Contributions to a gardening association for a plot. How to deal with non-payment of membership fees in SNT
This brochure is compiled from frequently asked questions that we encounter at numerous gardening conferences and legal services.
I want to warn you right away: gardeners do not agree with all the answers; they argue with many and consider the current situation unfair. The fact is that we consider controversial situations not from the point of view of justice, but from the point of view of legality. The laws, however, today are so imperfect and so inconsistent with each other that gardeners find themselves outside the legal framework. The state is trying to shift the solution to almost all problems of gardeners, be it the implementation of the “dacha amnesty” or compliance with fire safety requirements, onto the shoulders of the gardeners themselves! To requests for help, officials almost always answer: “Collect money and do it”... And it’s a completely cannibalistic practice to impose all sorts of fines on gardening associations for “failure to comply with norms and rules”...
Alas, while normal legislative work in our sphere is everywhere being replaced by imitation and talking shop, and if any legislative acts slip through, they, as a rule, lead to a worsening of the situation and the emergence of new problems. An example of this is another simplification of the “dacha amnesty” adopted before the last State Duma elections. The result is massive boundary disputes between neighbors. A boundary conflict in judicial practice is the most difficult (and expensive!) case to resolve; it can drag on for decades!
Dear gardeners, today we can only rely on ourselves, so we must learn to protect ourselves. Let's work together to resist the illegal demands of officials, raiders, and all kinds of politicians who are trying to use us for their own selfish purposes...
And our main weapon in this will be legal knowledge. When you know even bad laws well, you have a chance to defend your rights and achieve justice!
Your Andrey Tumanov,
Chairman of the Council of the Moscow Union of Gardeners,
editor-in-chief of the newspaper “Your 6 Acres”.
1. What is SNT?
Answer: SNT is a horticultural non-profit partnership, a non-profit organization established by citizens on a voluntary basis to assist its members in solving general social and economic problems of gardening. An association can also be created in the form of a non-profit partnership and a consumer cooperative.
2. If I have a garden plot, should I build something there or can I just plant a garden?
Answer: in accordance with Art. 1 of the Federal Law “On gardening, gardening and dacha non-profit associations of citizens” No. 66-FZ of April 15, 1998 (hereinafter referred to as the law on gardeners), garden land is provided to citizens for growing fruit, berries, vegetables, melons or other crops and potatoes , as well as for recreation (with the right to erect residential buildings and utility buildings and structures). Thus, to achieve the goal of using a garden plot, it is enough to develop the land - plant a garden, plant a vegetable garden. The presence of buildings is not mandatory. On a summer cottage, the construction of a residential building or residential building is a top priority.
3. Many years ago I was given a garden plot, now a building has been erected there. Why can’t I register this plot of land as my property?
Answer: Most garden plots were provided on a lease basis or on a temporary use basis in order, firstly, to give citizens the opportunity to grow the food they needed to survive, and secondly, to quickly and without compensation for the cost of property withdraw the land after harvesting. Currently, some of these sites are owned by the Russian Federation and are not subject to privatization. They can be rented. If the garden plot has been built up, then the structure may be in accordance with Art. 222 of the Civil Code of the Russian Federation is recognized as an unauthorized construction and, by a court decision, can be demolished at the expense of the person who built it.
4. If the partnership is non-profit, does this mean that I do not have to pay fees?
Answer: Non-profit organizations are organizations that do not have profit as the main purpose of their activities, but this does not mean that non-profit organizations do not carry out any economic activities. The activities of the SNT are aimed at meeting the needs of members for energy supply, water supply, and so on, and contributions are collected precisely to achieve these goals.
5. Is it possible to plant coniferous and deciduous trees instead of fruit trees?
Answer: on a garden and dacha plot there is no provision for planting non-fruit trees, and on a garden plot there is no provision for planting any trees or shrubs at all.
6. Should SNT contain the territory adjacent to the external borders (behind a common fence)?
Answer: The answer to this question is contained in the acts of the local government authorities in whose territory the association is located.
7. What taxes should I pay if I have a plot in SNT?
Answer: in accordance with Art. 2 of the Law of the Russian Federation of December 9, 1991
No. 2003-1 “On taxes on property of individuals”, the object of taxation is a residential building, apartment, room, cottage, garage, other building, premises and structures, as well as a share in the common ownership of this property. Heroes of the Soviet Union and Heroes of the Russian Federation, as well as persons awarded the Order of Glory of three degrees, disabled people of groups I and II, disabled since childhood, participants in the Civil and Great Patriotic Wars and some other categories of citizens are exempt from paying property taxes.
The tax on buildings, premises and structures is not paid for residential buildings with a living area of up to 50 square meters and outbuildings and structures with a total area of up to 50 square meters located on plots in gardening and dacha non-profit associations of citizens. In addition, in accordance with Ch. 31 “Local taxes” of the Tax Code of the Russian Federation, the object of taxation is land plots that are under the right of ownership, lifelong inheritable possession and permanent perpetual use. No one is exempt from paying land tax, however, regulatory legal acts of representative bodies of municipalities may establish tax benefits, grounds and procedures for their application.
Thus, a citizen must pay tax on the property he owns, and it is also necessary to remember that membership fees include the tax on public property of the SNT.
8. Is the garden plot inherited?
Answer: a garden plot of land is inherited along with the rest of the property of the deceased. Membership is not inherited, as it is a personal non-property right.
9. Is it possible to sell a garden plot?
Answer: the owner has the right to dispose of his property at his own discretion, including selling, donating, mortgaging. A contract for the purchase and sale of real estate can be drawn up in simple written form, must contain all essential conditions (object, price, etc.) and is subject to mandatory state registration in the department of the Federal Service for State Registration, Cadastre and Cartography.
The buyer's right to a land plot arises from the moment of state registration.
10. What should the SNT infrastructure be like? Is it necessary to conduct electricity?
Answer: the issue of creating the infrastructure of the association is the exclusive competence of the general meeting of members (meeting of authorized representatives) of the SNT. If the majority of members do not want to create any infrastructure facility, then no one can oblige them to make contributions for the creation of such facilities.
However, this provision does not apply to the necessary objects of engineering infrastructure - a fire pond, for example, or motor pumps - they must always be there, regardless of the decision of the general meeting of members.
11. Who sets the amount of the annual contribution?
Answer: establishing the amount of contributions falls within the exclusive competence of the general meeting of members (meeting of authorized representatives) of SNT.
12. Am I eligible to register for my garden house?
Answer: resolutions of the Constitutional Court of the Russian Federation dated June 30, 2011 No. 13-P and April 14, 2008 No. 7-P, paragraph two of Art. 1 of the Law on Gardeners is recognized as inconsistent with the Constitution of the Russian Federation in the part in which it excludes the possibility of registration of citizens at the place of residence in residential buildings owned by them, which are suitable for permanent residence and are located on garden land plots classified as agricultural lands and lands of populated areas.
Thus, the theoretical possibility of registration in a residential building (this is what a garden house is called from the point of view of the law) exists, however, the process of implementing this right is complex and is currently not streamlined.
“At the same time, owners of such land plots (garden plots located on agricultural lands) should take into account that registration at the place of residence in residential buildings located on them suitable for permanent residence does not lead to the acquisition of the status of a populated area by the corresponding territory and, therefore, does not impose responsibilities on public authorities for its improvement, creation and maintenance of communal, transport and other infrastructures, with the exception of resolving issues directly related to the implementation of fundamental rights and freedoms of man and citizen. Therefore, when choosing as a place of residence a residential building located on a land plot classified as agricultural land, citizens must consciously accept those possible inconveniences that are a consequence of living outside the territory of populated areas.”
13. The amount of the membership fee - who sets it, what are the deadlines for payment?
Answer: The amount of the membership fee is established by a decision of the general meeting of members (meeting of authorized persons) of SNT, the deadline for making the payment may be established by the charter, or perhaps by a decision of the general meeting of members (meeting of authorized persons).
soaked) SNT.
14. What documents are the basis for state registration of ownership of a garden plot?
Answer: in accordance with Art. 25.3 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it,” the basis for state registration of a citizen’s ownership of a garden or dacha land plot may be one of the following documents:
- an act on the provision of a given land plot to a citizen, issued by a state authority or local government body within its competence and in the manner established by the legislation in force at the place of publication of the act at the time of its publication;
- an act (certificate) of a citizen’s right to a given land plot, issued by an authorized government body in the manner established by the legislation in force at the place of publication of the act at the time of its publication;
- another document establishing or certifying a citizen’s right to a given land plot.
15. What are the responsibilities of SNT members?
Answer: The rights and obligations of SNT members are determined by Art. 19 of the law on gardeners - this article is given in full in Appendix No. 1.
16. What is common property?
Answer: in accordance with Art. 1 of the law on gardeners, common use property includes property (including land plots) intended to provide, within the territory of the association, the needs of its members for passage, travel, water supply and sanitation, electricity supply, gas supply, heat supply, security, recreation and other needs (roads, water towers, common gates and fences, boiler rooms, children's and sports grounds, waste collection areas, fire-fighting structures, etc.).
Please note that in a horticultural non-profit partnership, these property items may be jointly owned by the members or owned by a legal entity - the SNT itself.
17. If I want to survey a plot of land, where to start?
Answer: To carry out boundary work, it is necessary to conclude an agreement on carrying out the necessary work with a person duly certified as a cadastral engineer. The coordinates of such persons can be found on the Rosreestr website - www.rosreestr.ru.
18. How are land disputes resolved?
Answer: If the parties cannot agree on the location of the boundary of the land plot, then the matter is subject to consideration by the court. Let us note that in order to resolve a land dispute, it is most often necessary to appoint a land management examination, the cost of which is high and most often incommensurate with the cost of the disputed piece of land.
Territorial jurisdiction is determined by the location of the land plot.
19. Can the chairman of the board be elected by the board of SNT?
Answer: in accordance with paragraphs. 4 paragraphs 1 art. 21 of the law on gardeners, the exclusive competence of the general meeting of members (meeting of authorized representatives) includes the election of the chairman of the board and the early termination of his powers, unless otherwise provided by the charter of such an association. Consequently, the SNT charter may establish the election of the chairman of the board at a board meeting.
20. Does a SNT member have a pre-emptive right to purchase a neighbor’s plot?
Answer: A member of the SNT does not have the right of first refusal to purchase an adjacent land plot. Such a right arises only where there is common property.
21. What is the membership fee, who pays it, what other fees are there?
Answer: in accordance with Art. 1 of the law on gardeners, membership fees are funds periodically contributed by members of a gardening association to pay for the labor of workers who have entered into employment contracts with such an association, and other current expenses of the association. That is, membership fees are spent on the maintenance of the legal entity itself. The law also provides for the following types of contributions:
introductory and targeted - in non-profit partnerships and non-profit partnerships, in consumer cooperatives
We provide for the collection of entrance, membership, share and additional fees, each of which must be spent
be carried out in accordance with the purposes defined by law.
22. How to hold a general meeting of SNT members?
Answer: the general meeting of members is the highest governing body of the association, it can be regular, which must be held at least once a year, and extraordinary, which can be convened by the board, as well as at the request or proposal of the auditor (audit commission), no less than 1/5 of the total number members, as well as the requirements of the local government. The procedure for notifying members of an upcoming general meeting is determined by the association's charter, which also specifies the procedure for electing authorized representatives (if the association provides for holding a general meeting of members in the form of a meeting of authorized representatives), as well as the procedure for holding a general meeting of members in absentia. The procedure for holding a general meeting of members and the voting procedure are determined by the regulations for holding general meetings, which are approved at the general meeting of members of the association.
23. At what distance from the border can I build buildings on my garden plot?
The answer to this question is contained in clause 6.7 of the Code of Rules SP 53.13330.2011 “SNiP 30-02-97*. Planning and development of territories of gardening (dacha) associations of citizens, buildings and structures”, this document is given in Appendix No. 2.
24. Can I isolate myself from my neighbors with a solid fence?
Answer: Continuous fencing of a garden plot of land is permitted with the written consent of the neighbor. See clause 6.2 SP 53.13330.2011.
25. Is it allowed to breed bees in a garden plot?
Answer: in accordance with clause 7.9.* of the Code of Rules for the design and construction of SP 11-106-97 “The procedure for the development, coordination, approval and composition of design and planning documentation for the development of the territories of gardening associations of citizens”, the construction of an apiary is allowed on the territory of a garden (dacha) plot . The apiary must have a blind fence 2 m high, and be located no closer than 2 m from the boundaries of the site.
26. What to do if the chairman of the SNT refuses to submit reports and decisions of general meetings?
Answer: In accordance with paragraphs. 2 p. 1 art. 19 of the law on gardeners, the right of a member of an association is to receive information about the activities of the management bodies of the association and its control body. If the board refuses to provide documents, the refusal can be appealed in court.
27. Why are some other taxes included in the estimate in addition to the wages of the accountant, watchman and electrician?
Answer: a gardening non-profit association of citizens is a legal entity and is obliged to fully comply with the requirements of labor legislation; SNT makes contributions to all funds on the same basis as other commercial organizations. In 2011, contributions to the funds amounted to 34.2% of the wage fund. Transfer of contributions to the funds is mandatory.
