting ballots no later than June 1 and, after counting the votes, to announce the decisions made by the meeting at the information stand and on the SNT website.

The proposal is adopted unanimously by all present.

Chairman of the meeting A.D. Erokhov

Secretary of the meeting E.S. Korneeva

Minutes of the meeting of the counting commission

The Counting Commission received the collected voting ballots of the owners of the premises in the amount of 83 (eighty-three)) ballots signed personally and on behalf of 83 members of the partnership, which is 55% of the total number of SNT members and plot owners. All 83 voting ballots were recognized as valid. The commission processed the voting ballots on all points of the draft meeting decision. The voting results are as follows: (in%)

Chairman of the Counting Commission V.N. Ustinov

Members of the counting commission: (Filina N.K.), (Gerasimenko V.S.)

Forms of holding meetings

From the content of Law No. 66-FZ of April 15, 1998, it follows that in a gardening non-profit partnership it is possible to hold general meetings in the form of a meeting of members or a meeting of authorized representatives. In addition, the law allows issues on the meeting agenda to be resolved by submitting them to an absentee vote. The law also provides for an “emergency” option - an extraordinary general meeting, which can also be held both in person and in absentia, since there is no indication to the contrary in the law. Thus, there seem to be only six forms of holding general meetings: an in-person general meeting of members; absentee general meeting of members; in-person meeting of authorized representatives; absentee meeting of authorized representatives; in-person extraordinary general meeting; absentee extraordinary general meeting.

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

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

It is necessary to note that a meeting in SNT is always a general meeting. I have come across more than once on the Internet, and they also send me various types of "Regulations...", the main goal of which is an attempt to legitimize in the gardening partnership as the highest governing body a narrow group of citizens who have stood out from the entire mass of gardeners, mainly on the basis of property. I mean the notorious "owners of electricity", "power line shareholders" and the like. According to Article 21 clause 1 clause 10 No. 66-FZ dated 04/15/1998 making decisions on the creation and use of property falls within the exclusive competence of the general meeting, from which it follows that the resolution of property issues cannot be transferred from the competence of the general meeting to the competence of another group of persons.

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

Dmitry Okhapkin, 2010-2013

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

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

But the laws of nature are harsh and unfair. This is clearly manifested during the fateful event of the year of any summer resident, which is called - Meeting of members of the SNT partnership. This is what we will talk about here today.

The main problems faced by the SNT management during the meeting are:

• Quorum
• Vote counting
• Shadow leaders

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

SNT meeting quorum

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

Law “On gardening, gardening and dacha non-profit associations of citizens” No. 66-FZ of April 15, 1998, art. 21, paragraph 2, paragraph 7 reads:

A general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) is valid if more than fifty percent of the members of such an association and no less than fifty percent of authorized representatives are present at the said meeting.

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

66-FZ of April 15, 1998 clearly states the requirements that must be taken into account when working with authorized persons (see Chapter V of Federal Law-66 of April 15, 1998, Article 20, paragraph 2). The most appropriate thing for a partnership is to develop a separate “Regulation on Commissioners”, which provides, among others, for the procedure for recalling commissioners and monitoring the members of the partnership who elected them over their activities (voting and decision-making). This problem is easily solved by the rule of law, i.e. the right of any member of the SNT to attend the general meeting of authorized representatives with an advisory vote. Those. before the meeting makes a decision, no one is prohibited from speaking, proposing, discussing, etc. any item on the agenda.

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

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

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

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

So, the board, having completed all the preparatory activities, set a date for the general meeting. At the appointed time, the gardeners came to the meeting. Any normal board of directors begins a meeting with a registration procedure, during which it is determined whether a quorum has been assembled or not.

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

The assembled members of the SNT have the right to hold a meeting and the right to make decisions at it. In other words, the general meeting can discuss the agenda and make a decision on it. This decision will be valid and binding for all members of the SNT and individual gardeners (if this concerns them), subject to the adoption of decisions that do not contradict the legislation of the Russian Federation, Federal Law-66 of April 15, 1998, the Charter of the SNT - this is also a norm of Law No. 66 -FZ.

There is no quorum: i.e. SNT members who came to the meeting are 50% or less of the total number in the partnership.

