What the chairman of a gardening partnership should know. Gardener's Association. Horticultural Associations Act. Can I install a greenhouse on my site

Federal Law 66-FZ of 15.04.1998 indicates the rights of members of summer cottages and horticultural associations and their responsibilities. Community members have right:

take part in elections or be elected in association board, in control or others;
exercise or SNT and exit from them;
receive information about the work and persons performing control functions;
to carry out on his allotment all the necessary economic actions permitted by its intended purpose;
erect residential buildings, outbuildings, ancillary structures in accordance with the legal requirements of all departments that exercise control over this type of activity;
dispose of their land at its own discretion if it is not withdrawn from circulation for legal grounds or there are no restrictions on the site;
when selling, donating or changing an allotment, transfer to the recipient all part of ownership owned by him, a property share in the form of a share contribution, except for the part that is in the property fund of the community that is not subject to division;
receive a mandatory share, consisting in the common use of community members, if a decision is made to liquidate the community;
go to court if actions were committed that hurt the interests of the participant and violate his rights, for example, an illegal decision was made at a general convocation of participants or a meeting of representatives;
get out of composition of participants on a voluntary basis and conclude an agreement with the partnership regarding the further use of all communication networks, roads and facilities common use;
take other actions if they do not contradict the norms and requirements of the law.

In case of violation of the rights of a participant in the partnership, this person has the right to apply to the court to protect his interests. This can be expressed in:

damages and material and moral damage caused;
rebuilding the applicant's rights and the state of affairs before the violation was committed;
invalidation of the decision made;
classifying the transaction as null and void.

If you are guilty of violations executive, then it is superimposed administrative penalty.

Obligations of a member of a horticultural or summer cottage partnership

Certain obligations are also imposed on the member of the association. Duties of a member and dacha associations the following:

keep your allotment in good condition, pay, fees and carry liability for violations of the provisions of the current legislation;
be responsible for the community's commitments subsidiary, in the part of the debt, which relates to unpaid additional contributions for each;
observe the rights and interests of other members of the community;
exploit the area only according to its intended purpose without causing damage to the territory as a natural and economic complex;
comply with all prescribed modes, restrictions, perform the necessary agrotechnical procedures, not violate the order of use;
pay on time, the amount of which is negotiated at the general convocation of the participants;
master the allotment no later than three years from the date of receipt, if another period is not determined by the norms of the law;
observe all regulations adopted in relation to the allotment - urban planning, ecological, fire-prevention;
take part in all community activities, including general ones;
execute decisions made at the general convocation of the members of the association or a meeting of representatives;
comply with other requirements that are established by law and the charter of the community.

If violations are related to causing harm to the allotment or it is not for its intended purpose, then the gardener or summer resident may be assigned administrative penalty in the form of a fine or deprivation.

An example of the rights and obligations of members of a horticultural (dacha) partnership

Andrey Petrovich, was the owner of the site when he entered Garden community... A year later, the man urgently needed money, and he decided to sell the area, however, before the deal was concluded, he decided to notify the head of SNT.

The chairman said that upon the sale, the buyer of the land will not receive the rights to operate the common property and communications.

Nevertheless, Andrey Petrovich sold his plot as planned. Yuri Yakovlevich became the new owner of the site - former employee the prosecutor's office of the Irkutsk region. Having decided to conclude an agreement with the partnership on the use of the common property of the association, the man faced an unexpected refusal from the chairman of SNT to conclude this agreement. As a person who is not by hearsay familiar with the letter of the law, Yuri Yakovlevich made a statement of claim to compel the chairman of SNT to conclude an agreement. The court unconditionally took the side of the applicant, pointing out the bad faith of the chairman's actions. After this precedent, other SNT participants initiated a general meeting, at which Yuri Yakovlevich was elected as the new chairman of the dacha partnership.

Conclusion

As a result, a number of conclusions can be drawn:

Powers and obligations of the participants of the partnership are specified in the relevant federal law, and they must be recorded in the organization's charter.
Rights are understood as the ability of a community member to dispose of his allotment, as well as public facilities. For violation of rights, a citizen can receive compensation or demand restoration of their powers.
Duties imply the implementation of actions aimed at the rational use of land, maintaining its condition, compliance with existing regulations.

The most popular questions and answers to them on the rights and obligations of members of a gardening (summer cottage) partnership

Question: Hello, my name is Daniel and I am a member of the dacha community... The leadership of the organization constantly tries to involve me in participation in events held within the community. I do not want to participate in them, and sometimes there is no time.

Tell me, can I somehow refuse this? Maybe you should write a statement to the chairman or are there other options? Thanks in advance for the advice.

Answer: Hello Daniel. Alas, but according to Art. 19 of the Federal Law 66-FZ from 04/15/1988, it is your responsibility as a member of education to participate in all activities organized by the community, including general meetings.

Writing a statement to refuse such procedures is not stipulated by law. Moreover, such a provision is necessarily indicated in the charter of your organization.

Federal Law "On the conduct of gardening and horticulture by citizens for their own needs and on amendments to certain legislative acts Russian Federation"(Hereinafter referred to as the new law), adopted at the end of July 2017 (No. 217-FZ), even by its name indicates the changes caused by its appearance. 39 previously adopted legislative acts were amended and supplemented at once. Apparently, for this reason, the date for the entry into force of the new law was postponed until January 1, 2019, with the establishment of a transitional period for a period of 5 years from the date of entry into force for the completion of certain reorganization procedures.

