How much do contributions to snt. How not to pay the full cost of the fee in snt if you do not use the services of the partnership

How to deal with non-payment of membership fees in the SNT If the chairman of the SNT does not want to apply to the judiciary with an application against the debtor and wants to settle the matter amicably, then he can send him a letter. It contains a requirement, which states that the debtor must pay off all his debts. Thus, the liquidation of debts will take place without the intervention of the court and will save each of the parties from wasting money and time. Membership and earmarked fees in a horticultural partnership under the new law on the day the new Federal Law on Horticulture and Horticulture comes into force, entrance fees are not returned to citizens.

Membership and earmarked contributions to a horticultural partnership under the new law

Organization of the protection of the territory and ensuring fire safety within its boundaries. 6. Carrying out audits of the partnership. 7. Payment of wages to persons with whom the partnership has concluded employment contracts.
8.

Attention

Organization and holding of general meetings of the members of the partnership, as well as the implementation of the decisions of these meetings. 9. Payment of taxes and fees related to the activities of the partnership, in accordance with the legislation on taxes and fees.


Let's consider another type of contributions - targeted targeted contributions can be directed to: 1. Preparation of documents necessary for the formation of a land plot, which is in state or municipal ownership, in order to further provide such a land plot to the partnership.


2. Preparation of documentation for the planning of the territory in relation to the territory of horticulture or horticulture. 3.

How not to pay snt contributions

Important

How are the membership fees of SNT members calculated legally - from a site or from a hundred? In addition, in accordance with paragraph 2 of Art. 30 of the Constitution of the Russian Federation, no one can be forced to join or stay in any association - that is, membership in the SNT is voluntary. Thus, an individual who is the owner of a land plot located within the boundaries of the association can become a member of a horticultural non-profit partnership.


And if one individual is the owner of several plots, even located in different places of the partnership, then he can still become a member only once. SNT: membership fees without documents Cash must be accepted at the cash desk of a horticultural non-profit association on receipt cash orders signed by a cashier or accountant.

Payment of membership dues

  • Payment of membership dues
  • How to deal with non-payment of membership dues in SNT
  • Membership and earmarked contributions to a horticultural partnership under the new law
    • How are the membership fees of SNT members calculated legally - from a site or from a hundred?
  • SNT: membership fees without documents
  • How much to pay membership fees to the SNT for the owner of two sites?

Payment of membership fees to the snt in the new version of FZ-337 of 07/03/16.

Membership fees to snt law 2018

This is a guarantee of the rights of gardeners from abuse of the governing bodies of the SNT and individuals in the governing bodies of the partnership. Of course, in this article we will not talk about how not to pay garden fees at all, but about how not to pay illegally established earmarked fees, as well as to counteract other abuses in their establishment and collection.

Below, based on our practice, we will consider the most common questions about earmarked contributions. 1. Check what the target contribution is set for? What fees do I have to pay in SNT? The Law on Horticultural Associations2 provides for three types of contributions: entry, membership and target.


Type of payment Purpose Periodicity Entrance fee For organizational expenses for paperwork when joining the SNT (paragraph 6, article 1 of the Law on Horticultural Associations).

Membership fee in snt

And if so, then the recovery of the cost of this share from him will be an unjust enrichment of the remaining members of the SNT, which is illegal (Article 1102 and Clause 1 of Article 1104 of the Civil Code of the Russian Federation). In addition, such a penalty is meaningless from another point of view.
For example, the court exacted 50,000.00 rubles from Ivanov, a former member of the SNT. arrears in targeted contributions for the construction of the road, which means that the court recognized that Ivanov had a share in the joint ownership of the road. In connection with the withdrawal from the SNT, he must be returned the cost of his share on the road, which is usually recognized by the court as equal to the size of the target contribution. That is, the SNT, having recovered from the former member of the SNT the debt on the targeted contribution for the road, must return this contribution to him in connection with the withdrawal from the SNT. It turns out that when leaving the SNT, the obligation to pay the debt on earmarked contributions from such a gardener ceases.

How much to pay membership fees in snt owner of two sites?

Should a new member of the SNT, by purchasing a plot from a former member of the SNT, pay off his debts on contributions? There are cases when, upon joining the SNT, the Chairman requires the new member of the SNT to pay off the debt on special-purpose or membership fees. The debt can be transferred from the debtor to another person on the grounds provided for by law, or by agreement between the former member of the SNT and the new member with the mandatory consent of the SNT to such a transfer of debt (clause 1 of article 392.2, clauses 1 and 2 of article 391 of the Civil Code of the Russian Federation ).