28. Can I install a greenhouse on my property?
Answer: yes, you can, one meter from the border of the land plot. In addition, if the greenhouse is on a foundation, you can register ownership of this property. The registration procedure is exactly the same as for registering any other building on a garden plot.
Answer: The amount of land tax depends on the area of the land plot, its cadastral value and the land tax rate. The area of the plot, as well as its cadastral value, can be found out from the cadastral extract or found on the Rosreestr website. You can also calculate by multiplying the specific indicator of the cadastral value (measured in rubles per square meter) by the area of the land plot (it can be found in the certificate). The land tax rate is determined by the representative body of the municipality on whose territory the gardener’s land plot is located.
30. Why should SNT pay for a negative impact on the environment if it is not production and does not have emissions or discharges?
Answer: waste disposed of at the landfill is the property of the association. Under the garbage removal agreement, only the movement of SNT property (garbage) from the association to the solid waste landfill is carried out, in accordance with Art. 210
According to the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property.
31. How should the removal of household waste from SNT be organized?
Answer: waste removal from SNT must be organized in accordance with the requirements imposed by acts of local governments in whose territory the associations are located.
32. Is it possible to burn garbage on your property?
Answer: burning waste on garden or dacha land is not allowed.
33. What fire safety requirements apply to SNT?
Answer: Fire safety requirements are formulated in Federal Law No. 123-FZ of July 22, 2008 “Technical Regulations on Fire Safety Requirements”:
Clause 18 Art. 67 states that on the territory of a gardening, gardening and dacha non-profit association of citizens, fire fighting equipment must be provided with access to all garden plots combined into groups and public facilities. The width of the carriageway of streets must be at least 7 meters, driveways - at least 3.5 meters.
In paragraph 18. Art. 68 states that in order to ensure fire extinguishing in the common areas of the association, fire-fighting ponds or reservoirs with a capacity of at least 25 cubic meters with a number of sites up to 300 and at least 60 cubic meters with a number of sites more than 300 must be provided (each with sites for installing fire equipment, with possibility of water intake by pumps and provision of access for at least 2 fire trucks).
The requirements are also contained in the Code of Rules SP 53.13330.2011 “SNiP 30-02-97*. Planning and development of territories of gardening (dacha) associations of citizens, buildings and structures”, the norms of which are mandatory for execution.
34. Am I obliged to become a member of SNT?
Answer: in accordance with paragraph 2 of Art. 30 of the Constitution of the Russian Federation, no one can be forced to join or remain in any association. Thus, becoming a member of an association is a voluntary expression of the will of a citizen.
35. Should the chairman provide the tax authorities with information about the members of the association, including providing copies of passports and land certificates?
Answer: The state cadastral registration body, the body that conducts state registration of rights to real estate and transactions with it (Land Cadastral Chamber and Rosreestr, respectively), in the order of information interaction, exchange information about the copyright holders of real estate for tax purposes.
The chairman of the board of SNT should not provide information about members of the organization to the tax authorities. In addition, in accordance with paragraph 4 of Art. 6 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”, a person processing personal data on behalf of an operator is not required to obtain the consent of the subject of personal data to process his personal data. Thus, if there is a need to provide the personal data of members anywhere, it is first necessary to obtain the written consent of the members of the association.
36. If a SNT member does not pay fees, can he be deprived of the right to use electricity?
Answer: No you can not. It is necessary to work with defaulters, including collecting debts on contributions in court.
37. How should biowaste be disposed of? Is a septic tank required on the site?
Answer: The answer to this question is contained in clauses 8.6–8.7 of the Code of Rules SP 53.13330.2011 “SNiP 30-02-97*. Planning and development of territories of gardening (dacha) associations of citizens, buildings and structures” (see Appendix No. 2).
38. Is it possible to elect a chairman from outside the SNT members?
Answer: The chairman of the board is elected from among the members of the board. And in accordance with Art. 21 of the law on gardeners, the board is elected from among the members of the association.
39. Does SNT have the right to engage in entrepreneurial activities?
Answer: yes, it does, but profits from business activities should not be distributed among participants
(members) of the association, but should be spent on achieving the statutory goals of the SNT.
40. Why do gardeners pay for electricity like city residents if their plots are located in rural areas?
Answer: to the category “Consumers equal to the population” in accordance with paragraph 27 of the Methodological guidelines for calculating regulated tariffs and prices for electric (heat) energy in the retail (consumer) market, approved by order of the Federal Tariff Service dated 06.08.2004 No. 20- e/2, also include horticultural, gardening or dacha non-profit associations of citizens - non-profit organizations established by citizens on a voluntary basis to assist its members in solving general social and economic problems of gardening, horticulture and dacha farming. The subject of the Federation did not take advantage of the right to provide benefits to gardening associations of citizens located on its territory. In the Yaroslavl region, for example, gardeners pay for electricity at the rate established for the rural population.
41. What to look for when buying a plot?
Answer: when buying a land plot, you need to pay attention to the powers of the person selling the plot (is he the owner or acts by proxy), to documents on land rights, to whether land surveying has been carried out or not (if not, there may be unpleasant “surprises”) ; get to know your neighbors and find out from the board of the association whether the owner of the plot has debts in terms of contributions (if he is a member of the association) or in terms of payment under the contract (if he gardens individually). If something is in doubt (price, documents), it is better to show the documents to a lawyer and, possibly, refuse the purchase.
42. Based on what is the size of the contribution to SNT calculated?
Answer: The amount of the contribution to the SNT is established based on the list of planned works, their cost, and a certain estimate. The amount received is divided by the number of members of the association.
43. Who can convene an extraordinary general meeting of members?
Answer: An extraordinary general meeting of members may be convened by the board or in accordance with Art. 25 of the law on gardeners, if a threat is created to the interests of the association and its members, or if abuses by members of the board of the association and the chairman of the board are identified, an extraordinary general meeting of members may be convened by the auditor (audit commission) of the association.
44. Should a citizen who gardens individually be required to pay targeted contributions?
Answer: Art. 1 of the law on gardeners determines that targeted contributions are funds contributed by members of the SNT or SNP for the acquisition (creation) of public facilities. The law does not provide for the possibility of collecting targeted contributions from citizens who are not members of the association.
45. What should targeted contributions to SNT be spent on?
Answer: Targeted contributions to the SNT are spent on the creation of public facilities. Property created with targeted contributions from members of the partnership is jointly owned by the members of such an association.
46. Is a citizen who gardens individually required to sign an agreement on the use of infrastructure facilities, the text of which was approved by the general meeting of SNT members?
Answer: no, civil law is based on the recognition of the equality of the parties to an agreement, therefore signing an agreement on the terms established by the general meeting of members is an individual’s right, but not an obligation.
47. Who can a member of the SNT entrust the right to participate in the general meeting?
Answer: a member of SNT can entrust the right to participate in the general meeting of members to anyone, another member of SNT, his relative or a complete stranger. It is only necessary to certify the member’s signature on the power of attorney. The signature is certified by the chairman of the board of SNT.
48. Who are the commissioners, what powers do they have, how are they elected?
Answer: authorized persons are those persons who are elected in accordance with the charter of the association and represent the interests of persons delegating powers to them at general meetings held in the form of a meeting of authorized representatives. The authorized representatives are members of the SNT and cannot transfer their powers to other persons.
49. What are the higher authorities of the SNT?
Answer: SNT does not have any higher authorities.
50. Is it necessary to register buildings located on a land plot?
Answer: registration of buildings located on garden or dacha plots is carried out in a simplified manner on the basis of a declaration of real estate, approved by order of the Ministry of Economic Development of Russia dated November 3, 2009 No. 447 and is a gardener’s right, but not an obligation.
51. According to the documents, I was provided with a land plot of 6 acres. How much land can I register if I actually use a larger area?
Answer: subject to the approval of boundaries with all adjacent land users, a citizen has the right to register a land plot within the existing boundaries, if the resulting area as a result of land surveying does not exceed one minimum size of a land plot provided in a given subject of the Russian Federation for the purposes of gardening (for a garden plot), running a summer cottage and etc. In the Moscow region, the minimum area of land that is provided for gardening is 0.06 hectares - 6 acres, or 600 square meters. If a citizen was previously provided with 8 acres, then he can obtain a plot of up to 14 acres. However, this provision of the law is rather declarative in nature; the author has not encountered any precedents for registering plots within the existing boundaries.
52. Do state and local governments provide any support to gardeners?
Answer: State and local authorities provide support to gardeners and their associations.
More information about programs to support associations can be found in the local government body or in the executive body of the constituent entity of the Russian Federation, which is responsible for interaction with gardeners.
53. Why is a transaction for the sale and purchase of a land plot not requiring a certificate from the chairman about debts on contributions?
Answer: because such a document is not presented for state registration of the transfer of ownership, sometimes buyers (see question No. 41) or notaries ask for such a certificate. If the seller and the buyer enter into an agreement in simple written form (without notarization) and the buyer does not ask for such a certificate, then taking such a certificate is a matter of conscience of the seller (as is the voluntary payment of contributions and debts on them), but not his responsibility. Let us add that it is impossible to demand debts on the seller’s contributions from the buyer.
54. Why did it become possible to build apartment buildings on garden plots?
Answer: because in accordance with paragraphs. 1 clause 17 art. 51 of the Town Planning Code of the Russian Federation, the issuance of a building permit is not required in the case of construction on a land plot provided for gardening, dacha farming, and the area of the building area is not standardized.
55. How to become a member of SNT?
Answer: To become a member of the SNT, you must own a plot of land within the boundaries of the land allocation provided for the location of the association, and write an application for membership. The decision on admission to membership is made by a simple majority of votes of those present at the general meeting of members (meeting of authorized persons) of the association.
56. How and where can I find out who is the chairman of our SNT?
Answer: it is necessary to order an extract from the Unified State Register of Legal Entities. To do this, you need to contact the tax authorities at the place of registration of SNT.
Public information about any legal entity is provided to any applicant for a fee.
57. Why, when registering the right to public land, did they ask me for a receipt for 15 thousand rubles? Who installed this?
Answer: in accordance with paragraphs. 22 clause 2 art. 333.33 of the Tax Code of the Russian Federation, the state fee for state registration of rights, restrictions (encumbrances) of rights to real estate for an organization is 15,000 rubles.
58. What documents can I, as a member of the SNT, freely get acquainted with? If the chairman of the board does not allow you to read the charter, what should you do?
Answer: as a member of SNT in accordance with paragraphs. 2 p. 1 art. 19 of the law on gardeners, you have the right to get acquainted with the charter, constituent documents, minutes of general meetings of members, minutes of board meetings, get acquainted with estimates, reports of the board and acts of the audit commission. If the board refuses to familiarize itself with documents, such refusal can be appealed in court.
59. Where can I go if I am not satisfied with the work of the SNT board?
Answer: if a member of the association is not satisfied with the work of the association’s board, it is necessary to assemble an initiative group of at least 1/5 of the total number of SNT members and demand the convening of an extraordinary general meeting of members,
60. Should I notify the SNT board if I sell a plot or make any other transaction?
Answer: A member of an association does not have such an obligation. Although, in order to avoid claims for unpaid contributions, it is better to notify the board about the planned sale of the site and obtain a certificate stating that there are no debts on contributions. However, this is only the right of a member of the association, but not his obligation.
61. What measures of influence can be applied to members of the SNT and for what?
Answer: in accordance with paragraph 4 of Art. 18 of the law on gardeners, the association’s charter specifies, among other things, the grounds and procedure for expulsion from members of the association and the application of other sanctions for violation of the charter or internal rules of the association. Other measures may include, for example, charging penalties for late contributions and payments. The amount of penalties is established by a decision of the general meeting of members (meeting of authorized persons).
Answer: the board is elected by a simple majority of votes of the members present at the meeting.
63. Can a member of the SNT count on the protection of his interests by the board?
Answer: There are practically no cases of active defense of the rights of SNT members by the board. However, SNT can participate in the court hearing as a third party.
64. Who are the founders, how did they appear, what are their rights and obligations, can founders be excluded from the Unified State Register of Legal Entities?
Answer: founders are those citizens who decide to create SNT (or any other organization), and their names are entered in the Unified State Register of Legal Entities. In accordance with clause 4.11 of the canceled order of the Federal Tax Service of the Russian Federation dated November 1, 2004 No. SAE-3-09/16@ on methodological explanations for filling out document forms used for state registration of a legal entity and individual entrepreneur, when submitting an application for state registration of HOAs , ST in the information about the founders, information about the members of the board is indicated.
65. Can foreign citizens become members of SNT?
Answer: Yes they can. Please note that a foreigner can purchase a garden or dacha plot as a property.
66. What rights do I lose when I leave the SNT membership?
Answer: When you leave SNT, you will lose the right to elect and be elected to the governing bodies of SNT and the right to common property, which is jointly owned by SNT members.