The main goal of the new law, which replaced the Federal Law "On horticultural, vegetable gardening and dacha non-profit associations of citizens" (in this regard, no. 66-FZ, which has become invalid), can be considered as an attempt to resolve the situations that have developed in the "dacha economy" of the country, in which, somewhere successfully, somewhere not very efficiently, 60 million gardeners, summer residents and gardeners are working for their own benefit, and this is, no less, almost half of the Russian population.

The most painful issues causing great criticism, as lawmakers found out during the preparation of the law, which began in 2014, were the following:

a plurality of organizational forms of dacha and horticultural associations (DNP, SNT, various horticultural and dacha cooperatives and other options, all together representing 9 independent legal forms non-profit associations of citizens created for running a suburban economy)
hateful extortions in the form of membership and other types of contributions, which are not uncommon for many gardening and dacha associations
former administrative persecutions for the construction of residential buildings in garden and summer cottages, and, accordingly, the impossibility of registration (registration) in capital buildings erected on the sites, absolutely suitable for living
the high cost of drilling and construction of water wells in horticulture or in individual areas, the cost of which translates into impressive sizes (from 1 million rubles to 2.5 million rubles) and without which, in the absence of a centralized water supply, staying at the dachas becomes simply unthinkable
lack of real support from municipalities to existing and emerging new dacha and garden associations to provide them with engineering communications.

How does the "garden constitution" rather than the dacha solve the problems?

To understand what changes the new law brought and how it affected the life of summer residents, we will review its main provisions, commenting on some features.

New organizational forms of non-profit associations of citizens for running a suburban economy

The new law excluded such a legal organizational form of citizens' associations as a "summer cottage non-profit partnership" general principles of organization local government in the Russian Federation "," About state registration real estate "," On mortgage (mortgage of real estate) "," On specially protected natural areas "," On agricultural cooperation "and in whole line other laws have already been introduced and will be amended accordingly.

The complete use of the concept of dacha partnerships should disappear in 1.5 years, but it is unlikely that the familiar words "dacha" and "dacha residents" will disappear from the everyday vocabulary during this time. Oh, they are very dear. Historically introduced into life since the time of Peter I, who gave his entourage for their great services to the Fatherland land for estates in the magnificent environs of St. Petersburg, they came into use through the word "dacha", meaning the action of the tsar (as a derivative of the verb "to give").

New law eliminated the artificially formed and still existing difference between dacha and horticultural partnerships created in accordance with the already mentioned Federal Law "On horticultural, gardening and dacha non-profit associations of citizens" and established only 2 types legal status country associations of citizens:

horticultural non-profit partnerships (SNT)
gardening non-profit partnerships (ONT)

The rights of individuals who do not wish to join a partnership are set out below. In the meantime, let's consider what's new in SNT and ONT.

The horticultural non-profit partnership and the horticultural non-profit partnership are types of real estate partnerships.

New garden and vegetable garden plots, as before, are formed from the land settlements or from agricultural land. Each horticultural or horticultural land plots can be included in the boundaries of only one horticultural or horticultural territory.

Gardening or horticulture on garden or vegetable garden plots located within the boundaries of the territory of the partnership can be carried out by the rightholders of the plots in the following organizational and legal forms:

with participation in partnerships,
without participation in partnerships.

In accordance with the new law, it is established that a partnership can be formed with a minimum number of members of 7 people (part 2 of article 16 of the new law). If the requirement for the number of members of the partnership is not met, then such a non-profit association may be liquidated by a court decision:

at the suit of the state authority of the constituent entity of the Russian Federation,
at the claim of a local government body at the location of the territory of gardening or truck farming,
at the claim of the owner or copyright holder of a garden or vegetable garden plot located within the boundaries of the territory of gardening or horticulture.

When the partnership is liquidated, the general use property of the partnership (with the exception of common-use real estate owned by the partnership and remaining after the satisfaction of creditors' claims) is transferred to the owners of the plots located within the boundaries of the SNT or ONT territory:

in proportion to their area,
regardless of whether these persons were members of the partnership (paragraph 1 of Article 28 of the new law).

The law also defines provisions concerning:

the grounds and procedure for admission to the partnership,
the rights and obligations of the members of the partnership,
grounds for termination of membership;
the rights and obligations of the management body of the partnership,

which are devoted to several chapters and articles of the law, including Article 8, which reveals the main provisions of the Charter of the partnership.

The supreme body of the partnership is general meeting its members. It is competent if more than 50% of the members of the partnership are present at the meeting. The decisions of the general meeting of the members of the partnership are made by a qualified majority of at least 2/3 votes of the total number of the members of the partnership present at the general meeting.

The governing body of each of the new types of partnerships is, in general, the previous body, but with partially changed powers:

the chairman representing the sole executive body,
permanent collegial board executive body with a maximum number of at least 3 people, but not more than 5% of the number of members of the partnership, which not only creates a certain convenience in the "manageability" of the board itself by the members of the partnership, but also reduces the amount of membership fees for the maintenance of the board with a reduced number,
audit committee(auditor), accountable to the general meeting of the members of the partnership.

The board of the partnership is accountable to the general meeting of SNT or ONT. The governing body will be elected for 5 years, and not for 2 years, as it is now and until January 1, 2019. Despite a noticeably longer term of office, by decision of the general meeting of the members of the partnership, it will be possible to remove the chairman or careless members of the board for careless work and re-elect at any ripe moment.

A meeting of the board of a partnership is legally competent if at least half of its members are present. The decisions of the board of the partnership are taken by open vote by a simple majority of votes of the members of the board present. In case of equality of votes, the vote of the chairman of the partnership is decisive.