Info

The law does not contain provisions that a new member of the SNT, when acquiring a land plot, transfers the debts of the previous member of the SNT. Therefore, if there is no debt transfer agreement between the old and new CNT member, it is illegal to demand that the new CNT member repay the debt! 5.

Features of the new law on gardening and horticultural partnerships - 2019

Not later than a month before the day of the general meeting of the members of the partnership, at which it is planned to consider the issue of expelling a member of the partnership, the chairman of the partnership sends a warning to this member of the partnership about the inadmissibility of failure to fulfill the obligation to pay contributions, containing recommendations for eliminating the violation of the performance of this obligation, by registered mail with a notice of delivery to the place of residence indicated in the register of members of the partnership and the e-mail address (if any) at which electronic messages can be received by this member of the partnership. Arrears of membership and earmarked contributions, penalties and court costs may be recovered from debtors in court.

BUILDING WITHOUT PERMISSION If you want to build up your s / plot intended for individual housing construction (hereinafter - IZHS), gardening or summer cottages, you need to know in which cases it is required to obtain a building permit, and in which it is not required. How to increase your land? From March 1, 2015, there was a legal opportunity to increase your land plot at the expense of state or municipal lands (land plots) (Article 39.27 - 39.29 of the Land Code of the Russian Federation).

How will the Criminal Code protect equity holders? On May 12, 2016, amendments to the Criminal Code of the Russian Federation came into force, establishing criminal liability for raising funds from citizens for construction in violation of the requirements of the legislation on participation in…

Payment of membership dues in snt under the new law

The procedure for establishing the target contribution and its amount. According to the law, the amount of contributions to the SNT is established exclusively by the general meeting of members of the SNT (clause 10, clause 1, article 21 of the Law on Horticultural Associations). If the target contribution is established by another body, for example, the Board, such a contribution is illegal! In practice, many SNT Statutes delegate the authority to set fees to the Board or the Chair of the SNT. However, according to the Law on Horticultural Associations, this issue falls within the exclusive competence of the general meeting of members of the SNT, therefore, such a provision of the Charter will be invalid, as it contradicts the law (clause 5, article 16 of the Law on Horticultural Associations). In cases in which we protect the rights of gardeners and summer residents, the establishment of a targeted contribution by the SNT Board is the most common reason for refusing to collect debts on targeted contributions. 4.

Payment of membership dues in snt under the new law on gardeners

In cases stipulated by the charter of the partnership, the amount of contributions may differ for individual members of the partnership, if this is due to the different volume of use of common property, depending on the size of the garden or garden land plot and (or) the total size of the area of ​​real estate objects located on such land , or the size of the share in the right of common shared ownership of such a land plot and (or) real estate objects located on it. The amount of contributions is determined on the basis of the income and expenditure estimate of the partnership and the financial and economic justification approved by the general meeting of members of the partnership.
The charter of the partnership may establish the procedure for collecting and the amount of penalties in case of late payment of contributions. In case of non-payment of contributions and penalties, the partnership has the right to recover them in court.

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Who is required to pay a membership fee

The legislation does not prohibit having a plot on the territory of the SNT, but at the same time not being a member of such a partnership. Accordingly, joining a number of gardeners is a voluntary matter, and targeted contributions will be paid only by those who have officially joined the partnership. Moreover, if a person simply owns a plot on the territory of the SNT, then he will not be able to enjoy the benefits of such membership.

Practice shows that a large number of owners are wondering if it is necessary to pay a targeted fee if a person is engaged in individual farming, and the site is only within the territory of the SNT, but does not act as part of it in any way? The law provides for an exact rule in this regard, namely, the absence of the obligation to pay a fee for those persons who are not registered as members of the SNT.

There is also the point of acquiring objects that will be used by all land owners on the territory of the partnership, regardless of whether membership is confirmed or not. In this case, individual gardeners are entitled to participate in financing the arrangement of places for common use, but no one can oblige them to provide money either.

ATTENTION! View the completed sample application for withdrawal from the SNT:

You can not join the SNT

Obtaining membership in the SNT is recognized as a voluntary action on the part of the owner of the land.