67. Why are associations of gardening associations created?
Answer: associations (unions) of horticultural associations are created to achieve some common goals of the organizations included in them. In addition, the association may be granted the right to audit the economic and financial activities of member associations. Public organizations should be distinguished from associations, which, although they have the word “union” in their name, this is not an indication of the organizational and legal form. Public organizations do not have the right to interfere (forcibly) in the activities of SNT.
68. Within our SNT, a group of members registered their new SNT. Now they are demanding that we provide part of the property. What should we do now?
Answer: citizens have the right to unite, including the right to decide to create “their own” SNT. In this case, they do not have any rights to the property of an already existing association. If citizens wish to separate from the existing SNT, then a reorganization procedure is required, the decision on which is made by a qualified majority of votes of members at the general meeting of members (meeting of authorized persons) of the SNT.
69. Who sets the size of the entrance fee to SNT and when does it need to be paid?
Answer: The amount of the entrance fee is determined by the decision of the general meeting of members (meeting of authorized representatives) and is paid after the decision is made to admit a citizen to membership in the association. It should be remembered that an inflated entrance fee will lead to refusal of land owners to become members of the association.
70. Our SNT does not have a current account; we pay all contributions in cash. Is an entry in the membership book about the contribution made sufficient?
Answer: no, not enough. The person accepting contributions is obliged to issue a counterfoil to the cash receipt order. In addition, having a current account with a legal entity is mandatory! And SNT members have the right to transfer funds to the association’s account.
71. I am the new chairman of the SNT, I was elected 10 days ago. Why did the tax office fine me 5 thousand rubles?
Answer: a legal entity, within three working days from the date of making a decision to change the constituent documents of the association - that is, its charter, in the event of changes not related to amendments to the constituent documents, for example, when changing the chairman of the board, within three days it is obliged to notify the registering person about this organ. To do this, it is necessary to fill out the necessary forms approved by Decree of the Government of the Russian Federation of June 19, 2002 No. 439 “On approval of forms and requirements for the execution of documents used for state registration of legal entities, as well as individuals as individual entrepreneurs.” If the documents are not submitted on time, then in accordance with Art. 14.25 of the Code of the Russian Federation on Administrative Offenses of December 30, 2001 No. 195-FZ, this entails a warning or the imposition of an administrative fine in the amount of five thousand rubles.
72. What is the difference between voluntary withdrawal from SNT membership and expulsion?
Answer: in that withdrawal is carried out voluntarily, according to the written expression of the will of the member, and expulsion is carried out by a qualified majority of votes of members (authorized representatives) present at the general meeting for those violations of the charter for which expulsion from membership is provided as a sanction.
73. What will happen to my site if I am expelled from the SNT members?
Answer: the plot will remain on the same right as it was. That is, also owned. The only case when questions may arise about the fate of the site is if the entire land allotment was granted to a legal entity or to the common ownership of members.
74. Do citizens of preferential categories (disabled people, veterans, large families) have the right to receive land plots?
Answer: Citizens of these categories have the right to preferential provision of garden plots. However, after the entry into force of the Land Code of the Russian Federation, such provision is carried out for a fee. Free provision of land ownership after 2001 practically does not occur.
75. I believe that the target contribution for the creation of an infrastructure facility should be paid only if I use the property that will be created. Am I right?
Answer: no, they're wrong. If the decision to create an infrastructure facility is made by a decision of a competent general meeting, then regardless of whether you were at the meeting, voted for or against the decision, the target contribution must be submitted. If the fee is not paid, the board may collect the debt through legal action.
76. What laws regulate the activities of gardening associations of citizens?
Answer: Currently, the activities of gardening, dacha and vegetable gardening non-profit associations of citizens are regulated by the following regulations:
- The Constitution of the Russian Federation;
- Civil Code of the Russian Federation;
- Land Code of the Russian Federation;
- Tax Code of the Russian Federation;
- Federal Law of April 15, 1998 No. 66-FZ “On gardening, gardening and dacha non-profit associations of citizens”;
- Federal Law of August 8, 2001 No. 129-FZ “On state registration of legal entities and individual entrepreneurs”;
- Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it”;
- Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre”;
- Federal Law of October 25, 2001 No. 137-FZ “On the entry into force of the Land Code of the Russian Federation”;
- Code of the Russian Federation on Administrative Offenses of December 30, 2001 No. 195-FZ and many
- other regulatory legal acts.
77. Who can be an auditor in SNT, are there any requirements for the qualifications of an auditor?
Answer: A member of the association who is not related or related to the members of the board (and its chairman) can be elected as an SNT auditor. The Law on Gardeners does not impose any qualification requirements for auditors.
78. I am selling a plot of land in SNT, should the board return all my fees - entrance, membership and target?
Answer: The SNT charter must specify the procedure for returning targeted contributions made. Membership and entry fees are non-refundable.
79. How long will the “dacha amnesty” last?
Answer: The “dacha amnesty”, namely the simplified procedure for registering rights to land plots and buildings on dacha and garden plots, has no deadline.
80. Am I required to register the right to a land plot?
Answer: no, registration of rights to real estate is a right, but not an obligation, of a gardener.
81. Is there any deadline for re-registration of rights to public lands?
Answer: re-registration of the right of permanent (indefinite) use of land plots by horticultural, gardening and dacha non-profit associations of citizens is carried out in the manner established by Article 28 of the Federal Law “On horticultural, gardening and dacha non-profit associations of citizens”, while in accordance with clause 2.1 of Art. 3 of the Federal Law of October 25, 2001 No. 137-FZ “On the entry into force of the Land Code of the Russian Federation” is not limited in time.
82. What issues can be resolved by a general meeting held in absentia?
Answer: In absentia, decisions cannot be made on approving the income and expenditure estimates, on accepting a report on the activities of the board and the audit commission, and elections of the board cannot be made in absentia.
Answer: Each member at the general meeting of members has one vote. If other members of the SNT have delegated their votes to a specific member (by proxy), then this member has a number of votes equal to the number of issued proxies, plus his one vote.
84. How many powers of attorney for participation in a general meeting of members can be issued to one person?
Answer: The number of powers of attorney issued to one person is not limited by law.
85. Does a gardening association have the right to charge penalties in case of late payment of membership fees?
Answer: maybe, if the charter mentions penalties as penalties, and the general meeting of members has established their amount.
86. Which organizations should gardeners contact to protect their rights?
Answer: The body exercising supervision over the activities of non-profit organizations is the Prosecutor's Office of the Russian Federation, and the protection of rights is carried out in court. Therefore, gardeners need to go to court.
87. How are membership fees of SNT members calculated legally - per plot or per hundred square meters?
Answer: clause 1 art. 18 of the law on gardeners indicates that members of the SNT can be citizens of the Russian Federation who have reached the age of eighteen and have land plots within the boundaries of such a partnership. Also, this article makes it possible for minors and minors to become members of the SNT if land plots were transferred to them, for example, by inheritance, and also gives the right to become a member of the SNT to a foreign citizen or stateless person. In addition, in accordance with paragraph 2 of Art. 30 of the Constitution of the Russian Federation, no one can be forced to join or remain in any association - that is, membership in the SNT is voluntary.
Thus, an individual who is the legal owner of a land plot located within the boundaries of the association can become a member of a gardening non-profit partnership. And if one individual is the owner of several plots, even located in different places of the partnership, then he can still become a member only once. It is impossible to be a “twice member” or “three times a member”.
In accordance with Art. 20 of the law on gardeners, the general meeting of SNT members is the highest governing body of such an association.
The legislator does not directly indicate that the weight of the vote (the number of votes) somehow depends on the amount of property owned by this member. We can see an example of a direct indication of this in paragraph 4 of Art. 49 of the Federal Law of December 26, 1995 No. 208-FZ “On Joint Stock Companies”:
“decisions on issues are made by the general meeting of shareholders with a three-quarters majority vote of shareholders - owners of voting shares participating in the general meeting of shareholders” and clause 4 of Art. 146 of the Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ: “Decisions on other issues are made by a majority vote of the total number of votes of the members of the partnership or their representatives present at the general meeting.”
Thus, regardless of the number of land plots, a citizen can be a member of the SNT only once and has one vote at the general meeting of members.
In accordance with Art. 1 of the law on gardeners, membership fees are funds periodically contributed by SNT members to pay for the labor of workers who have entered into employment contracts with such an association, and other current expenses of such an association.
In essence, membership fees go towards the maintenance of the legal entity and its management bodies. Please note: not the maintenance of the property, but specifically the legal entity itself - office and postal expenses, fees, legal costs, wages, taxes and contributions.
If the rights and obligations of members are equal, then the participation of each member in the maintenance of the legal entity must be equal.
Separately, we note that in accordance with the SNT charter, a special fund can be formed in it, which consists of state support funds, income from SNT business activities, membership and entrance fees. Using the funds of the special fund, property is created that belongs to a legal entity - SNT itself.
After the liquidation of the SNT, the funds remaining after settlements with creditors are distributed equally among the former members of the SNT. Thus, membership fees are equal for members regardless of the size/number of garden plots occupied.
The situation with targeted contributions is different. According to the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property, therefore, for the repair of the road inside the SNT, the owner of three plots (as a co-owner of three shares in common property, if the shares are properly registered) will pay a triple contribution.
However, according to Art. 245 of the Civil Code of the Russian Federation “If the shares of participants in shared ownership cannot be determined on the basis of law and are not established by agreement of all its participants, the shares are considered equal.”
Based on the foregoing, we can conclude that in the event of liquidation of the SNT, the property (in monetary terms, after its sale) will be divided among the members in equal shares.
Consequently, in the absence of an agreement between members on the size of shares, target contributions should also be equal for all members of the SNT.
88. In our SNT there are plots whose owners do not cultivate them; we have to mow them ourselves. Can we sell them?
Answer: You can only dispose of the property that belongs to you. It is obvious that the abandoned site has an owner. The disposal of such a site (even if they were given conditionally free use) is fraud. If there are abandoned lands in SNT, we recommend contacting Rosreestr and inspectors of state land control.
89. What to do with a plot whose owner has died and no heirs have appeared?
Answer: Nothing can be done with such a site. In accordance with the procedure established by law, such property is recognized as escheated and becomes the property of the municipality.
90. I bought a plot from a SNT member who did not pay fees. Should I pay off his debts?
Answer: no, they shouldn't. The board must collect dues from the seller.
91. The chairman refuses to sign the act of approving the boundaries of the land plot and give me a certificate stating that the land was legally provided to me. Motivated by the fact that my dues have not been paid. Is he right?
Answer: no, the chairman of the board is wrong in this case.
92. How is the redemption price of property seized for state needs determined?
Answer: in accordance with Art. 281 of the Civil Code of the Russian Federation, the price is determined by agreement with the owner of the site. When determining the redemption price, it includes the market value of the land plot and the real estate located on it, as well as all losses caused to the owner by the seizure of the land plot, including losses that he incurs in connection with the early termination of his obligations to third parties, including lost benefit. If there is no agreement on the redemption price, the issue can be resolved in court.
93. Why in SNT is not every gardener a subscriber under an energy supply contract, but the association as a whole?
Answer: for the reason that the energy supply agreement is concluded not with each specific gardener, but with the legal entity as a whole.
94. Why should gardeners pay for losses in electrical networks?
Answer: the content of this issue is a matter of debate. In accordance with Art. 210 of the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property - in this case, electrical networks. If an energy supply agreement is concluded with each specific gardener, then payments for network losses are not made.
95. Is SNiP 30-02-97* a regulatory document, the requirements of which are mandatory for all gardeners?
Answer: This document was valid until May 19, 2011. Since May 20, 2011, the Code of Rules SP 53.13330.2011 “SNiP 30-02-97* has been in force. Planning and development of territories of gardening (dacha) associations of citizens, buildings and structures”, which is included in the List of national standards and sets of rules, approved by Order of the Government of the Russian Federation of June 21, 2010 No. 1047-r, which, according to Part 4 of Art. 6 of the Federal Law of December 30, 2009
No. 384-FZ “Technical Regulations on the Safety of Buildings and Structures” are mandatory for application.
96. I have a privatized plot in SNT. I pay taxes to the state, why should I pay any more money for my privatized plot?
Answer: The obligation to pay land tax lies with each owner of a land plot. Registration of ownership of a land plot does not entail the termination of the obligation to participate in the maintenance of public property and the legal entity itself. Thus, the member still needs to pay membership and target fees in the partnership.
97. A SNT member who did not pay his dues died. How to force the heirs to pay contributions - the father’s debts and the money that they themselves owe as the new owners.
Answer: It is possible to force the heirs to pay the debts of the testator in court. Please note that you can only recover those funds that the deceased did not pay. Those “debts for the plot” that arose after the death of the testator cannot be recovered. The owner of the land plot pays membership fees if he is a member, or pays according to an agreement if he is not a member and such an agreement has been concluded. If the agreement has not been concluded and the citizen is not a member, he has no obligation to deposit any funds into the association’s treasury.
98. How and where can you find out who is the owner of a land plot?
Answer: contact the territorial department of Rosreestr (at the location of the property). If the right to a land plot is registered, you will be given a certificate of the legal owner.