Possibility to change SNT to HOA

By decision of the general meeting of SNT members, the owners of garden plots have the right to change existing species associations into a homeowners' association (HOA). The organizational and legal form of the partnership of real estate owners in this case does not change, but the main requirement for such a procedure is the compliance of the HOA with the norms of the housing legislation of the Russian Federation governing the creation of an HOA with the simultaneous satisfaction of the following conditions:

the gardening area is within the boundaries of the settlement,
residential buildings are located on all garden plots located within the boundaries of the gardening area.

Changing the type of a horticultural non-profit partnership (SNT) to a homeowners association (HOA) is not considered a reorganization (paragraph 2 of Article 27 of the new law).

Possibility of changing SNT or ONT for another type of partnership activity

A horticultural or horticultural non-profit partnership can change the type of activity, again by the decision of the general meeting:

for the production, processing and sale of crop products,
other activities not related to gardening and horticulture and allowing the creation of a consumer cooperative.

Creation production cooperative is a reorganization of the previous organizational and legal form of SNT or ONT (paragraph 1 of Article 27 of the new law), which means that it requires changes to the USRN.

Is it necessary or not to change documents for legalized buildings during the transition period and after?

For the transitional period, which will stretch for 5 years, that is, until January 1, 2024, the new law determined the following provisions:

DNPs, dacha cooperatives, dacha farms, gardening partnerships and other non-profit organizations of citizens created before January 1, 2019 do not need to be reorganized.
From January 1, 2019, the requirements of the new law will apply to all previously created horticultural or summer cottage non-profit partnerships, as well as gardening non-profit partnerships, even before their statutes are brought in line with the new law:
1. or in accordance with the regulations on horticultural non-profit partnerships,
2. or in accordance with the provisions on gardening non-profit partnerships.
Bringing the constituent documents of horticultural or dacha non-profit partnerships and gardening non-profit partnerships created before the introduction of the new law is carried out after the entry into force of the new law through the introduction of changes:
1. in the constituent documents (title, charter and other documents) and registration of these changes in the USRN,
2. in this case, changes in the names of non-profit associations are not required, but can be carried out at the request of the interested parties,
3. a change in names does not require amending the title and other documents containing their previous names.
Buildings on garden plots registered in the USRN before 01.01.2019 with the designation "residential", "residential building" are recognized as residential buildings:
1. replacement of previously issued documents for those registered in the USRN until 1.01. 2019 buildings or amending the documents for them, changes in the USRN records, as well as the replacement of the names of real estate objects is not required,
2. replacement of documents and names of buildings can be performed at the request of the copyright holders of real estate objects.
Non-residential buildings located on garden plots, buildings for seasonal use, intended for recreation and temporary stay of people and not being outbuildings and garages, registered in the USRN until 1.01. 2019, are recognized as garden houses:
1. replacement of previously issued documents for those registered in the USRN until 1.01. 2019, the specified buildings or changes in the documents for them, changes in the USRN records, as well as replacement of the names of objects are not required,
2. replacement of documents and names of the listed buildings can be performed at the request of their rightholders.

Register of members of the partnership

The distribution of plots between the members of the partnership is carried out on the basis of the decision of the general meeting of the members of the partnership in accordance with the register of the members of the partnership.

Garden and vegetable garden land plots that are in state or municipal ownership are provided to citizens in ownership free of charge in cases established by federal laws, laws of the constituent entities of the Russian Federation.

The register of members of the partnership must be formed within 1 month from the date of state registration of SNT or ONT in the USRN (Article 15 of the new law). The register is created by the chairman of the partnership or an authorized member of the management board.

The register of members of the partnership contains the following information:

about the members of the partnership,
cadastral (conditional) number of each land plot, the copyright holder of which is a member of SNT or ONT (after the distribution of land plots between the members of the partnership).

The members of the partnership are obliged to provide reliable information necessary for maintaining the register, and promptly inform the chairman of the partnership or an authorized member of the management board about the change in information.

Failure to comply with the requirement to provide information, a member of SNT or ONT bears the risk of imposing the costs of the partnership on him due to the lack of up-to-date information in the register.

The principle of territorial subordination of partnerships

The law introduced the principle of territorial subordination, which prohibits the operation of several partnerships with a common infrastructure and one common territory on the same territory. In other words, a gardening partnership within a gardening community cannot appear.

The goals of introducing this principle are quite obvious:

exclusion of situations of "pulling" the advantages in using, for example, a transformer box belonging to one legal entity, and a fire reservoir belonging to another legal entity, that is, located on the territories of different legal entities (partnerships), but providing electricity and water to each of these partnerships ,
establishment of legal relationships between partnerships for the use of engineering infrastructure and common areas,
management of common property within the boundaries of the territory of horticulture or horticulture may be carried out by only one partnership.

Since the introduction of the new law, the owners of garden or horticultural land plots located within the territory of SNT or ONT have the right to create only one horticultural or horticultural non-profit association. Its boundaries should be determined in accordance with the territory planning documentation:

the territory planning documentation, prior to its approval by the municipal authorities, must be approved by the decision of the general meeting of the members of the partnership,
preparation and approval of the project for the planning of the territory for the gardening partnership is not required, and the establishment of the boundaries of garden land plots and the formation of garden land plots and general-purpose land plots within the boundaries of the ONT territory are carried out in accordance with the approved land survey project.