The mere fact that the site is located on the territory of the partnership cannot force a person to join the SNT. In addition, persons who have previously registered membership can leave the organization at any time of their own free will.

Can I attend the meeting

Even if a person is not a member of the partnership, but is recognized as the owner of the site on the territory of such, then such a person can freely attend a meeting of members of the SNT, without having the right to vote. In addition, the owner may request accounting and other documents for which the chairman of the SNT cannot ask for an amount greater than that provided for creating copies of papers.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

The procedure for establishing the membership fee and its amount

According to federal law, the size of membership fees for a non-profit organization such as SNT is determined by the decision of all members, that is, by voting. The owners themselves decide how they will form the general budget of the partnership. The establishment of a contribution by other bodies of the subject is not recognized as legal, and therefore does not require payment.

Some Charters of such partnerships contain information that the chairman is entitled to independently establish the contribution. However, this provision of the founding document contradicts the provisions of the law, since it refers the issue of contributions to the competence of the general meeting of members of the SNT. Practice also shows that most of the disputes in this area arise just about the establishment of contributions.

Watch the video. Do I need to join a gardening partnership?

Should a new member of the SNT, by purchasing a plot from a former member of the SNT, pay off his debts on contributions

It is not uncommon for a person, when registering a plot, to find out that the previous owner had arrears in contributions, and as a result, the chairman demands to reimburse the new owner. However, without the consent of the new owner, if there are general grounds for succession (the Civil Code of the Russian Federation), such a requirement will not be considered legal.

Notice! The legislator does not assume the transfer of debt on membership fees to the new owner of the land, regardless of how much debt is set. Without an agreement between the parties, the chairman has no right to make claims to the new owner, just as he has no right to refuse membership.

Is it possible to recover a debt from a gardener who has lost membership in SNT

The meaning of the target contribution for members of the SNT is to acquire ownership of a part of the common areas. That is, gardeners pay for the use of common benefits provided for members of the partnership. When a person loses membership, then the payment of contributions stops, since the person has nothing more to do with SNT, even if he retains ownership of the plot on the territory of the partnership.

The meaning of such sentiments of the legislator is that the contributions are aimed at acquiring a share in the ownership of common property. Without paying contributions, a person does not acquire rights to such property, and accordingly, he will not be able to acquire such property even after he leaves the SNT.

And if you demand money from a person for something that he has not acquired and does not plan, then such actions can be considered as unjust enrichment on the part of the members and the chairman of the SNT.

If the court recognizes that a person must return the debt on contributions, there will be recognition of the property rights of that person to the common property even after leaving the SNT.

Or, after the loss of membership, the person must return the money that was transferred as a debt on the contribution. Accordingly, debt collection is advisable only if the current member of the partnership has one.

What threatens non-payers

As soon as a member of the SNT ceases to pay dues, the chairman is entitled to go to court to recover the debt that has formed. If the statement of claim is satisfied, then the money will be collected from the gardener by force, including through the involvement of bailiffs.

Also, a measure of influence on the debtor may be the exclusion of such a partnership, which occurs by holding a general meeting and voting by all members of the SNT. After such a verdict, the person ceases to be liable for membership fees, but also loses ownership of various infrastructure facilities on the territory of the partnership.

The right to restrict a person's access to public facilities in the SNT of other members, headed by the chairman, is vested in the Federal Law regulating the activities of such partnerships. Accordingly, a person will only have a land plot, and all other benefits and amenities provided for on the territory of the SNT will be inaccessible to the non-payer.

Contact the police with a statement, let them check in accordance with Articles 141,144 of the Code of Criminal Procedure of the Russian Federation. Perhaps they will find signs of a crime

You can also contact the prosecutor's office and tax authorities. If there is no composition, then violations may be revealed and adequate measures will be taken by state bodies.

Also, you should have an audit body in the SNT, hold a general meeting and recommend that it conduct a financial audit of the collection of membership fees.

Criminal Code Article 160. Misappropriation or embezzlement

1. Assignment or embezzlement, that is, the theft of someone else's property entrusted to the guilty person, -

shall be punishable by a fine in the amount up to 120 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to one year, or by compulsory works for a term of up to 240 hours, or by corrective labor for a term of up to six months, or by restraint of liberty for a term of up to two months. years, or by forced labor for a term of up to two years, or by imprisonment for the same term.