99. We don't want to live in SNT. What will happen to our land after the liquidation of SNT?
Answer: plots owned by citizens will remain with them under the same rights as before. The common property will likely be sold. And then the owner will have the opportunity to independently set the amount of payment for the use of his property.
100. When will the current law on gardeners be changed?
Answer: Unfortunately, no one knows the answer to this question. From the point of view of common sense, this law must be repealed and relations between property owners regulated in accordance with the provisions of the civil legislation of the Russian Federation and the Constitution.
REGULATIONS ON THE PROCEDURE FOR PAYMENT OF CONTRIBUTIONS AND OTHER OBLIGATORY PAYMENTS IN A GARDENING NON-PROFIT PARTNERSHIP AND SPENDING OF SNT FUNDS
2. Contributions of SNT members
7. SNT funds
7.2 SNT Trust Fund
7.3 SNT Special Fund
1. General provisions on the procedure for paying contributions to SNT
1.1. This Regulation uses the norms of Federal Law No. 66-FZ of April 15, 1998 “On horticultural, gardening and dacha non-profit associations of citizens”, other branches of law, the Charter of the Gardening Non-Profit Partnership (SNT) and comprehensively regulates relations arising in connection with gardening by citizens , determines the procedure for making mandatory payments to the Partnership to the extent that they are not regulated by the legislation of the Russian Federation and the SNT Charter.
1.2 These Regulations:
1.2.1 Determines the procedure for making mandatory payments to the Partnership by citizens who have the legal right of ownership, possession or use of garden plots located within the boundaries of the SNT territory, who are members of the SNT or individual gardeners who garden individually on the basis of an Agreement on the use of infrastructure facilities and others SNT common use property.
1.2.2 Determines the general procedure for spending SNT funds.
2. Contributions of SNT members
2.1 Members of SNT are required to pay membership and target fees provided for by Federal Law No. 66 of April 15, 1998 and the Charter of the Horticultural Non-Profit Partnership.
2.2 Membership fees are intended to compensate for SNT's costs of paying employees who have entered into employment contracts with SNT, paying for utilities for public facilities, costs of maintaining and repairing SNT's public facilities, as well as other current expenses of SNT. The membership fee is equivalent to the fee for using infrastructure facilities for SNT members.
2.3 Payment for the use of infrastructure facilities does not include payments for utility resources for individual members of the SNT.
2.4 The amount of membership fees for members of the SNT (the amount of membership fee for one plot) is determined on the basis of the annual income and expenditure estimate approved at the General Meeting of Members of the Partnership and is distributed by the number of plots according to the approved cadastral plan and in proportion to the area of the occupied land plot (occupied land plots) .
2.5 Targeted contributions are intended for the acquisition (creation), major repairs, as well as reconstruction of public facilities of SNT, which are the joint property of its members.
2.6 The share contribution (introduction) forms the property of common use. The share contribution for a new gardener (entry fee) is intended to compensate for the costs of acquiring (creating) public property; the amount of the share entry fee is equal to five times the size of the membership fee for one plot. The share entrance fee is paid by the candidate member of the Partnership in cash 14 days before the date of consideration by the General Meeting of SNT members of the issue of admission to membership of the partnership. In case of refusal to accept a candidate as a member of the partnership, the specified fee is returned within 14 days from the date of this decision. Failure to pay the entrance fee is grounds for refusal to accept a candidate as a member of the SNT.
2.7 Non-use of a land plot by a member of the Partnership, or refusal to use common property is not grounds for exempting him, in whole or in part, from participating in the general costs of maintaining and repairing common property.
3. Contributions of Individual Gardeners
3.1 Citizens who are not members of the SNT, but who have the legal right of ownership, possession or use of a garden plot located within the boundaries of the Partnership’s territory, gardening individually (Article 8 of the Federal Law-66) exercise their right to use public property for a fee, in in accordance with the Agreement on the use of infrastructure facilities and other public property of SNT.
3.2 Individual gardeners, within the framework of the Agreement on the use of infrastructure facilities and other public property of SNT, regularly pay the following payments to the Partnership:
3.2.1 Contributions for the use of infrastructure facilities and other common property of SNT - regularly paid by Individual gardeners to pay for the labor of employees who have entered into employment contracts with the Partnership, and other current expenses of SNT.
The amount of fees for the use of infrastructure facilities and other common property of the Partnership for Individual gardeners, subject to their making targeted contributions for the acquisition (creation) of this property in the manner established by these Regulations, cannot exceed the amount of membership fees for SNT members.
If an individual gardener did not participate in the acquisition (creation) of public property or has arrears on targeted contributions for the acquisition (creation) of infrastructure facilities and public property, the amount of the contribution for the use of infrastructure facilities and other public property SNT is calculated with an increasing factor of 2 ,0 regarding the amount of membership fees established by the General Meeting of the Partnership.
Payment for the use of infrastructure facilities does not include payments for utilities for individual individual gardeners.
3.2.2 Contributions for the acquisition (creation) of infrastructure facilities and public property of the Partnership - made by Individual gardeners for the acquisition (creation), major repairs and reconstruction of public facilities.
4. Obligations of gardeners upon leaving SNT, upon alienation and acquisition of rights to plots
4.1 Mutual settlements when a SNT member leaves the Partnership in order to acquire the status of an individual gardener
4.1.1 In accordance with clause 1 of Art. 19 of Federal Law No. 66 “On gardening, vegetable gardening and dacha non-profit associations of citizens”, a member of the SNT has the right to voluntarily leave the Partnership while simultaneously concluding with such association an agreement on the procedure for the use and operation of utility networks, roads and other public property;
4.1.2 When a member of the Partnership leaves SNT, he is obliged to reconcile payments with the accounting employee of the Partnership and pay off (if any) the arrears of contributions and payments for the entire period of his ownership/use of the site prior to leaving SNT, taking into account the penalties established by the General Meeting for late fees and payments. In this case, an Agreement on the procedure for repaying the debt can be concluded between the SNT (represented by the Chairman of the Board) and the citizen.
4.1.3 After mutual settlements, in the absence of debt to SNT, a member of the Partnership who wishes to leave it applies to the Board with an irrevocable application and concludes an Agreement on the use of infrastructure facilities and other common property of SNT in the form approved by the Board of the Partnership.
4.1.4 The exclusion of a citizen from members of the SNT, in accordance with the law, occurs on the basis of a decision of the General Meeting, which assigns to him the status of an individual gardener, which gives him the rights and assigns responsibilities regulated by the Agreement, the Charter and internal regulations of the SNT.
4.1.5 Payment of the cost of part of the common property created through targeted contributions paid by the Individual gardener during the period of his membership in SNT is not made.
4.2 Mutual settlements with the Partnership upon alienation of a land plot
4.2.1 When alienating a plot, a member of the SNT or an individual gardener is obliged to reconcile payments with the accounting employee of the Partnership and pay off (if any) the arrears of contributions and payments for the entire period of his ownership/use of the plot preceding the date of transfer of ownership of the plot, taking into account penalties established by the General Meeting for late contributions and payments.
4.2.2 According to the law, a member of the SNT has the right, when alienating a garden plot, to simultaneously alienate to the acquirer a share of common property within the Partnership in the amount of targeted contributions. If a member of the SNT decides to exercise this right, he is obliged to report this in his application to the Board of the Partnership. Otherwise, the application states a request for payment of the value of his share in the common property in the amount of paid targeted contributions. A 100% refund of paid target contributions is made within 3 months from the date of the last of the following events:
– repayment in full of the debt to the Partnership;
– transfer of rights to the site;
– date of application.
4.2.3 After mutual settlements, in the absence of debt to the Partnership, the Gardener who wishes to alienate the plot applies to the Board with an application, in response to which the Chairman of the Board issues the gardener a Certificate of no debt to the Partnership.
4.3 Participation of new gardeners in the creation of SNT infrastructure
4.3.1 The new owner of the plot is automatically recognized as participating in the creation of SNT infrastructure facilities and is exempt from paying the entrance fee for the new gardener if two conditions are met simultaneously:
– if, during the alienation of a plot by a former member of SNT, his share in the common property of the Partnership was alienated in favor of the new copyright holder and the former member of SNT has no debt to the Partnership,
– if the right of the new gardener to the plot arose by inheritance and the deceased member of the SNT has no debt to the Partnership,
4.3.2 In all other cases, in order to recognize a new gardener as participating in the creation of the common property of SNT, he must pay the entrance fee of the new gardener, the amount of which is determined by the amount of debt of the former copyright holder of the plot, taking into account penalties, but cannot be less than the Minimum amount of the entrance fee of the new gardener, determined General meeting.
4.3.3 With the exception of the case of transfer of ownership of a plot by inheritance, the payment of an entrance fee by a new gardener does not relieve the former copyright holder from obligations to SNT.
4.4.4 The new gardener pays the entrance fee within a reasonable time after acquiring the right to the plot, but no later than within 10 days from the date of receipt of the relevant Payment Request from the Board. Failure to pay the entrance fee entails refusal to admit the new gardener as a member of the SNT and preservation of his status as an individual gardener who did not participate in the creation of the Partnership’s infrastructure facilities. This entails obligations to pay fees for the use of infrastructure facilities and other public property of SNT with an increasing factor of 2.0 relative to the amount of membership fees established by the General Meeting of the Partnership.
4.4.5 In the event that a new copyright holder applies to the Board with an application for admission to SNT membership, in addition to the status of an individual gardener, he acquires the additional status of a member of the Partnership.
4.4.6 Obligations to make regular payments to the Partnership arise for the new gardener from the date he acquires the right to the plot or begins to actually use it, depending on which event occurs first. These obligations are regulated by the Agreement on the use of infrastructure facilities and other public property of SNT, concluded from this date.
4.4.7 Admission of a new gardener to a member of the SNT, in accordance with the law, occurs on the basis of a decision of the General Meeting of Members of the Gardening Partnership (Meeting of Commissioners), which assigns him the status of a member of the SNT, which gives him the rights and assigns responsibilities regulated by the Charter, these Regulations and other internal regulations of SNT.
5. Utility bills in SNT
5.1 SNT distributes the costs of utility resources consumed by the Partnership among SNT members and individual gardeners in proportion to their actual consumption, which is determined in accordance with meter readings. The utility tariff is determined and approved using one of two different methods:
Method_1 The tariff is calculated based on the arithmetic division of the cost of the resource consumed by the Partnership as a whole (in accordance with the readings of the general meter) by the sum of the readings of individual gardeners' meters. The tariff is approved by a joint decision of the Board and the Control and Audit Commission of SNT. Payment for consumed energy at the end of the accounting period, in fact.
Method_2. The tariff is calculated as the product of the tariff determined by the contract with the resource supplying organization by an increasing factor that takes into account losses for the transmission of a utility resource in the Partnership's networks and the cost of the resource for general needs. The tariff coefficient is calculated by the SNT accounting department and approved by the General Meeting. Based on the results of the reporting period, the positive difference between the Partnership’s actual payment to the resource supplier and the amount of payments received is subject to payment by SNT members in the form of an adjustment payment for the resource. The negative difference goes to the Operational Fund and is spent on the needs of the Partnership in accordance with the approved Income and Expenditure Estimate. When calculating the tariff using method_2, payment for a utility resource is made quarterly.
5.2 Tariffs for utility bills are the same for Individual gardeners and SNT members.
6. Procedure for paying payments to SNT
6.1 SNT members are obliged to promptly pay membership and other fees provided for by the Federal Law and the Charter of the Partnership, taxes and payments;
6.2 Gardeners make payments provided for by these Regulations within the time limits established by decisions of the General Meeting of SNT members or the Board of the Partnership, as well as other payments established by individual agreements or legal requirements by transferring funds to the SNT settlement account. Payment of membership fees is due before June 1 of the current year. The payment date is considered to be the date the funds are credited. By agreement with the Management Board, payment is possible by depositing funds into the SNT cash desk - in this case, the document confirming payment is a strict reporting form issued to the payer by the cashier of the Partnership.
6.3 In case of delay in payment of any of the payments provided for by these Regulations, gardeners pay a penalty in the amount of 0.1% of the amount of the unpaid payment for each day of delay, but not more than the amount of the late payment. A member of the Partnership (individual gardener) is exempt from paying penalties (fine) if he proves that the delay in fulfilling this obligation occurred due to force majeure or the fault of SNT.
6.4 The amount of the fine can be changed by decision of the General Meeting of SNT members. Payment of a penalty does not exempt a member of the Partnership from paying the contribution.
6.5 In the event of systematic failure to pay contributions and other obligatory payments to the Partnership, the Board is obliged to take all possible legal actions to pay off the debt: from imposing disciplinary measures to going to court. Signs of systematic non-payment are approved by decisions of the SNT Board.
7. SNT funds
7.1 Operating Fund of SNT
7.1.1 The SNT operating fund is formed from membership fees of members of the Partnership, fees for the use of infrastructure facilities, compensation payments, and penalties for non-payment of utility bills.
7.1.2 Funds from the operating fund are allocated for the maintenance of public property of SNT (hereinafter referred to as Infrastructure).