When preparing documentation for the planning of the territory for a partnership, land plots that simultaneously meet the following requirements are included in the boundaries of the territory of horticulture or horticulture:

the plots are owned by the founders of the partnership,
plots form a single, inseparable element planning structure or a set of elements of the planning structure located on the territory of one municipality.

When forming new horticultures and vegetable gardens and preparing documentation for the planning of their territory, the boundaries of their territories also include:

plots that are in state or municipal ownership and not provided to citizens and legal entities (their total area must be at least 20% and not more than 25% of the total area of garden or vegetable garden plots falling within the boundaries of the territory of gardening or truck farming),
plots and territories of common use, determined in accordance with land legislation and legislation on urban planning (the formation of land plots of general purpose is carried out in accordance with the approved project for land surveying of the territory).

It is forbidden to establish the boundaries of the territories of horticulture or horticulture, restricting or terminating free access from other land plots to common areas, or to common land plots located outside the boundaries of the territories of partnerships being formed.

Common property in SNT and ONT

One of the tasks of SNT and ONT is the management of public property located within the boundaries of the territory of gardening or truck farming and belonging to the members of the partnership.

To common property located within the boundaries of the territories of horticultural or gardening associations, refers to immovable property that simultaneously meets the following 2 conditions:

property created or acquired after the entry into force of the new law,
this property belongs to the owners of land plots on the basis of common shared ownership in proportion to the area of their plots.

Such property represented by objects capital construction and general purpose land, used exclusively for the needs of gardeners and gardeners.

The list of needs includes:

passages and driveways to the territory
supply of heat and electric energy, water, gas
drainage
security
collection of solid municipal waste and other needs
movable things created (created) or acquired for the activities of a horticultural or horticultural non-profit partnership

General purpose land plots related to public property are formed during the development of documentation for the planning of the territory of gardening or truck farming.

The rightholders of land plots located within the boundaries of the territory of gardening or truck farming use general-purpose land plots for passage and travel to their land plots on the following conditions:

free,
free of charge.

No one has the right to restrict the access of the rights holders of the plots to their land plots.

The new law attributed to the main goals of creating common property:

use by all rightholders of land plots located within the territory of SNT or ONT for their own needs,
placement on common areas of other common property (for example, sports or children's playgrounds, their equipment, etc.).

Common property SNT or ONT may also belong to the partnership on the basis of ownership or other rights permitted by civil law.

After the registration of the partnership in the USRN, the rightholders of the plots included in it can, at a general meeting with the presence of 100% of the members of SNT or ONT, decide on their desire to acquire shares in common property as property, and on a gratuitous basis and without allocating a share in kind.

After registration in the USRN of ownership rights to a share of common property in the territory of the partnership, each of the owners of such a share inevitably increases its tax base.

By decision of the general meeting of SNT or ONT members, public property can be transferred free of charge to the municipality or to the state property of the constituent entity of the Russian Federation, in the territories of which the partnership operates, subject to the following conditions:

the general meeting of the members of the partnership made a decision on the transfer of property,
property, according to the law, can be in state or municipal ownership,
there is the consent of all owners of garden and vegetable garden plots, who have formalized the right of common shared ownership of common property for its transfer to the municipality or into state ownership.

The real estate property of common use, which is in the ownership of the partnership, cannot be levied. In the event of the liquidation of the partnership, such property is transferred free of charge into the common shared ownership of the owners of garden or vegetable garden plots located in SNT or ONT, in proportion to their area. The transfer is made regardless of whether the owners were members of the partnership (paragraph 2 of article 28 of the new law).

Transactions with shares in common ownership of common property

In transactions with garden and vegetable plots, accompanied by the transfer of ownership of these real estate objects, the share in the common ownership of common property from the previous owner is transferred to the new owner.

The owner of a share in common ownership of common property does not have the right to:

alienate a share separately from the ownership of your garden or vegetable plot,
perform actions that entail the transfer of a share separately from the ownership of one's own garden or vegetable garden plot.

The terms of the agreement, according to which the subject of the transaction appears:

transfer of ownership of a garden or vegetable garden land plot without transfer of a share in common ownership of common property,
transfer of ownership of a share in common ownership of common property without transfer of ownership of a garden or vegetable garden plot,

are null and void (if the owner of the garden or vegetable plot owns such a share).

Contributions to SNT and ONT

The new law establishes only 2 types of contributions that must be made by members of SNT or ONT in the bank to the current account of the partnership (Article 14 of the new law):

membership
target

You don't have to pay an entrance fee.

The lists of tasks on which contributions can be spent are limited. So, membership fees can be spent exclusively for the economic needs of the partnership, associated with the following tasks:

with the maintenance of the property of the general use of the partnership, including the payment of rent payments for this property,
with carrying out settlements with supplying organizations - suppliers of heat and electric energy, water, gas, sewerage on the basis of contracts concluded with these organizations,
with settlements with the operator for the management of solid municipal waste on the basis of contracts concluded by the partnership with these organizations,
with improvement of general purpose land,
with the protection of the territory of gardening or truck farming and ensuring fire safety within the boundaries of such territory,
with conducting audits of the partnership,
with the payment of wages to members of the management board with whom the partnership has concluded employment contracts,
with the organization and holding of general meetings of members of the partnership, with the implementation of decisions of these meetings,
with the payment of taxes and fees associated with the activities of the partnership, in accordance with the legislation on taxes and fees.