2. The same acts committed by a group of persons by prior agreement, as well as causing significant damage to a citizen, -

shall be punishable by a fine in the amount up to 300 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to two years, or by compulsory labor for a term of up to 360 hours, or by corrective labor for a term of up to one year, or by compulsory labor for a term of up to five years. with restriction of freedom for a term of up to one year or without it, or imprisonment for a term of up to five years with restriction of freedom for a term of up to one year or without it.

(as amended by Federal Law No. 420-FZ of 07.12.2011)

(see text in previous edition)

3. The same acts committed by a person using his official position, as well as on a large scale, -

shall be punishable by a fine in the amount of 100 thousand to 500 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to three years, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by forced labor for a term of up to five years with restriction of liberty for a term of up to one and a half years or without it, or imprisonment for a term of up to six years with a fine in the amount of up to ten thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to one month or without it and with restriction of freedom for a period of up to one and a half years or without it.

(as amended by Federal Laws No. 377-FZ of 27.12.2009, No. 26-FZ of 07.03.2011, No. 420-FZ of 07.12.2011)

(see text in previous edition)

4. The deeds provided for by the first, second or third parts of this Article, committed by an organized group or on an especially large scale, -

shall be punishable by deprivation of liberty for a term of up to ten years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.

Federal Law No. 66-FZ of April 15, 1998 (as amended on July 3, 2016) "On horticultural, horticultural and dacha non-profit associations of citizens"

Article 25

1. Control over the financial and economic activities of a horticultural, horticultural or dacha non-profit association, including the activities of its chairman, members of the board and board, is carried out by an audit commission (auditor) elected from among the members of such an association by a general meeting of its members consisting of one or at least three people for a period of two years. The chairman and members of the board, as well as their spouses, parents, children, grandchildren, brothers and sisters (their spouses) cannot be elected to the audit commission (auditor).

The procedure for the work of the audit commission (auditor) and its powers are governed by the regulation on the audit commission (auditor) approved by the general meeting of members of such an association (meeting of authorized persons).

The audit commission (auditor) is accountable to the general meeting of members of such an association. Re-elections of the audit commission (auditor) may be held ahead of time at the request of at least one quarter of the total number of members of such an association.

2. Members of the audit commission (auditor) of a horticultural, horticultural or dacha non-profit association shall be liable for improper performance of the duties provided for by this Federal Law and the charter of such an association.

3. The audit commission (auditor) of a horticultural, horticultural or dacha non-profit association is obliged to:

1) verify the implementation by the board of such an association and the chairman of the board of decisions of general meetings of members of such an association (meetings of authorized persons), the legality of civil law transactions made by the management bodies of such an association, regulatory legal acts regulating the activities of such an association, the state of its property;

2) carry out audits of the financial and economic activities of such an association at least once a year, as well as on the initiative of members of the audit commission (auditor), by decision of the general meeting of members of such an association (meeting of authorized persons) or at the request of one-fifth of the total number of members of such an association or one third of the total number of members of its board;

3) report on the results of the audit to the general meeting of members of such an association (meeting of authorized persons) with the presentation of recommendations on the elimination of identified violations;

4) report to the general meeting of members of such an association (meeting of authorized persons) on all detected violations in the activities of the governing bodies of such an association;

5) exercise control over the timely consideration by the board of such an association and the chairman of this board of applications from members of such an association.

4. Based on the results of the audit, when creating a threat to the interests of a horticultural, horticultural or dacha non-profit association and its members, or if abuses are revealed by members of the board of such an association and the chairman of the board, the audit commission (auditor), within its powers, has the right to convene an extraordinary general meeting of members of such an association.


Since 2019, according to the new law on SNT, the partnership has the right to collect membership fees no more than once a month, and they can only be paid in a non-cash form to a special current account.

Federal Law "On the conduct by citizens of horticulture and horticulture for their own needs and on amendments to certain legislative acts of the Russian Federation" dated July 29, 2017 N 217-FZ (last edition) - comes into force on January 1, 2019.

Changes in the payment of membership fees to SNT that await summer residents from 2019


The latest news in the field of conducting SNT activities in 2019 will also affect the payment of contributions. In Art. 14 it is indicated that contributions are allowed only in 2 options: targeted; membership.

In addition, the following changes are envisaged from the financial side

  • Cancellation of the mandatory entry fee.

  • Independent determination by the partnership of the amount and frequency of the contribution.