It follows from this that the assembled members of the SNT do not have the right to hold a general meeting, and therefore do not have the right to make any decision other than the decision: to go home.

All decisions of the meeting are made by open voting, when SNT members vote by show of hands. The main problem here consists of two points:

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

A solution to this problem could be the simple introduction of voting cards, which are issued to each SNT member upon registration on the list before the start of the meeting. Upon registration, each SNT member receives a set of cards in three colors:

• red - with an inscription against
• white - with the inscription for
• yellow - with the inscription abstain

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

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

A deceased member of the SNT is automatically deprived of his membership, and therefore the right to vote. In this case, the Charter should also regulate the rule according to which deprivation of property rights is the basis for automatic loss of membership in the SNT (Article 18 of the Federal Law-66 “Membership in a horticultural, gardening or dacha non-profit association”).

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

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

When registering representatives of SNT members who have arrived at the meeting, you should always check the date of issue of such a power of attorney and, accordingly, do not recognize those powers of attorney that do not have an issue date or which have expired.

Shadow leaders

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

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

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

What to do? How to maintain the interest of the majority and achieve your goals?

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

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

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

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

Article 20 of Federal Law No. 66-FZ dated April 15, 1998 establishes that the supreme body of a horticultural non-profit partnership is the general meeting of members of such a partnership. We will figure out how to organize and conduct it and also provide a sample protocol of the general meeting of SNT members.

Questions of the general meeting

It addresses the following issues:

• any changes to the charter;
• admission and exclusion;
• elections of the board, chairman (if established by the charter), audit and other commissions;
• organization of funds, joining associations;
• approval of internal regulations;
• issues of reorganization or liquidation;
• formation and use of property;
• establishing the amount of penalties for late payment of contributions, changing the deadlines for making contributions by low-income participants;
• approval of the income and expense estimate;
• consideration of complaints against decisions and actions of the board, chairman, commissions and funds;
• approval of reports of the board, commissions, funds;
• encouragement of boards, commissions, funds;
• acquisition of a land plot related to public property into ownership;
• approval of lists of participants;
• distribution of formed or being formed land plots;
• approval of the territory planning project and (or) territory surveying project.

In what form can it be carried out?

It can be held either in the form of joint presence of all members, or in the form of a meeting of authorized representatives.

For it to be valid, it is necessary that at least 50% of the total number of SNT participants be present. This problem can be solved if each of those who cannot attend issues a power of attorney to participate and vote on his behalf.

Such a power of attorney must be certified by the chairman. It can be issued, including in the name of another participant, who in this case will take part and vote both on his own behalf and on behalf of the principal.

The situation is simpler if a meeting of authorized representatives is held. Commissioners are elected from among the members of the SNT, and they cannot delegate their powers to other persons. Commissioners are elected if the charter of the SNT allows a meeting to be held in this way, and it establishes the following provisions:

• the number of participants from whom one representative is elected;
• term of office of the commissioner;
• the procedure for electing commissioners (by open voting or secret voting using ballots);
• possibility of early re-election.

Such a meeting has the right to consider any issues regarding the activities of the SNT and make decisions on them.

Sample power of attorney

How to convene

The Board convenes meetings as necessary, but not less than once a year. An extraordinary one is carried out by decision of the board, the request of the audit commission (auditor), as well as at the proposal of a local government body or at least one fifth of the total number of participants.

The board, having received a request or proposal to hold an extraordinary event, is obliged to consider it within seven days and decide whether to hold it or refuse. The audit commission (auditor), SNT participants, and local government bodies can appeal the refusal in court.

If the issue concerns the early termination of the powers of the chairman of the board or the early re-election of members of the board, then the meeting can be held without approval. The main thing is that the procedure for notifying the event is followed.

How to vote

The chairman is elected by a simple majority of votes of those present.

Decisions taken by a two-thirds majority:

• on amendments to the charter and additions to it or on approval of a new edition;
• about exclusion;
• on the liquidation or reorganization of SNT, the appointment of a liquidation commission and the approval of interim and final liquidation balance sheets.

Other decisions are made by a simple majority of votes.

Minutes of the general meeting of SNT members

The decisions made are documented in minutes and brought to the attention of all participants by the board within 7 days. You can download a sample minutes of the SNT general meeting below.