Concerning earmarked contributions, then the possibilities of spending them are more diverse. They are associated with the following tasks:

with the preparation of documents necessary for the formation of a land plot that is in state or municipal ownership, in order to further provide the partnership with such a land plot,
with the preparation of documentation for the planning of the territory of gardening or truck farming,
with the conduct of cadastral works to enter into the USRN information about garden or vegetable garden plots, general-purpose land plots, about other real estate objects related to public property,
with the creation or acquisition of common-use property necessary for the activities of the partnership,
with the implementation of measures outlined by the decision of the general meeting of the members of the partnership.

The total annual fee will be equal to the sum of the annual target and membership fees of a member of the partnership.

The obligation to make contributions applies to all members of the partnership. In case of evasion of payment of contributions, they are collected by the partnership from a member of SNT or ONT in judicial procedure.

Those individual gardeners and gardeners who did not want to become members of SNT or ONT are now obliged to pay contributions on an equal basis with members of associations (Article 5 of the new law). Failure to pay is fraught with the same consequences as for members of SNT or ONT. This is one of the differences between the new law and the previously existing law on summer residents, which allowed individuals to make payments for the use of various resources (electricity, water, gas, if it is supplied, as well as for garbage collection and security) in an amount that is less than that of members partnerships, and not pay contributions to the salaries of the chairman and members of the board of SNT or ONT. Under the new law, individuals have other rights - the opportunity to participate in general meetings of members of partnerships, to vote on the issues of establishing the frequency and size of contributions. No, as before, only the right to participate in the election of the chairman and members of the board.

The charter of SNT or ONT may provide for cases of changes in the size of contributions for individual members of the partnership, taking into account:

different amount of use of common property depending on the size of the garden or vegetable garden plot,
the total area of real estate objects located on such a land plot,
the size of the share in the right of common shared ownership of a land plot or real estate objects located on it.

In general, the amount of contributions is determined on the basis of the partnership's receipts and expenditures and the financial and economic justification approved by the general meeting of the partnership's members. Also, the charter may establish the procedure for collection and the amount of penalties in case of late payment of contributions. Failure to pay penalties, as well as non-payment of contributions, entails their collection in court.

What is allowed to build on garden and horticultural plots?

New construction of capital residential buildings for permanent residence, according to the introduced law, is permitted only on garden plots and only if such land plots are included in the territorial zones provided for by the rules of land use and development (PZZ), for which:

town planning regulations were approved,
in accordance with the city regulations, the limiting parameters of the permitted construction are established.

Although the construction of residential buildings on the garden plots of residential buildings was allowed even before the new law came into force, registration in them turned into "Sisyphean labor" with a positive result only by a court decision, which recognized the residential building as capital and suitable for permanent residence.

The new law not only fully legalized such construction, but also the registration of its inhabitants in a residential building, even if it was built or will be built in the future on a plot of 6 acres.

In addition, the new law simplified the procedure for transferring an existing garden (that is, non-capital building) house to a capital residential building and vice versa.

Garden plots should only be used for growing fruits and vegetables, but outbuildings can nevertheless be erected on them.

Those developers of garden plots who managed to build on them, as allowed by Federal Law 66 (Article 33), “non-capital residential buildings” and even register ownership of them in the USRN, were just lucky, since under the new law they will not be considered arbitrary construction. Such cases affected, in particular, plots and buildings on land allocated at one time by the Ministry of Defense.

To exclude ambiguous interpretations about plots and buildings on them, about common property and contributions that will be used from January 1, 2019, all concepts are specially deciphered in the law (Article 3 and Article 23 of the new law):

garden plot- one that is intended for recreation of citizens and (or) growing by citizens for their own needs, agricultural crops with the right to place garden houses, residential buildings, outbuildings and garages
garden house- a building for seasonal use, designed to meet citizens' household and other needs associated with their temporary stay in such a building (to build garden houses it is possible without any permissions and approvals)
residential building (object of an individual housing construction) - in the case when land plots are included in the territorial zones provided for by the rules of land use and development, in relation to which urban planning regulations have been approved, providing for the possibility of such construction (Article 23 of the new law with accompanying explanations), while:
1. a residential building means a detached building with no more than 3 above-ground floors, no more than 20 m in height, which consists of rooms and premises for auxiliary use, intended to satisfy citizens' household and other needs associated with their residence in such a building, and not intended to be divided into independent real estate objects,
2. within a period of no later than 1 month from the date of completion of the construction or reconstruction of an individual housing construction facility or a garden house, the developer must submit to the local government a notice of the completion of construction or reconstruction (Article 16 of the Federal Law No. 340-FZ, as well as parts 16-21 of Article 55 of the Urban Planning RF Code),
outbuildings- sheds, baths, greenhouses, sheds, cellars, wells and other structures and buildings (including temporary) designed to satisfy citizens' household and other needs
garden plot- one that is intended for recreation of citizens and (or) the cultivation of crops by citizens for their own needs with the right to place outbuildings that are not real estate objects intended for storing inventory and harvesting agricultural crops,
common property- located within the boundaries of the territory of the citizens of gardening or horticulture for their own needs:
1. capital construction objects,
2. general purpose land plots,
3. movable things created (created) or acquired for the activities of a horticultural or horticultural non-profit partnership;

common property (passage, passage, supply of heat and electric energy, water, gas, water disposal, security, collection of solid municipal waste and other needs) is used exclusively to meet the needs of citizens engaged in gardening and horticulture;

general purpose land- land plots that are common property:
1. such areas are provided for by the approved documentation for the planning of the territory,
2. such plots are intended for general use by rightholders of land plots located within the boundaries of the territory where citizens conduct gardening or horticulture for their own needs,
3. such plots may be intended for the placement of other common property;
contributions - cash contributed by citizens who have the right to participate in the partnership (members of the partnership) to the settlement account of the partnership for the purposes and in the manner determined by this Federal Law and the charter of the partnership;
territory where citizens conduct gardening or horticulture for their own needs(hereinafter referred to as the territory of horticulture or horticulture) - the territory, the boundaries of which are determined by the approved documentation for the planning of the territory.