  • Receipt for the owners of receipts for the payment of contributions, for which it is necessary to pre-produce forms indicating the full details of the non-profit organization.

  • Strict monitoring of the expenditure of incoming funds only for the possible needs specified in the law.
  • The new law on the activities of the SNT will oblige, from 2019, to pay contributions even to citizens who are not members of the SNT, but are engaged in any kind of gardening or horticulture on its territory. Payments will relate to anything related to the acquisition, use or repair of common property. In case of refusal to pay, it will be possible to collect payments through the court.

    Changes that await summer residents who do not want to join SNT

    Now the payment for the use of infrastructure facilities for them cannot be more than for a member of the partnership. But individuals believe that they should pay much less - only for the use of water, electricity, gas, security and garbage disposal. They do not want to chip in on the salary of the chairman and members of the board.

    Now I have to. Payments will be the same for everyone. But the rights of individuals are expanding. They will be able to participate in general meetings of members of horticultural associations and vote on all issues related to the frequency and amount of contributions. But they still won't be able to choose the board.

    Associations vote on the principle: one owner - one vote. If the site belongs to three citizens, only two of whom are members of the partnership, then when voting on the activities of the SNT, only two will be able to vote from the site, they will have two votes. But on matters of competence of the meeting of owners - three. You can vote in full-time, full-time-correspondence and absentee forms.

    But it is impossible to elect the chairman and the board in absentia, to resolve issues with contributions, with the allocation of land plots, to change the charter, to transfer property to common shared ownership. However, if the quorum at the general meeting on these issues has not met, then you can vote again in person and in absentia.

    Legal advice on the new law on the activities of SNT

    Now representatives can vote for a member of the SNT by proxy, which is certified by the chairman of the partnership. The new law deprives him of that right. Representatives will still be able to vote at general meetings, but only with a power of attorney certified by a notary. Lawyers advise before the entry into force of the new law for a maximum period to certify the power of attorney with the chairman.

    According to the law, summer residents in Russia are now gardeners and gardeners. Previously, associations of dacha owners, gardeners and gardeners could exist in as many as nine organizational forms (including as dacha associations and cooperatives). Now the legislator has provided only two: either a gardening partnership or a gardening partnership.

    Dacha associations are automatically classified as horticultural associations. But, of course, no one will forbid a person to call himself summer residents. Especially in a situation where he does not have a garden or garden plot at all, but just a house in the village, where he comes to relax and does not do any gardening. The new law regulates life only in the territories of horticulture and horticulture, and not in settlements.

    The sequence of actions of the SNT after the entry into force of the new law in 2019


    Since the new law on SNT abolishes a number of forms of non-profit farms, they need to adjust their constituent documents to take into account new legislative requirements.

    So, article 8 of law No. 217-FZ establishes the reflection in the charter of 2019 of the following data on the work of the SNT:


    • names, founders and locations;

    • organizational and legal form;

    • the subject and goals of the activity; management method (powers of individual bodies);

    • conditions for the admission of new members, exclusion or voluntary withdrawal from the ranks of the partnership;

    • rights, obligations and types of responsibility of members;

    • conditions for maintaining the register of members of a non-profit organization;

    • the procedure for paying fees and liability in case of its violation;

    • rules for the formation, list of powers and composition of the audit commission;

    • the procedure for the formation or acquisition of property intended for joint use;

    • options for familiarizing members with any type of information relating to the activities of a legal entity (accounting reports);

    • ways of cooperation with citizens who are not members of the organization, but use the lands belonging to its territory for gardening (horticulture);

    • the procedure for amending the Charter;

    • conditions for the liquidation or reorganization of the partnership; decision-making rules at the general meeting by absentee voting.

    This information determines the rules of operation and individual data of the partnership as a legal entity, therefore, it is important for its normal operation and must be prescribed in its constituent documents without fail so that they are legally valid.

    Hello.

    You have the right to withdraw from the SNT and conclude an agreement with them. To do this, you need to contact the chairman.