7.1.3 Common property of the Partnership - property (including public land plots) intended to provide, within the territory of SNT, the needs of the members of the Partnership for passage, travel, water supply and sanitation, electricity, security, recreation and other needs (roads, common gates and fences, children's and sports grounds, waste collection areas, fire-fighting structures, etc.). The SNT infrastructure in particular includes:
– public lands of SNT within established boundaries;
– streets and driveways (from the boundaries of SNT to the border of the garden plot) as linear real estate objects;
– power lines (from the secondary winding of the transformer to the Consumer’s individual metering device);
– a fence along the borders of SNT;
– buildings and structures created to protect and maintain the common property of the Partnership, provide utilities and ensure security;
– equipment located outside or inside individual garden plots and serving more than one garden plot;
– other objects within the boundaries of SNT, intended to serve members of the Partnership and individual gardeners, the alienation or transfer for use of which may lead to infringement of the rights and legitimate interests of members of the Partnership and/or individual gardeners.
7.1.4 The operating fund funds are spent in accordance with the Income and Expenditure Estimate approved by the General Meeting for the following needs (including, but not limited to);
– measures to ensure collective safety, including fire safety;
– inspection of the condition of common property and property of the Partnership as a legal entity;
- garbage removal;
– ensuring the safety of property located on the territory of SNT;
– costs of maintaining other facilities related to the Partnership’s infrastructure;
– tax on public lands, other tax payments of the Partnership as a legal entity, incl. taxes paid by the Partnership as a tax agent;
– encouragement of members of the Board and members of other elected bodies of SNT;
– remuneration for the labor of persons engaged under labor and civil contracts for the current needs of the Partnership;
– ensuring the activities of the Board, the Audit Commission: postal costs and communication services, entertainment expenses, costs of stationery and consumables for office equipment;
- consulting services;
– protection of the legal rights of the Partnership.
7.1.5 The Board has the right to approve excess costs for individual expense items of the Income and Expenditure Estimate up to 30% of the planned amount, but in such a way as not to exceed the total costs from the Operating Fund funds provided for the planned period by more than 15%.
7.2 SNT Trust Fund
7.2.1 The Trust Fund is formed from:
– Targeted contributions from SNT members;
– Contributions for the acquisition (creation) of infrastructure and common property of the Partnership, paid by Individual gardeners.
7.2.2 The funds of the trust fund are spent in accordance with the Income and Expenditure Estimate approved by the General Meeting for the following needs (including, but not limited to);
– construction, major repairs and reconstruction of roads on the territory of the Partnership;
– construction, major repairs, reconstruction of buildings that are the common property of SNT (Gatehouse, board office, etc.);
– construction, major repairs, reconstruction of structures and engineering systems that are the common property of SNT (common fence, gates, etc.);
– design and execution of customer functions for construction/repair/reconstruction projects;
– registration of property rights to created objects related to the common property and property of the Partnership as a legal entity.
7.2.3 The Board has the right to approve excess costs for individual expense items of the Income and Expenditure Estimate up to 30% of the planned amount, but in such a way as not to exceed the total costs from the Trust Fund allocated for the planned period by more than 15%.
7.2.4 If the payment to one contractor exceeds 30,000 rubles or 2.5% of the total planned costs from the Trust Fund, a competitive selection procedure for the contractor is required.
7.2.5. It is prohibited to spend SNT budget funds without duly drawn up minutes of the meeting of members of the SNT Board.
7.3 SNT Special Fund
7.3.1 The special fund is formed from:
– entrance fees for new gardeners;
– income from economic, investment, financial activities of SNT;
– penalties for late payment of contributions and mandatory payments;
– funds from the trust fund directed to the Special Fund only by a special decision of the SNT Board;
– membership fees sent to a special fund by a special decision of the SNT Board.
– funds provided to SNT in accordance with Articles 35, 36 and 38 of Federal Law No. 66 “On gardening, gardening and dacha non-profit associations of citizens”;
– charitable contributions.
7.3.2 The funds of the Special Fund are spent in accordance with the Income and Expenditure Estimate approved by the General Meeting for the following needs (including, but not limited to);
– creation and purchase of fixed assets owned by SNT as a legal entity;
– purchase of modern means of production used in landscaping, cleaning and processing garden plots;
– payments to SNT members alienating a land plot, the value of their share in the common property (in accordance with clause 4.2 of these Regulations).
7.3.3 The funds of the Special Fund can be promptly, by decision of the Board, redistributed to the Trust Fund and the Operational Fund.
7.3.4 When approving the Income and Expenditure Estimate of SNT, the funds of the Special Fund may be redistributed by decision of the Board to the Operational Fund and the Trust Fund.
7.3.5 General use property acquired or created at the expense of a special fund formed by decision of the SNT is the property of such SNT as a legal entity.
8. Temporary partnerships for the implementation of initiative projects
8.1 If the funds from the SNT Trust Fund are insufficient for the creation/reconstruction of a large object of common property required by SNT, individual gardeners can form temporary partnerships to implement part (stage) of such a project to speed up its implementation and the possibility of more quickly obtaining its results for participants such a temporary partnership.
8.2 Project boundaries – the scope (area) of work agreed upon by the Management Board, which satisfies the following criteria:
– This volume (section) of work is the minimum necessary for the project participants to achieve the pursued goals of the project;
– Carrying out this amount of work is economically feasible for other gardeners;
8.3 Before opening the project, the project initiators are required to notify all gardeners affected by this project about their initiative: invite them to enter into a temporary partnership and make the appropriate payments.
8.4 Participants in an initiative project should not pursue investment goals from participating in it.
8.5 Before the start of the project, project participants select a treasurer - the person responsible for collecting and spending funds and a project manager - the person responsible for its implementation. The candidacies of the treasurer and project manager must be approved by a decision of the Board, after which the treasurer has the right to begin collecting payments.
8.6 The condition for starting the project is the sufficiency of funds collected by the Initiative Group, i.e. no need to raise additional funds for full settlements with contractors.
8.7 All decisions of project participants are made by a majority vote of the number of project participants who made their contributions at the time the decision was made. The decisions of the project participants are documented in a protocol signed by the project manager and treasurer.
8.8 Payments by all participants in the temporary partnership must be proportional to the number of plots in their possession. Participants in a temporary partnership have the right to include remuneration for the Treasurer and the project manager in the estimate (calculation) of the initiative project.
– keep records of collected funds;
– coordinate changes in the Estimate (calculation) with the participants of the temporary partnership;
– agree with the participants of the temporary partnership on a reporting form for payments made from funds entrusted to him;
– keep records of funds spent within the project and, upon request, report to members of the partnership on the expenditure of funds;
8.10 The project manager is obliged to:
– coordinate design decisions with the SNT Board;
– develop an Estimate (cost estimate) for the project and coordinate it with the members of the temporary partnership;
– bear responsibility for the choice and actions of the contractors chosen by him (the Contractor);
8.11 Combining the functions of the project manager and treasurer is allowed. The Treasurer and Project Manager may be removed from these positions by a majority vote of the project participants. The new project manager and/or treasurer must be approved by decision of the SNT Board.
8.12 Gardeners who did not join the project at the time of its start, but whose plots are located within the boundaries of the project and who express a desire to benefit from the results of the project to the same extent as its participants, are obliged to compensate for the expenses incurred by the participants in the temporary partnership and make payments in that amount the same amount (taking into account inflation) as its other participants.
8.13 After completion of the project, the partnership participants have the right to limit access to the project result for other gardeners whose plots are located within the boundaries of the SNT, but who have not made the monetary contribution provided for all participants in the temporary partnership until the payment of the entrance fee established by the decision of the general meeting of the partnership participants.
8.14 The project is considered completed and the temporary partnership is considered liquidated if the following conditions are met:
– all partners of the partnership have made the agreed payments.
– obligations to contractors have been fulfilled;
– the financial report on the implementation of the project was signed by all participants in the temporary partnership;
– the Act on the commissioning of the entire object of SNT’s common property was signed, the object was transferred to the balance sheet of SNT or the operating organization.
8.15 After completion of the project, the balance of the collected funds can be distributed among the project participants in proportion to the payments made or, by decision of the shareholders, directed to the common needs of all project participants.
8.16 The project manager is responsible for the results of the project to SNT. The project manager and treasurer are responsible to the project participants.
8.17 The funds collected within the framework of the initiative project are not SNT funds.
9. Other provisions on the procedure for paying contributions and payments to SNT
9.1 The gardener’s failure to use the garden plot or refusal to use common property and/or utilities is not grounds for releasing the gardener in whole or in part from fulfilling the obligations to pay fees and other mandatory payments provided for by these Regulations.
9.2 Non-payments for the use of infrastructure facilities and other common property of a horticultural, gardening or dacha non-profit association shall be recovered in court.
9.3 The gardener has the right to combine several adjacent land plots owned by him into a single land plot. When adjacent land plots are combined, one land plot is formed, and the existence of such adjacent land plots ceases (FZ-136 of October 25, 2001). The date of state registration of rights is the day the corresponding entries about rights are made in the Unified State Register of Rights (USRE), about which a corresponding entry is made in the registration certificate.
9.4 The gardener is obliged to ensure the possibility of contacting him (by phone, via e-mail, etc.) and transmitting official information. If personal data changes (last name, first name, patronymic), registration address, telephone numbers, e-mail, notify the person responsible for maintaining the Register of Gardeners in writing within 10 days from the date of making these changes;
To view photographs posted on the site in an enlarged size, you need to click on their reduced copies.
You just confirm the saying:
“A beggar will drive a horse, sitting on horseback.”
Henry VI, part 3, act 1
William Shakespeare
The brilliant Englishman remembered the saying in one of his historical chronicles. But it came to us from the Middle Ages from good old England. More than half a millennium has passed, but the saying does not lose its relevance today. And it directly concerns all of our SNT. How? How? And remember. If you, dear gardener, have been to other pages of the SNT “Pishchevik” website, then you apparently noticed that everywhere one thought runs through the content of the pages as a refrain:
SNT develops and prospers where gardeners annually, carefully, wisely, with feeling, and thoughtfully invest money in their gardening partnership.
In other words, the meaning of English wisdom is that if a beggar sits on a horse, having never owned a horse before, he will simply drive him to death. This is exactly what many people do gardeners for years, decades, without investing anything in the development of their own SNT, becoming like a beggar who never had anything and has no idea how to handle a horse that suddenly fell from the sky. This SNT it simply falls apart and any creative activity, including on individual plots, gradually freezes and comes to naught.
Very often in this regard, you can hear a common phrase from gardeners: “ Governing body does nothing, there is no fence, no security, no water, roads are not being repaired. Why hand over money if there is no return." This phrase - question conceals an elementary misunderstanding of the main goal and task of SNT, as such. Namely:
1. Gardening, gardening, dacha non-profit partnership (cooperative, partnership) are established by citizens to solve general problems of gardening, vegetable gardening and summer cottage farming. One gardener cannot solve global resource-intensive problems. For this purpose, SNT is being created as an organization of gardeners.
From opponents you can hear further: “But I don’t need all your fuss with the organization. I can handle it myself.” I doubt that one gardener will be able to install electricity, gas, water, and other utilities, repair the access road to his plot, protect his property from thieves, and solve many other problems with local authorities and the state.
2. In order to preserve the fertility of the land and extract benefits from it, the state allocates land plots for gardening. Within these allotments, citizens are allocated individual garden plots. Driveways, streets, walkways and other infrastructure elements are organized within each section. All this, ultimately, the state assigns to gardeners on the right of common (joint) ownership, as a necessary condition for the development of gardening.
The state goes further and legislates the share of each owner in the common land property. An example of such action on the part of state authorities and self-government is the resolution of the Kaliningrad mayor’s office No. 334 of 03/07/1995 “On granting to citizens - members of the gardening partnership “Pishchevik” of the Moskovsky district the common shared ownership of public lands and ownership (or lease ) the land plots they occupy" and Resolution No. 2232 of 08/07/2002 "On amendments to the city mayor's resolutions on the provision of land to gardening partnerships and citizens - members of partnerships." In accordance with the last named resolution, each member of the SNT is legally assigned a certain share in public lands.
From all this follows one important conclusion necessary for understanding the entire SNT system:
3. If a gardener has property, then he freely possesses, uses, and disposes of it in accordance with Art. 209 “Content of the right of ownership” of the Civil Code of the Russian Federation, which constitutes the right of ownership. This right simultaneously places the burden and risk of maintaining the property on the owner (Article 210 “Burden of maintaining property” of the Civil Code of the Russian Federation).
Now try to answer the question yourself: “How can you maintain a land allocation transferred to two hundred, three hundred, a thousand... gardeners, which does not include the gardeners’ plots?” With your individual garden plots, everything is more or less clear. If you took ownership of it, it means you need something from this land, and you will exploit it in accordance with the permitted use. The same applies to other gardeners - owners of individual plots.
And who should organize the scattered individual gardeners for maintenance of public land..? Think correctly, gentlemen and comrades, the general meeting, the board and other bodies of SNT. They are also called upon to control gardeners within the limits of their competence and authority. This is confirmed by Article 14 of Federal Law-66 of April 15, 1998, where it is written in black and white that self-government bodies first select land for gardening, then form a personal list of citizens of the future gardening association. A general constituent meeting of gardeners is held. And only after state registration of SNT people are provided with land plots.