On the construction of water wells in garden and vegetable gardens

With regard to the construction of water wells on garden plots, in accordance with the new law (Article 31), amendments have been made to the Federal Law “On Subsoil”.

The Subsoil Law has been supplemented with Article 19 2, according to which:

horticultural and horticultural non-profit partnerships and rightholders of garden or vegetable garden plots located within the boundaries of their territories SNT or ONT are granted the right to use a subsoil plot of local importance for the extraction of groundwater used:
1. for the purposes of domestic water supply,
2. for personal, household and other tasks not related to the implementation of entrepreneurial activity,
extraction of groundwater can be carried out in a simplified manner:
1. without carrying out a geological study of the subsoil,
2. without conducting a state examination of mineral reserves,
3. without geological, economic and environmental information on the subsoil plots provided for use,
4. without coordination and approval of technical projects and other project documentation to perform work related to the use of subsoil,
5. without providing evidence that the partnerships have or will have qualified specialists, the necessary financial and technical means for efficient and safe work.

The main requirement in the construction of wells is the need to comply with the rules for the protection of groundwater bodies, as well as the basic requirements for rational use and protection of subsoil.

Thus, non-profit organizations created for gardening, truck farming or dacha farming prior to the entry into force of the new law have the right to extract groundwater for domestic water supply to these non-profit organizations until January 1, 2020 without obtaining a license for the use of subsurface resources. The compulsory well licensing requirement will come into force on January 1, 2020.

Forms and procedure for support by public authorities and local self-government bodies for gardening and horticulture

The new law (Article 26) introduces the obligations of municipalities to develop their municipal and investment programs to support horticulture and horticulture, providing, in addition to educational work to popularize horticulture and horticulture, or the introduction of special units engaged in the implementation of regional and municipal policies to support gardening and horticulture, solving such very important tasks as:

organization of supplying partnerships with thermal and electric energy, water, gas, water disposal, fuel supply,
financing of complex cadastral works in relation to cadastral quarters within the boundaries of which the territories of horticulture or horticulture are located,
gratuitous acquisition into the state ownership of a constituent entity of the Russian Federation or into municipal ownership of public property (roads, electric grid facilities, water supply, communications and other facilities) located within the territory of horticulture or horticulture - in accordance with the statements of the partnership or participants in common shared ownership of property common use of property,
providing, on a priority basis, state and municipal support to citizens who have the right to an extraordinary, priority or other preferential purchase of garden and vegetable garden plots,

State authorities of the constituent entities of the Russian Federation and local self-government bodies have the right to support the development of gardening and truck farming in other forms established at the local level in accordance with the legislation of the Russian Federation.

The authorities have the right to use federal budget funds for these tasks.

Registration in garden houses

Until January 1, 2019, it was possible to register at the dacha only by a court decision, which had to recognize the house as capital, suitable for permanent residence.

After January 1, 2019, registration of citizens will be possible, provided that the building is located on a garden plot and is registered in the USRN as a residential building.

You cannot register for permanent residence in the garden house.

Recognition of a garden house as capital and suitable for permanent residence can equate it, by design, with an individual residential building, which, in turn, may mean its status as a second residential property.

In this regard, in addition to the appearance of a full-fledged tax on such a property, those people who built it can be evicted from apartments where they permanently reside under social employment contracts and are excluded from the housing queue.

But the initial situation seems to be more "interesting" - the procedure for transferring a garden house to the housing stock is currently not fully defined. When the government will specify it, it is also not clear.

Conflicts between the new law and other laws

First collision

The new law defines 2 new types of partnerships (SNT and ONT), and in accordance with The Civil Code RF (Article 123.12), the creation of such a partnership as TSN is allowed only to those citizens who also own a plot of land that owns a share in common property, which includes roads, power grids, water pipes, etc.

Common property, as determined by the new law, can or belong only to a partnership. or, by decision of the general meeting of gardeners or truck farmers, it can be transferred free of charge to local municipalities and state authorities. In other words, with such a transfer of common property, its owners deprive themselves of the right to solve problems of property management and development of common areas at their own discretion.

Second collision

In accordance with the law "On registration of real estate" (No. 218 FZ), the only confirmation of ownership of the property is an entry in the USRN. To date, at least 50% of gardeners and truck farmers in Russia have not yet taken care of this record and have limited themselves only to the possession of such documents for us land as:

membership books confirming only participation in the general land acquisition for gardening (truck farming) or a purchase of plots made much earlier on such rights,
old certificates, decisions of heads of administrations on the provision of land plots, any state acts on the provision of land plots.

The percentage of such owners in the total mass of summer residents and gardeners is very high. For example, in 2017 in St. Petersburg there are 300 gardening and vegetable gardens, but only about 100 of them have registered their land ownership. In the Leningrad Region, where there are more than 3000 such partnerships, the percentage of non-privatized land is much higher.