    According to Article 8 of the Federal Law of April 15, 1998 N 66-FZ (as amended on July 3, 2016) “On horticultural, horticultural and country non-profit associations of citizens”

    8. Gardening, horticulture or dacha farming on an individual basis


    1. Citizens have the right to conduct gardening, horticulture or dacha farming on an individual basis.
    2. Citizens engaged in horticulture, horticulture or dacha farming on an individual basis on the territory of a horticultural, horticultural or dacha non-profit association shall have the right to use infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association for a fee on the terms of contracts concluded with such an association in writing in the manner determined by the general meeting of members of a horticultural, horticultural or dacha non-profit association.
    In the event of non-payment of the fees established by agreements for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association, on the basis of a decision of the board of such an association or a general meeting of its members, citizens engaged in gardening, horticulture or dacha farming on an individual basis are deprived of the right to use the objects infrastructure and other common property of a horticultural, horticultural or dacha non-profit association. Non-payments for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association are recovered in court.
    Citizens engaged in horticulture, horticulture or dacha farming on an individual basis on the territory of a horticultural, horticultural or dacha non-profit association, may appeal to the court decisions of the board of a horticultural, horticultural or dacha non-profit association or a general meeting of its members refusal to enter into contracts on the use of infrastructure facilities and other common property of such an association.
    The amount of payment for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association for citizens engaged in horticulture, horticulture or dacha farming on an individual basis, provided that they make contributions for the acquisition (creation) of the said property, may not exceed the amount of payment for use of the said property for the members of such an association.

    All illegal decisions of the board of SNT or the general meeting of its members to refuse to conclude agreements on the use of infrastructure facilities of such an association, you can appeal to the court.

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    Resolving the stated requirements, guided by the provisions of Article. 1102 of the Civil Code of the Russian Federation, Article 8 of the Federal Law dated<дата>No. 66-FZ "On horticultural, horticultural and dacha non-profit associations of citizens" (hereinafter - Law No. 66-FZ), taking into account the explanations given in the Review of judicial practice on issues arising when considering cases related to horticultural, horticultural and dacha non-profit associations associations, for 2010-2013 (approved by the Presidium of the Supreme Court of the Russian Federation<дата>), the court of first instance came to a reasonable conclusion that the requirements of the SNT were satisfied, since the need to participate in the costs of the partnership for the maintenance of the infrastructure by a person engaged in gardening on an individual basis is not related to the actual use of such infrastructure by a citizen, at the same time, the occurrence of the corresponding obligation is due only to the facts that the citizen owns the land plot, its location within the boundaries of the garden partnership and the incurring (both actual and planned) expenses for the maintenance of common property by such a partnership.

    *****
    The court of first instance correctly pointed out that the costs of the partnership for the payment of wages, mandatory payments, as well as other costs of the partnership (acquisition of stationery, transportation costs, etc.) are aimed at ensuring the performance of administrative and economic functions by the partnership, are related to the maintenance of common property , in connection with which the requirement to recover unjust enrichment from the defendant in the amount of 9204 rubles was rightfully satisfied by the court.

    There are a lot of such solutions, and in general, while they are uniform, regardless of whether you use infrastructure facilities, you are required to maintain them.

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    Clarification of the client

    Lawyer, Tomsk

    Chat

    Hello! Since you do not use water and other infrastructure of the SNT, you must first apply in writing to the Chairman of the SNT, if there is a refusal on his part, you can appeal in court.

    According to Art. 421 and 445 of the Civil Code of the Russian Federation, legal entities and individual citizens are free to conclude contracts and it is prohibited to force them. If someone does not want to sign the contract, then the other party can go to court and ask to oblige the person to sign the contract. From the moment of entry into force of such a court decision, the contract is considered concluded.


    According to the law on horticultural partnerships, citizens can work individually and they have the right to use, and also have the right not to use the SNT infrastructure facilities for a fee on the terms of agreements adopted in these partnerships. However, the amount of payments from individuals and from members of the partnership must be the same. Hence the conclusion - the conclusion of an agreement on the use of infrastructure facilities of a garden partnership for citizens who work is mandatory by law.

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    Lawyer, Saratov

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    • 9.4 rating
    • expert

    Did I understand correctly that under the new law, I still have to pay for everything? and there is no way to draw up some kind of contract, where there will be a list of certain services with tariffs. If, for example, they do not provide water for half the summer and the electricity is turned off, I can sue gardening, what would these payments be calculated?