Of course, there are many old SNTs that were formed before the publication of Federal Law-66. It is important to note here that previously land plots were provided to citizens as part of the SNT. Even if they were called differently.
The arguments in favor of organizing SNT as a legal entity, given above, are not exhausted by this. We can discuss this topic further. However, let’s put an end to this by highlighting the main chain that determines the formation and functioning of SNT as an organization, as a legal entity:
Allocation of land for gardening, gardening, dacha farming presupposes the creation of an association of citizens, which is designed (to paraphrase the law a little) not only to assist in solving general social and economic problems, but also to organize the maintenance of the land in accordance with the permitted use.
This is how we slowly but surely crept up to the basis of the existence of any SNT, i.e. to the argument that the maintenance of any property involves an investment of funds, and in most cases, money.
And then we can safely say that The investment of money by gardeners in the maintenance of a land plot within the boundaries of SNT is nothing more than the periodic donation by all owners of individual garden plots of funds, called membership fees, in strict accordance with the norms of Federal Law-66 of April 15, 1998. And it is membership fees that are the basis for the existence of SNT, as an organization of gardeners, and gardeners, as owners of garden plots.
How true are all these statements? Let's figure it out.
Membership fees to SNT.
Purpose, principle of collection, size.
Membership fees are the basis of the existence of SNT
By solving general social and economic problems, SNT, as an organization, creates an infrastructure that is completely specific for this particular association.
Infrastructure- this is a set of objects, property, systems and services, management bodies necessary for the functioning and provision of normal living conditions of SNT.
From the definition it follows that only everything taken together: common property with management and control bodies, hired workers and constitute this very infrastructure that gardeners, according to Art. 210 of the Civil Code of the Russian Federation are required to contain.
Civil Code of the Russian Federation, Article 210 “Burden of maintaining property”
The owner bears the burden of maintaining the property he owns, unless otherwise provided by law or contract.
If the board and similar SNT bodies do nothing for months, years, decades, then this is not only to blame governing body, consisting of slackers, but also a general meeting of all members of the SNT, which from year to year elects slackers to the governing bodies and does not require any work from them.
It is also important to note that the board, which receives pennies for its work (this is the bare minimum that must be supported), and does not have the funds to develop and maintain the performance of other elements of the infrastructure, will not work. “I don’t care about fat, I wish I was alive,” is very accurately said for such SNT.
It would seem that membership fee and everything stated above has no connection. But that's not true. The connection is direct and immediate.
Membership fees of gardeners, precisely, are designed, based on the definition given in Federal Law-66 of April 15, 1998, to maintain the entire infrastructure of the gardening partnership. And Article 19 of this federal law only confirms this:
Federal Law-66 of April 15, 1998, Article 19 “Rights and obligations of a member of a horticultural, gardening or dacha non-profit association”
- 2. Member horticultural, gardening or dacha non-profit association must:
- bear the burden of maintaining the land plot and the burden of liability for violation of the law;
... - timely pay membership and other fees provided for by this Federal Law and the charter of such an association, taxes and payments;
Let's add an important note to subparagraph 1:
The purpose of collecting membership fees in SNT is: - creation, acquisition, reconstruction, modernization of public property owned by SNT as a legal entity;- maintenance (maintaining operability) of the SNT infrastructure.
Let's figure it out further. Suppose we have a certain amount that has been carefully calculated by the board, and which will presumably be included in the estimate with a proposal to the general meeting to approve it as an expense part of the estimate. The revenue part of the estimate and, accordingly, the size membership fees for each gardener (the estimate, its preparation and calculations of contributions will be discussed in more detail below). It is here that the general meeting has been marking time in one place for a long time, because... Due to large expenses, the SNT treasury should naturally receive large incomes, consisting of contributions from members of the partnership. Nevertheless, after trampling and letting off steam by everyone, the meeting still approves the income and expense estimate. And an accountant can now easily calculate membership fees for any gardener. And on what principle, how? On these issues, there are ongoing battles on the World Wide Web without rules of decency, without victories or defeats of the participants. Everyone remains to their own opinion. Let's try to work out the truth and put an end to the principles of collecting membership fees.
Principle of collecting membership fees
In Federal Law-66 of April 15, 1998, there is no clear definition on what basis a gardener must pay contributions to SNT. But this does not mean at all that SNT can do as the general meeting and the board please. This is exactly what many gardeners who do not read the law deeply think. But sometimes even the courts that make decisions on issues of contributions also believe that the meeting can do anything. This opinion is wrong. We'll figure it out, gentlemen and comrades.
Example: On March 29, 2010, the Taldomsky District Court of the Moscow Region in civil case No. 2-284/10 against SNT "Narcissus" on recognizing partially illegal the decision of the general meeting and the obligation to make payments from individuals according to the list, decided to reject the plaintiff's claim. Almost simultaneously with the first, a little earlier, on January 27, 2010, the Taldomsky District Court made a similar decision in civil case No. 2-99/10 against SNT "Narcissus" to declare the actions illegal and recover damages, dismissing the claim. The essence of the claims is that the plaintiffs did not like the decisions of the general meetings of SNT "Narcissus" in terms of establishing the amounts and principles for collecting membership and target fees (the decisions of the Taldom Court with the necessary comments can be seen by following this link).
When analyzing our membership issues regarding contributions, we are only interested in the general important conclusion made by the judges from the whole variety of words, sentences, legal expressions and conclusions, namely:
SNT and its members have the right to independently decide which principle of collecting membership and target fees is more suitable for your specific partnership. The main thing is to observe the following:
- the general meeting must be held in compliance with the norms of Federal Law-66 of April 15, 1998 and the charter of SNT;
- the general meeting must have a quorum, and according to the results of the meeting, properly executed minutes.
Firstly, decisions cannot be made without a comprehensive study of the legislation, and no one did this, because It should be understood that the court made certain conclusions in strict accordance with the plaintiff’s statement of claim, its evidence and the defendant’s arguments (evidence). In other words, when considering these cases, the court did not prove anything to the plaintiff and defendant. The judge only gave a legal assessment of the parties' arguments and made a decision on this basis. It is not his responsibility to comprehensively study the issue; this responsibility rests with the plaintiff and the defendant.
Secondly, in the cases with the Taldomsky court, the plaintiffs lost because they could not prove their case. Moreover, they were initially wrong, not understanding the legal norms.
Thirdly, the defendant, proof in his case, referring to just one article 21, paragraph 1, subparagraph. 10 "" Federal Law No. 66 dated April 15, 1998 on the priority of decision-making by the general meeting of SNT members on contributions was able to win.
Continuing the topic of judicial decisions of the Taldomsky District Court, we will only add that principle of collecting membership fees nevertheless, it is determined by law and does not depend on the will of the general meeting (we emphasize the principle of collecting contributions, not the amount). Even if this fact does not lie on the surface of the law in its direct presentation. This is why gardeners, SNT boards, lawyers, and “journalists” are fighting to the death, but many cannot come to a final conclusion. And you and I, dear gardener, will find all the evidence ourselves and come to the same conclusion. This will happen not because we are the smartest, but because we have on hand all the materials from all the battles and know how to draw the right conclusions from them.
1st principle: One site - 1 SNT member - one vote at the meeting - one membership fee. All membership fees are equal.
“Why,” let me ask, “in this case, the tax is taken by the state in proportion to the size of the plot, and not a single gardener has a state of war with the tax authority over the different size of taxes for his plot compared to the plots of his neighbors? And why, suddenly , out of nothing, the immediate maintenance of one’s huge plot should be calculated somehow differently?”
Let's look at the question from one more angle. The owner of a larger plot definitely receives more benefits for his loved one. This may include a larger harvest, more recreational opportunities (swimming pool, garage, chicken coop, sauna, gazebo, etc.). Some will say that this has nothing to do with SNT and public land. It has something else. SNT was created in order to combine the material and financial resources of gardeners and provide everyone with equal conditions for gardening and recreation on their plots.
If a gardener, by virtue of owning a large plot (or even several plots), receives more from his plot (s), then why should the provision of all these benefits be determined by equal contributions? A security guard, making a tour of the territory of the partnership, spends more time on a larger area; the board, fulfilling its duties even with the same amount of work, ultimately allows the owner of a larger plot to extract more material benefits for himself. Let's turn to the letter of the law.
Federal Law-66 dated April 15, 1998 Article 19. "Rights and obligations of a member of a horticultural, gardening or dacha non-profit association"
2. A member of a horticultural, gardening or dacha non-profit association is obliged to:
1) bear the burden of maintaining the land plot and the burden of responsibility for violation of the law;
If a gardener owns one plot, then the burden of maintenance is determined by one plot. If a gardener bought a neighbor’s plot, then the burden of maintaining the former neighboring plot falls on the buyer. That is, the owner of two plots must maintain 2 plots, respectively, pay 2 membership fees, or rather one contribution, but in double size. In any other case, the economic component of income in a gardening partnership will slowly but surely slide towards an increase in the size of contributions for the maintenance of the entire infrastructure society. In other words, if initially there were 100 sections in SNT and membership fees were paid from 100 sections, then this should always be the case. By the way, for the tax authority it will remain so. They don’t care at all how many SNT members remain in the partnership; the tax is calculated based on the area of the plots. Therefore, the owners who have purchased neighboring plots pay and must pay for those members who have left the SNT in accordance with the requirements of Article 18 of the Federal Law-66 “Membership in a horticultural, gardening or dacha non-profit association” and taxes and membership fees. This, if you don’t mind, is seen as social justice.
From all that has been said, the most important rule follows, confirmed by the given legislative norms:
Membership fees to SNT are calculated in proportion to the size of each owner's individual garden plot.
The membership fee is the same, but its size is different for gardeners. A gardener who owns a larger plot pays a higher membership fee.
Membership fees
Quite recently, no one in our SNT had any idea about the existing Federal Law-66 of April 15, 1998 and all the norms and actions that follow from it. But times change and not always for the worse. Get to the point! Our gardeners paid membership fees in 2010 at the rate of 200 rubles per hundred square meters. This is where this calculation ended. If you think about it, it becomes clear that these contributions had nothing to do with the actual costs of SNT in 2010. In fact, why not pay 100 rubles or 500 rubles per hundred square meters. At the meeting people suggested this. Nobody substantiated anything with calculations.
In 2011, thanks to familiarity with Federal Law-66, the general meeting of members of our ancient SNT finally adopted an income and expenditure estimate, which almost corresponds to the norm of clause 1, paragraph. 12 Article 21 " ". In this article we will not analyze the estimate element by element. It is important for us to decide on the principles for determining the size of the membership fee. And it clearly follows from the estimate.
So, the board, before the general meeting, at which the income and expense estimate was to be approved, worked out in advance (not 2 weeks in advance) the expenditure part of the estimate in all respects in strict accordance with the one given in Article 1 of Federal Law-66.
SNT expenses include all SNT expenses that society is ready to incur in the next year. These expenses will be accurately correlated with the maintenance of the SNT infrastructure and the infusion of part of the funds from contributions to a special fund. These expenses will include the salaries of the chairman, accountant, electrician, security guards, maintenance of buildings and structures, including everything common property, incl. the property that was created with targeted contributions. This also includes expenses for office supplies, trips to organizations and departments, telephone conversations, training and recertification of personnel, tax and other mandatory payments, expenses for organizing and holding general meetings, repairs of equipment, public roads, etc., etc. ., etc. In a word, the expenditure part of the estimate, which forms the membership fee, will include all those SNT expenses that do not create or develop infrastructure, but only maintain it in strict accordance with the norms of Articles 209, 210 of the Civil Code of the Russian Federation.
Property of common use (common property), created with funds from a special fund, i.e. As a rule, part of the membership fees is used to maintain the SNT infrastructure. This is the office equipment of the board, the general fence around SNT, the board building, the guards' guardhouse, the barrier at the entrances to SNT, fire-fighting equipment, etc. That is, property and objects that were not created with targeted contributions, and which, due to the method of creation or acquisition, become the property of SNT as a legal entity.
It is this property of general use, created with the help of a special fund formed from membership fees, that in the event of liquidation of SNT is divided equally among all members of SNT, because this property is not a common property. This property is not allocated or issued in parts, in monetary terms, in cases of SNT member leaving the association, sale of a plot, donation, etc. This property is transferred to the maintenance of the new SNT member along with the garden land plot from the old member (who sold, donated the plot, or otherwise transferred ownership).
Will membership fees be the same for all gardeners? The answer is obvious - no, they won’t.
- The size of the membership fee for each gardener is determined:
- the total size of the cost (expenditure) part of the SNT estimate, which includes funds allocated to a special fund and funds spent on infrastructure maintenance;
- the size of the gardener’s individual garden plot(s);
- participation (non-participation) of the gardener in the creation, acquisition, reconstruction, modernization of public property using targeted contributions.
It should be remembered: Property created with targeted contributions is maintained, despite the path of creation, with membership fees, and not with targeted contributions).