Even if the plots were previously put on cadastral registration and they were assigned cadastral numbers as previously recorded in the State Property Committee until 2008, then, without being included in the USRN, as required by Federal Law No. 218 (paragraph 3 of Article 70), which entered into force on January 1 2017, such plots should be removed from the cadastral register, recognized as ownerless and become the property of municipalities. The users and owners of such plots, therefore, will regularly join the ranks of those poor fellows who still admire their gardening membership books.

As a result, it turns out that “superfluous” summer residents, gardeners and gardeners fall out of the field of vision of the new law and that a very small number of people have the right to create SNT and ONT, and only those who not only entered the property record for the plot in the register (USRN ), but also has in possession, as required by the new law, also a share in common land included in the USRN. And the new law did not establish the procedure for making entries in the USRN concerning gardening and horticulture. And all this despite the fact that in horticulture and horticulture people still have a variety of land documents. A situation more than reminiscent of a squirrel running in a wheel. Gardeners and gardeners planning to be in SNT or ONT can become "squirrels" in the bureaucratic wheel, as is clear.

Third collision

The third collision is associated with the variety of interpretations of the article about the possibility of gardening and truck farming without the formation of a legal entity.

Although the new law introduced an article, according to which it is allowed to conduct gardening and horticulture without forming a legal entity, nevertheless, it seems "vague" and allows for ambiguous perception:

individuals cannot register a settlement, which means that they will not have to rely on municipal support measures,
individuals, "honored" with the obligation to pay dues and the right to participate in general meetings of the partnership with their votes, must "interact with the municipalities", which, nevertheless, will not create any infrastructure for them (as they say, "the collective farm is a matter of course voluntary, but we will not tolerate individuality ”).

Fourth collision

It is about the provision on shares in common property. According to the new law, all 100% of the owners of sites in SNT or ONT at their general meeting must decide on their desire to acquire shares in common property:

neither the regulations nor the conditions are specified under which such a meeting of land owners in partnerships (not all members of the collective, namely the owners) can be recognized as authorized,
the impossibility in the reality of holding a meeting, which must be attended by 100% of the owners of sites in SNT or ONT.

As a consequence of the indicated disadvantages of the provisions on shares in common property, negative consequences in their consequences are not excluded when:

common land may be in the possession of a legal entity (partnership) and its founders, who at such general meetings approve, in particular, estimates, contributions, etc.,
all the owners of the plots who remain "outside the distribution board" will be obliged to maintain this legal entity and common property, pay for the acquisition of this property, but they will not become its owners and members of the partnership.

Fifth collision

There is some confusion with the transition period introduced by the law. The transition period will last until 2024. At this time, the accompanying laws will change. At the same time, from the beginning of 2019, SNT and ONT should use their charters only in that part of them that will not contradict the new norms that have been changing over 5 years. It is somehow difficult to link together these two provisions of the new law, which are mutually exclusive, spelled out as “to execute cannot be pardoned.

Lyudmila Golosova, Chairperson of the Trade Union of Russian Gardeners, shares her opinion on the new law:

Results of consideration of the draft law by the State Duma in the 3rd final reading - adoption of the law

On July 20, 2017, the State Duma adopted in the third, final reading, the law regulating the conduct by citizens of gardening, truck farming and dacha farming for their own needs (Federal Law No. 217-FZ).

Consideration of numerous comments and amendments received during the discussion of the draft law resulted in significant changes reflected in the law.

Let us note once again the main provisions of the law:

now only 2 types of country partnerships will exist:
1. horticultural
2. gardening,
all partnerships will have to go through re-registration, decide what type they are:
1. the decision about who to be (gardeners and gardeners) is made by the general meeting of the partnership,
2. based on the results of the general meeting, submit an application to Rosreestr,

contributions to new SNT and ONT:

contributions can be of only 2 types - membership and target,
there will be no entrance fees,
contributions must be transferred to the current account of the partnership,
cash contributions are not allowed,
the size of membership and targeted contributions is determined on the basis of a financial and economic justification approved by the general meeting of the members of the partnership,

the minimum number of members of the partnership is 7,
the chairman can now be elected for 5 years, and not for 2 as before, and an unlimited number of times, and in order to "overthrow" him, you need to hold an extraordinary general meeting at the request of at least 1/5 of the total members of the partnership,
the members of the board of the partnership and their relatives cannot be members of the audit commission,

partnership documents must be kept for 49 years,

members of the partnership have the right to get acquainted with the accounting statements,