    Irina Vladimirovna Shukova

    https://rg.ru/2017/07/30/fz217...
    Article 55


    1. This Federal Law comes into force from January 1, 2019, with the exception of Article 51 of this Federal Law.

    Irina Vladimirovna, this law has not yet entered into force, it is difficult to say which way judicial practice will go, it can still be amended, so it is premature to give advice on it. According to the old law on SNT, taking into account the position of the Supreme Court of the Russian Federation, contributions are required to be paid, regardless of membership and use of the land. If the service is not provided to you, the fact needs to be recorded, and accordingly demand a reduction in the fee, at the same time, you have the right to conclude an agreement on the use of SNT infrastructure facilities (if you are not a member of it), where the fee will be indicated, but the tariff will be the same as everyone else - if it was adopted by the general meeting of SNT, regarding services - here, as you agree, by virtue of Art. 421 of the Civil Code of the Russian Federation - freedom of contract, you can specify any conditions in the contract, there is only the will of the chairman of the SNT, but I draw your attention if any decisions (in terms of tariffs, etc.) are adopted by the general meeting - they will be binding on you and the court will be on the side of SNT.

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    Lawyer, Saratov

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    If, for example, they do not provide water for half the summer and the electricity is turned off, I can sue gardening, what would these payments be calculated?
    So you have to pay? and if gardening does not perform services? ie the new law is not beneficial for individuals?

    Irina Vladimirovna Shukova

    http://www.consultant.ru/docum...
    Article 5

    1. Gardening or horticulture on garden plots or garden plots located within the boundaries of the territory of horticulture or horticulture, without participation in a partnership, may be carried out by the owners or, in the cases established by Part 11 of Article 12 of this Federal Law, by the right holders of garden or garden plots of land, who are not members of the association.
    2. The persons referred to in paragraph 1 of this article shall have the right to use the property of common use located within the boundaries of the territory of horticulture or horticulture, on equal terms and in the amount established for members of the partnership.
    3. The persons specified in part 1 of this article, are obliged to pay a fee for the acquisition, creation, maintenance of common use property, maintenance and overhaul of capital construction objects related to common use property and located within the boundaries of the territory of gardening or horticulture, for the services and work of the partnership for the management of such property in the manner established by this Federal law for the payment of contributions by members of the partnership.
    4. The total annual amount of the fee provided for by Part 3 of this article is set at an amount equal to the total annual size of the target and membership fees of a member of the partnership, calculated in accordance with this Federal Law and the charter of the partnership.

    This is under the new law. But if the service is not provided to you - naturally you should not pay for it: for example, there is no water or electricity - another question is how to fix this. And the payment for the maintenance of property (it was the Claimant who filed claims by virtue of Article 1102 of the Civil Code of the Russian Federation, which provides that a person who, without grounds established by law, other legal acts or a transaction, acquired or saved property (purchaser) at the expense of another person (victim), is obliged return unjustly acquired or saved property (unjust enrichment) to the latter, except for the cases provided for by Article 1109 of this Code. their will.
    During the period of the defendants' membership in SNT "Rus", the common property was erected (built) on membership fees, including the defendant's contributions (roads, driveways, fire reservoirs, turnaround areas and sections of user facilities, including their sanitary protection zones, garbage collection sites, gatehouse, common gate and fence, power lines).
    Since the defendants did not enter into an appropriate agreement with the plaintiff, while using the plaintiff's infrastructure facilities, which, in turn, are not free of charge, an extra-contractual obligation arose on the part of the defendant as a result of unjust enrichment.
    The court correctly proceeded that the defendants, without the grounds established by the transaction, saved property (money), which, according to Art. 1102 of the Civil Code of the Russian Federation are obliged to return.
    The arguments of the appeal of B.L., U. that the court incorrectly assessed the evidence presented, namely, the defendants should not bear the costs of maintaining the common property of SNT Rus, since contracts for the maintenance of infrastructure have not been concluded with them, power lines and a gas pipeline to their plots are not connected, there is no building on U.’s plot, they cannot serve as grounds for canceling a court decision, since, according to clause 2.7 of the Review of Judicial Practice on Issues Arising in Considering Cases Related to Horticultural, Gardening and Dacha Non-Commercial Associations, for 2010 - 2013" (approved by the Presidium of the Supreme Court of the Russian Federation on 02.07.2014) - expenses incurred by a non-profit association for the maintenance of infrastructure and other common property of a horticultural, horticultural or dacha non-profit association in the absence of an agreement with citizens engaged in horticulture, horticulture or dacha farming individually and using the said property are unjustified spruce enrichment of these citizens.

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