If a gardener did not pay a target fee, for example, for the construction of a power line, and his plot is not connected to a power line, then such a gardener should not and is not obliged to pay a membership fee for the maintenance of the power line.
A question may arise about the legality of charging a membership fee from gardeners who did not pay a target contribution for power lines, but, for example, use the lighting of streets and driveways in SNT in the dark. This case must be considered in the context of Article 249 "" of the Civil Code of the Russian Federation. That is, if the owners of power lines also built a lighting system in SNT at their own expense, then, for God’s sake, charity is welcome. The maximum that can be done in this situation is to distribute the electricity consumed by the lighting system equally among all power line owners.
In order for all gardeners to pay some part of the membership fee for the maintenance of the lighting system (do not confuse it with the kWh of electricity consumed by the lighting system - this is a utility payment), it is necessary to first gather SNT members for a general meeting and make a decision on the maintenance of the lighting system, of course , having agreed on this issue with the owners of power lines. At the same time, the lighting system created with the help of a special fund will become the property of SNT as a legal entity, and this property will be shared in relation to the entire power transmission line. That is, there will be shared owners of power lines (gardeners), and there will also be a shared owner of SNT. You can, of course, create a lighting system with targeted contributions from all gardeners. Then those who do not have electricity on their site will own a small piece of the power line, and those who have electricity will own a large piece. But these options are unlikely to be popular with gardeners.
But, if this happens, then according to the share in the lighting system (similar to the share of SNT in power lines), gardeners will be required to pay a membership fee for the maintenance of the lighting system (replacement of lamps, preventive inspection, electrician’s salary, etc.) Let us note that the owners Power lines will continue to pay a significantly larger membership fee for the maintenance of power lines.
As a result of all our research we have:
The final amount of the membership fee is calculated by the accountant and the SNT board in relation to:
- for gardeners in the part that concerns everyone without exception;
- for gardeners in terms of maintaining property (objects) for common use, created with targeted contributions, and owning this property (objects) by right of ownership.
This calculation will generally constitute the income portion of the SNT estimate.
The income and expense estimate certainly includes and (Article 4, paragraph 2 of Federal Law-66). But, targeted contributions are discussed on the page “Targeted contributions to SNT. Differences from membership fees, principle of collection, amount.” Everything there is detailed and laid out on the shelves.
There is another important point in the system of collecting membership fees. True, it also applies to all other fees in SNT:
You should know and remember, that the SNT board cannot and does not have the right not to take into account all gardeners, including abandoned plots, in the income and expenditure estimates. Otherwise, active members of SNT, at their own expense, stupidly support idlers who have not appeared in SNT for years. And the number of such people who do not appear is growing and will continue to grow if the active part, together with the board, does not take action against defaulters.
Losses that arise as a result of underfunding of the income portion of the estimate due to non-received payments, the board has the right and the obligation to recover from defaulters through the court in accordance with the requirements of Article 7 “Powers of a horticultural, gardening or dacha non-profit association”, Article 46 “Protection of the rights of horticultural, vegetable gardening, dacha non-profit associations and their members "FZ-66 of April 15, 1998 and articles: 210. "Burden of maintaining property", 244 "The concept and grounds for the emergence of common property", 249 "Costs of maintaining property in shared ownership "Civil Code of the Russian Federation.
In other words, by not including the fees and payments of the owners of abandoned plots in the estimate, SNT, thereby, violates the law, including the rights of all active members of the partnership (), whom the careless board forces to pay for careless gardeners.
In addition, with this arrangement of affairs on the revenue side of the estimate, the board and accountant have unaccounted money that is not provided for in the estimate. And the more of them, the better the board works with defaulters. Of course, we mean chronic defaulters, and not gardeners who are late in paying their dues for a month, two, or a year. What will happen with such unaccounted for money is up to you to imagine. There are several options: from theft to using money for the benefit of the entire partnership.
So, we have quietly sorted out membership fees in SNT: the purposes of their collection, the principles of collection, calculations of amounts. Now let's move on to the next page and arrange a debriefing on targeted contributions. And this, believe me, is an equally fascinating and even more incomprehensible area of payments in gardening associations.
HOW TO CORRECT AN ERROR IN THE NAME OF THE OWNER IN THE TITLE DOCUMENT FOR THE LAND? A client turned to us for help due to the refusal of state registration of his ownership of a garden plot of land. Can SNT take away a plot from its owner? The owner, having arrived at his plot of land, discovered that the locks on the entrance gate, house and garage had been changed. When the gardener turned to the chairman of SNT, the latter explained that the land plot was returned to the ownership of SNT based on the decision of the general meeting of SNT members and was sold to another person on terms favorable to SNT. Surprisingly, this is not a fictional and completely real story.
Membership and target fees in a gardening partnership under the new law
As you can see, the target contribution is established only for the acquisition (creation) of public facilities. If a target contribution is established for other purposes (covering legal expenses, a bonus to the chairman of the SNT board, tax on public lands, organizing a harvest holiday, etc.), the establishment of such a contribution is illegal! Thus, representing the interests of the defendant gardener in one of the cases, we achieved the dismissal of a claim to recover from him in favor of SNT a targeted contribution to cover the legal costs of SNT incurred by the partnership in legal disputes with other gardeners. 2. Who is required to pay the target contribution? The Law on Gardening Associations stipulates that joining the SNT is voluntary.
Therefore, those gardeners who do not want to become a member of SNT carry out gardening on the territory of SNT on an individual basis.
How not to pay contributions to SNT
It states that owners of land plots intended for gardening or vegetable farming must carry out mandatory procedures to determine the boundaries of the plots. The surveying procedure must be completed by the end of 2018. Therefore, there is no need to panic now; the Russians still have 1 year left to carry out land surveying.
You can do without the land surveying procedure if:
- The land was registered as property.
- There are no signs of problems with neighbors - they will not understand where the border between your plots should be.
- There are no plans to make transactions with such real estate.
In other cases, land surveying is simply necessary. It will be possible to register ownership of real estate - or make any transaction with it - in 2018, but you will only have to go through a mandatory procedure to determine the boundaries of the site.
Payment of membership fees in SNT
Members of the organization, according to Article 12 of the same law, can be:
- Only individuals.
- Owners of plots intended for horticultural or gardening activities and located within the boundaries of the territory of SNT or ONT. You should have with you the appropriate documents confirming your rights to own the site.
- Persons who have written personal statements to the board of the partnership. The document should include the applicant’s initials, residence address, postal address to which a letter can be sent, as well as an email and consent to comply with the organization’s charter.
Do not forget that the bodies of SNT or ONT must, within 3 months, issue the applicant a membership book or other documentation that confirms membership in the partnership.
If denied, the applicant must be informed that membership has been denied.
Membership fees to SNT Law 2018
Please note that in order to create SNT or ONT, a minimum of 3 votes of citizens acting as founders will be required. The decision must be made at a general meeting of owners. The bodies of the partnership include:
- Chairman.
- General meeting.
- Audit Commission.
Initially, a sole executive body is formed in the partnership - the chairman.
He is the initiator of the creation of the partnership. Next, a permanent collegial executive body is formed - the board of the partnership. Important: the partnership must include at least 7 people! In addition, at the meeting, a list of members who will be united in the new organization should be drawn up, indicating the full names, title documents and cadastral numbers of all plots.
Membership fee in SNT
To do this you must meet the following requirements:
- Have the infrastructure of a cottage village.
- Located within the boundaries of a populated area.
- All households must be classified as residential.
- The type of permitted use of land must be changed to individual housing construction for each owner.
It will be easy to register in such a village. News about SNT membership fees and taxes in 2018 - what changes are there for the wallets of summer residents, and what to expect in the future? Let's talk about innovations that relate to the financial side:
- The most important news for all gardeners and gardeners is that entry fees have been cancelled.
How much should the owner of two plots of land pay membership fees to the SNT?
To confirm receipt of funds, the payer is issued a receipt for the cash receipt order (clause 5.1 of Bank of Russia Directive No. 3210-U dated March 11, 2014 “On the procedure for conducting cash transactions by legal entities and the simplified procedure for conducting cash transactions by individual entrepreneurs and small businesses”). If the accountant, when accepting funds, does not issue a receipt for the cash receipt order, then the gardener will not be able to confirm that he has paid the fees. The fact is that confirmation of the transfer of funds can only be a written document, in this case a receipt.
Witness testimony or oral assurances do not confirm the fact of the transfer of money. How much should the owner of two plots of land pay membership fees to SNT? Thank you, Tatyana, for such a quick answer and, most importantly, correct, in accordance with the law.
Features of the new law on gardening and vegetable farming partnerships - 2019
Based on the definition of a targeted contribution (Article 1 of the Law on Gardening Associations), targeted contributions are paid only by members of the SNT. In practice, questions often arise about what fees an individual gardener should pay; should an individual gardener pay a target fee? An individual gardener is not required to pay either targeted or any other fees that are established in the SNT. The law provides only the right of such gardeners to participate in the costs of acquiring (creating) public facilities.
In this case, the amount of payment for the use of such property cannot for such gardeners exceed the amount of payment that is established for members of the SNT (Article 8 of the Law on Gardening Associations). The only thing you are required to pay as an individual gardener is the fee for the use of public facilities on the basis of an agreement concluded with SNT. 3.
What associations should we transform into? NEW LAW ON SNT AND GARDENERS Combating the diversion of the share of a joint company from the marital division and assets by an unscrupulous founder (General Director) Often, during a divorce, an unscrupulous spouse tries to withdraw the business from the division of joint property, for example, by selling shares in the joint company to third parties at reduced prices . Has the project for organizing and developing the SNT territory been cancelled? In connection with numerous questions from gardeners, our SNT lawyers explain the question of whether it is possible to organize the territory of SNT (other gardening and dacha non-profit associations of citizens), as well as to divide the land plot of such an association, to use a document such as “Organization and Development Project” or Is it finally cancelled? A word from our dacha lawyers.
Payment of membership fees in SNT according to the new law
Info
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.
Payment of membership fees in the SNT according to the new law on gardeners
Why are dacha or garden associations needed: SNT, DNT, garden or dacha cooperatives? First of all, to create comfortable conditions for using your personal plots of land, dachas, and garden houses. To meet their needs for passage, travel, water supply and sewerage, electricity, gas supply, heat supply, security, recreation and other needs, gardeners and summer residents create public property with their own money. Common property includes roads, water towers, common gates and fences, boiler rooms, children's and sports grounds, waste collection areas, fire protection and similar structures.
In SNT1, such common property is created (acquired) through targeted contributions. The law, establishing the obligation of SNT members to participate in the creation of common property, regulates the procedure for establishing targeted contributions and their payment.
material taken from the site http://za-snt.ru
internal economic
It is clear that SNT expenses are a fairly stable, well-established value, largely tied to the parameters of public property, and therefore to the size of the plots, so if five plots of land in SNT from five owners pass to one person, this will not reduce in any way, in particular, the current expenses of SNT, which will remain at the same level. But if contributions are collected equally from all members of the SNT, then they will now be distributed among fewer members, therefore, the amount of contributions for each member of the SNT will increase. This is beneficial for those who have plots or the number of plots they own more than the SNT average. Thus, “large landowners” in SNT are trying to shift the maintenance of their property onto the shoulders of the owners of smaller plots of land.
property equality of SNT members.
land plot».
in the amount of targeted contributions
membership fees
Non-payment targeted contributions
.
Arbitrage practice,
It should be noted that:
- internal matter
- has no imperative right
In recent years, the issue of the procedure for collecting contributions to SNT has been actively discussed on the Internet and in the press. At the center of the discussion is the problem of “how to collect”: should all SNT members pay equal membership and target fees, or is it possible/needed to collect fees per hundred square meters, plot, or on another principle?
The presentation of this seemingly purely internal economic, the problems of SNT, not only to the public, but also to the courts of general jurisdiction - this is the merit of a relatively small number of clever citizens who realized that it is possible to have good property in SNT and, under certain circumstances, minimize the payment for it.
Example: You purchase several plots in SNT for yourself alone and demand that you pay fees as for one plot, since, supposedly, all members of SNT have equal rights, everyone receives services from the governing bodies of SNT in the same amount, which means fees for members SNT must be equal. That is, you, having, for example, five plots or ten plots of 10 acres each, will pay the same fees as a SNT member who owns one plot of 10 acres or even half a plot (five acres). Everything is simple - both tasteful and beneficial - for your loved one.
It is clear that SNT expenses are a fairly stable, well-established value, largely tied to the parameters of public property, and therefore to the size of the plots, so if five plots of land in SNT from five owners pass to one person, this will not reduce in any way, in particular, the current expenses of SNT, which will remain at the same level. But if contributions are collected equally from all members of the SNT, then they will now be distributed among fewer members, therefore, the amount of contributions for each member of the SNT will increase. This is beneficial for those who have plots or the number of plots they own more than the SNT average. Thus, “large landowners” in SNT are trying to shift the maintenance of their property onto the shoulders of the owners of smaller plots of land.
The resolution of disagreements regarding the procedure for collecting contributions moved to the judicial level. Unfortunately, disputes between SNT members and gardening partnerships are considered not in arbitration courts, but in courts of general jurisdiction. This is somewhat illogical, since more and more often these disputes affect issues of economic and business activities of SNT, and in terms of jurisdiction, such disputes should fall within the competence of economic (arbitration) courts, but today Article 2251 of the Arbitration Procedure Code of the Russian Federation does not classify SNT as subjects of arbitration proceedings relations in cases of corporate disputes, although non-profit partnerships are classified as such entities. It seems that there is a flaw here by the legislator, who has not yet adequately taken into account the scale, complexity and importance of the activities of the SNT.
The courts of general jurisdiction first listened to the voice of the “oppressed landlords” of the SNT. To some extent, this was justified by the fact that initially in the Federal Law of the Russian Federation “On gardening, gardening and dacha associations of citizens” dated May 15, 1998 - the main law currently in force regulating the activities of SNT - when creating gardening associations, a member of such an association was provided only one plot of land, that is, when the SNT was created, all its members were equal in terms of property - each owned only one plot and under these conditions had equal rights and obligations, including property ones. The above-mentioned norm was provided for in Part 2 of Art. 15 Federal Law of the Russian Federation “On gardening, gardening and dacha associations of citizens” was the only norm of this law that directly indicated property equality of SNT members.
However, Federal Law No. 118-FZ of June 26, 2007 introduced significant changes to the Federal Law of the Russian Federation “On gardening, gardening and dacha associations of citizens”: in particular, the above-mentioned Part 2 of Art. 15 Federal Law of the Russian Federation “On gardening, gardening and dacha associations of citizens” has lost force since July 3, 2007. Thus, from July 3, 2007, the only basis for property equality of SNT members provided for by law was canceled.
Social relations and economic conditions existing in 2010-2011 are fundamentally different from 1998, the year of adoption of the Federal Law of the Russian Federation “On horticultural, gardening and dacha associations of citizens.” As a result of the abolition of the above Part 2 of Art. 15 Federal Law of the Russian Federation “On horticultural, gardening and dacha associations of citizens” and the implementation by members of SNT of transactions for the purchase and sale of land in gardening partnerships, a situation often arises when SNT members are in an unequal position, primarily in terms of land ownership. There are people who own one plot, and there are owners who own two, three, four plots. There are plots that are jointly owned by two or even three persons.
The unequal property status of SNT members (that is, for example, ownership of an unequal number of plots with a separate number according to the general plan or shared joint ownership of one plot with a separate number according to the general plan) gives rise to inequality in terms of the rights and obligations of SNT members
. And the mechanism for implementing property inequality in the rights and obligations of SNT members is not only not prohibited, but is also provided for by the norms of the Federal Law of the Russian Federation “On horticultural, gardening and dacha associations of citizens” dated May 15, 1998.
Nowhere, not in Art. 1, 16, 18, 19, nor in other articles of the Federal Law of the Russian Federation “On horticultural, market gardening and dacha associations of citizens” dated May 15, 1998, no not a single direct indication of the law, not a single word that members of the SNT have the same rights and responsibilities.
On the contrary, para. 1) part 2 tbsp. 19 Federal Law of the Russian Federation “On gardening, gardening and dacha associations of citizens” dated May 15, 1998 indicates that a member of the SNT "obliged to bear the burden of maintaining land plot».
Two plots - double burden, three plots - triple burden. Art. 210 of the Civil Code of the Russian Federation also provides that the burden of maintaining property owned by the owner is borne by the owner himself.
SNT members are owners of not only land plots. According to the law, the common use property of SNT, created (acquired) with targeted contributions from its members, is located jointly owned by SNT members(Part 2 of Article 4 of the Federal Law of the Russian Federation “On horticultural, gardening and dacha associations of citizens”). Consequently, SNT members also bear the burden of maintaining common property. Moreover, the volume of the burden of maintaining public property in the SNT is directly dependent on the number of plots owned by a member of the SNT, which is confirmed by paragraph. 6) Part 1 Art. 19 Federal Law of the Russian Federation “On gardening, gardening and dacha associations of citizens” dated 05/15/1998: a member of the SNT, when alienating a garden plot, simultaneously alienates to the acquirer a share of the common property within the SNT in the amount of targeted contributions . If a SNT member purchased two plots in the same SNT, then he simultaneously has the right to two shares in common property, jointly owned by SNT members. Accordingly, it must contain both of these shares in the common property of SNT.
SNT members bear the burden of maintaining common joint property primarily by paying membership fees. According to para. 7 tbsp. 1 Federal Law of the Russian Federation “On gardening, gardening and dacha associations of citizens” dated May 15, 1998, membership fees are funds periodically contributed by members of the SNT to pay for the labor of employees who have entered into employment contracts with such an association, and other current expenses of such an association. Many items in the current cost estimates are directly related to the number of plots owned by a member of the SNT. In particular, these are the costs of paying for outdoor lighting (the number of outdoor lighting poles is directly proportional to the number of plots), the costs of winter road cleaning (the length of roads to be cleared is also directly proportional to the number of plots), garbage removal (more plots owned by one person - more buildings, more the size of the farm, more waste), the salary of an electrician (directly proportional to the length of power lines and the number of poles, and, consequently, the number of sections), etc.
So, for example, if one member of the SNT owns two plots of 9 acres each (according to the master plan), the total length of the borders of which along the streets is, for example, 60 meters, then his share in the maintenance of common property (in the current expenses of the SNT ) you have to pay for clearing snow and maintaining power lines and poles in a usable condition, as well as roads over a length of 60 meters. For comparison: the neighboring plot of 9 acres, owned by one owner, stretches along the street for only 30 meters. If the owner of two plots and the owner of one plot pay the same membership fees, it turns out that the owner of the larger plot maintains his two shares in the common property at the expense of the owner of the smaller plot, and this is essentially unjust enrichment.
Non-payment targeted contributions in SNT for each land plot with a separate number according to the general plan also has serious negative legal consequences. Land plots are negotiable and divisible. If a member of the SNT owns several plots with separate numbers according to the general plan, acquired by him from the previous owner/owners, then, as stated above, he always has not one, but several shares in the common property, since together with these plots the previous owner of each of plots transferred to this member of the SNT his share of common property in the amount of targeted contributions made by the previous owner in accordance with paragraph. 6, part 1 art. 19 Federal Law of the Russian Federation “On gardening, gardening and dacha associations of citizens” dated 05/15/1998.
If a member of the SNT does not pay targeted contributions for any of several land plots owned by him, he thereby does not create/increase the share of common property attributable to this plot. In the event of subsequent alienation of such a plot, which does not account for a share of the common property, the rights of the potential buyer to become a member of the SNT are violated, since he will not be able to become a member of the SNT, because it is impossible to collect targeted contributions for already created property from newly joining SNT members, according to the decision Solnechnogorsk City Court dated 04/05/2007, and no one will accept persons who do not have a share in public property as members of the SNT - why share your property for free? Failure to pay targeted contributions for each of the negotiable plots also violates the rights of SNT as a legal entity, since it deprives it of the opportunity to increase the number of its members.
Thus, failure to pay targeted contributions for each land plot by SNT members who own several negotiable land plots is contrary to Part 3 of Art. 17 of the Constitution of the Russian Federation that the exercise of human and civil rights and freedoms should not violate the rights and freedoms of other persons.
In addition, the Federal Law of the Russian Federation “On gardening, gardening and dacha associations of citizens” dated May 15, 1998 does not contain any prohibitions regarding the principle of collecting contributions to SNT.
In addition, the system of levying contributions on property grounds (for example, as a percentage of monthly earnings, scholarships, pensions) is widespread in various non-profit organizations, such as public organizations (parties) and trade unions, which, like SNT, are non-profit organizations under Russian law and in which members of these organizations have equal rights and obligations, but the amount of contributions they pay is not the same and depends on the current property status each individual member of the organization. So, for example, according to the Instructions on the procedure for paying and accounting for monthly trade union dues in the trade union organization of St. Petersburg State University, drawn up on the basis of Art. 28 of the Law of the Russian Federation “On trade unions, their rights and guarantees of activity”, the amount of monthly trade union dues is set at 1% of monthly income. Another example: according to paragraphs. 2.3 and 2.4 of the Charter of a non-profit public organization - the Communist Party of the Russian Federation - its members have equal rights and obligations, but in accordance with clause 10.7. According to the Charter of the Communist Party of the Russian Federation, membership fees are paid by members of the Communist Party of the Russian Federation in the amount of at least 1 percent of income.
Thus, equality of rights and obligations of members of a non-profit organization does not automatically entail the payment of equal membership and other contributions.
Considering all of the above, as well as the relevance of the issue of paying contributions to SNT, Legislatures are also taking steps for the settlement of disputed legal relations. Thus, the State Duma is currently considering bill No. 444626-4, presented by State Duma deputies G.V. Kulik, A.N. Khairullin, V.A. Dubovik. and others, referred to as “On Amendments to the Federal Law of the Russian Federation “On Gardening, Trucking and Dacha Associations of Citizens” (in terms of bringing the content of the Federal Law “On Gardening, Trucking and Dacha Associations of Citizens” in accordance with the norms of legislative acts of the Russian Federation
). The bill is undergoing a second reading and although it has not yet been adopted and has not become law, its text shows legislator's line of thought. In particular, this bill No. 444626-4 proposes to add to paragraph. 11) Part 1 Art. 21 the following changes: “Contributions and payments, as a rule, are calculated in proportion to the area of the occupied land plot”.
According to the current legislation of the Russian Federation, the procedure for collecting membership and other fees in non-profit organizations is the right and internal matter of a legal entity - the non-profit organization itself and is determined by its Charter and decisions of the governing bodies of the non-profit organization.
Article 21 of the Federal Law of the Russian Federation “On gardening, gardening and dacha associations of citizens” dated May 15, 1998 in this regard gives broad powers to the general meeting of SNT members, without establishing any restrictions on the competence of the general meeting: Paragraph 10) Part 1 of Art. 21 Federal Law of the Russian Federation “On gardening, gardening and dacha associations of citizens” dated May 15, 1998 establishes that the exclusive competence of the general meeting of SNT includes making decisions on the formation and use of the property of such an association, on the creation and development of infrastructure facilities, as well as establishing the size of target funds and related contributions. Paragraph 18th century 21 Federal Law of the Russian Federation “On gardening, gardening and dacha associations of citizens” dated May 15, 1998 authorizes the general meeting (meeting of authorized representatives) to consider any issues of the activities of such an association and make decisions on them.
Arbitrage practice, taking into account the objective change in property legal relations in SNT, it also recognizes the rights of SNT as a legal entity and takes into account the realities of the economic practice of gardening partnerships.
The law enforcement practice of Russian courts of general jurisdiction in connection with resolving the problem of the principles of collecting contributions is reflected, in particular,
- Decision of the Taldomsky City Court of the Moscow Region dated March 29, 2010 in civil case No. 2-284/10 on a claim to recognize partially illegal the decision of the general meeting of SNT “Narcissus”,
- Determination of the Judicial Collegium of the Moscow Regional Court dated May 20, 2010 on the cassation appeal against the above-mentioned decision of the Taldom City Court, case No. 33-9748,
- Decision of the Taldomsky City Court of the Moscow Region dated January 27, 2010 in civil case No. 2-99/10 in a claim against SNT "Narcissus" for declaring actions illegal and collecting damages,
- Ruling of the Judicial Collegium of the Moscow Regional Court dated March 16, 2010 on the cassation appeal against the above-mentioned decision of the Taldom City Court, case No. 33-5068.
The above decisions of the Taldom City Court established that:
- the law does not provide for the procedure for paying membership fees and their amount;
- consideration and resolution of this issue falls within the competence of the general meeting of the SNT in accordance with Article 21 of the Federal Law “On horticultural, gardening and dacha non-profit associations of citizens”;
- the court is not a body with the authority to interfere in the economic activities of gardening partnerships, and therefore does not have the right to oblige SNT to establish the amount of contributions according to a different principle, including depending on the number of members of the partnership - individuals.
The judicial panel of the Moscow Regional Court confirmed the legality and validity of these court decisions of the Taldomsky District Court.
To briefly summarize the above, It should be noted that:
- establishing the principles (procedure) for collecting contributions to SNT is internal matter SNT as a legal entity and its rights;
- deciding on the principle of collection of contributions relates to exclusive competence of the general meeting SNT and is decided by a majority of SNT members in accordance with the general principles of civil law, including the principles of reasonableness and justice, reasonable management;
- courts are not bodies with the authority to interfere in the economic activities of SNT, and has no imperative right impose one or another procedure for collecting contributions on SNT.
Thus, SNT and its members, without any doubt, have the right to independently decide which principle of collecting membership and target fees is more suitable for a particular garden partnership. The main thing is that the general meeting (meeting of authorized representatives) of SNT:
- was carried out in compliance with the requirements of the Federal Law “On gardening, gardening and dacha non-profit associations of citizens” and the Charter of SNT,
- had a quorum and properly executed minutes drawn up by authorized persons.
So take action, SNT, and good luck to you!