if copies of some documents are needed, then the members of the partnership can receive them for a fee established by the general meeting, but this fee should not exceed the cost of making these copies, and the issuance of copies of documents to the authorities is free of charge,
members of the partnership are obliged to comply with the decisions not only of the general meeting, but also decisions made by the chairman of the partnership and the board of the partnership;
the concept of "dwelling house" was introduced, which excludes the definitions of "dacha", "country house", "dacha economy" - this was done in order to prevent legal uncertainties,
a garden house can be transferred to a residential building (for example, to obtain the right to register in it) and, conversely, a residential house can be transferred to a garden house (for example, to reduce real estate tax), but you will have to justify one or another degree of capital of the garden or residential house , in accordance with the established requirements and rules,
capital structures cannot be erected on garden plots - only temporary garden houses that are not real estate objects can be erected on them,
the difference between gardeners and gardeners, according to the new law:
1. gardeners can build residential houses on the site and register with them,
2. gardeners can only build garden houses for seasonal living,
if the majority of the members of the partnership wish to become gardeners, then it will not be necessary to demolish the already built full-fledged residential buildings (not seasonal), but at the time the law enters into force, the ownership of the buildings must be registered,
if the ownership of residential buildings is not registered, then such houses will have to be broken, disassembled or rebuilt into garden houses,
owners of plots with unregistered buildings need to know that in the near future it is planned to legislatively establish five times more land tax - in this regard, a corresponding draft law is being developed (on tax code, according to which the value of the identified real estate objects will be determined as the cadastral value of the site on which the unregistered buildings are located, multiplied by a certain coefficient),
it was established that the maximum area of common land (including land plots along which roads are laid and there are power transmission poles necessary for installing a transformer, garbage dump, boarding house, arranging a playground, organizing public spaces between fences where members of the partnership can walk and communicate) is up to 1/4, that is, 25% of the area that is occupied by all personal land plots taken together,
common property belongs to the members of the partnership on the basis of shared ownership in proportion to the area of their plots (the owners of large shares will have a higher tax, which is unlikely to please them, but for other gardeners and gardeners such a tax situation will probably please, but the joy will be relative, since their taxes: nevertheless, will increase, since they still have to pay for their share of the collective property;
it is allowed to conduct gardening and horticulture without forming a legal entity, and if the right holders of land plots wish to be members of the partnership, such an opportunity is offered to them by law (both for land owners and for citizens who have the rights of perpetual use or lease of land plots),
spelled out the powers and responsibilities of non-profit organizations created for gardening, truck farming and dacha farming:
1. for the convenience of voting, intramural and extramural forms of holding general meetings of members of the partnership are introduced,
2. the opportunity for general meetings of the members of the partnership on a voluntary basis to decide on the free transfer of part of the property of common use (roads, power grid facilities, water supply, communications and other facilities) into state or municipal property - in other words, collective property, according to the new law, is possible not to divide into shares, but to give it entirely to some legal entity (for example, to transfer the transformer and networks to the energy company, and the roads to the municipal authorities), and such a decision may become very expedient, since the members of the partnership are relieved of the concern for the maintenance and repair of their collective property,
3. in case of non-payment of contributions for more than 2 months, a member of the partnership may be expelled from the partnership, but he will still use the common property (electricity, expensive, garbage) and pay for this as much as the members, having lost only the right to vote at the general meeting,
the concept of "boundaries of the territory of a partnership" has been improved: it has been replaced by "the territory where citizens conduct gardening or horticulture for their own needs", since the size of the common property, which is in common share ownership and is managed by the partnership, depends on the territory of gardening or horticulture,
the definition of the concept of "property of common use" has been concretized, possible types and purposes of using such property have been established, which will reduce the risk of the appearance in partnerships of property that is not related to its activities,
for persons who are rightholders of land plots, but have not entered the partnership, the following are provided:
1. the obligation to pay for the acquisition, creation, maintenance, current and major repairs of public property, as well as for services and work on the management of such property in amounts equal to those established for the members of the partnership,
2. the right to use property of common use located within the boundaries of the territory of horticulture or truck farming, on an equal basis and in the amount established for the members of the partnership,
3. the right to take part in voting at the general meeting of the members of the partnership on issues related to the disposal of common property;
in relation to associations created before the adoption of the law and being the owners of property in common use, the transitional provisions provide for the obligation to submit to the general meeting of members of the partnership for consideration by the general meeting of members of the partnership the issue of transferring such property to the common shared ownership of land owners,
the procedure for licensing wells of partnerships has been simplified - the requirement for their compulsory licensing comes from January 1, 2020 (an article is introduced into the Law on Subsoil that fixes the norms for the extraction of groundwater by horticultural organizations and organizations have the right to produce for the purposes of domestic water supply until January 1, 2020 without obtaining a license for the use of subsoil).

An important merit of the new law lies in the desire to respect the rights of both those gardeners who do not want to be members of horticultural associations, and those who are supporters of this form of farming. The law became a document not about legal entities, but about the relationship of citizens who run garden and vegetable gardening. It is planned to enter into force on January 1, 2019. Until that moment, gardeners, summer residents and gardeners will be in a transitional period, adapting to the new rules.

This video material testifies to the stormy discussion of the bill in the final third reading in the State Duma:

Good to know

What is interesting about the "forest amnesty" for land owners - read
Read about the possibility of building a residential building on farm land.
You can familiarize yourself with the calculation of taxes on real estate under the new rules of 2019.

Regardless of what kind of situation prevails on the territory of one or another SNT, often gardeners characterize the Chairpersons in about the same way: they collect contributions to the "black box office", they themselves and his entourage do not pay contributions, bought a new car and put up a new fence, becoming the Chairman , does nothing, but receives a salary, etc.

Of course, anything can happen in life, but is it so, let's figure it out together.

CHAIRMAN of SNT is an elective office.

Chairmen are not born, they become.

When the time comes for the election of the Chairman of SNT, every gardener thinks something like this "... the dacha for me is a place of rest, WHY SHOULD I be humped at someone?" or "... let it be ANYONE, but NOT ME!"

As a result, they choose the one who risked nominating himself or the one who could be persuaded by all together. Serious work begins for the newly made chairman, with legal responsibility for every step taken. In a short time, he must find out what losses in wires are, where they come from, what is taxed and what is not, how often the grass needs to be mowed and what will happen if this is not done, why only a licensed organization can take out garbage, how to collect debts in court and much more. That is, they elected a person from the crowd as the chairman, and the requirements as a builder, power engineer, lawyer and accountant rolled into one.

RESPONSIBILITY of the Chairman of SNT.

SNT is non-profit organization nevertheless it entity therefore, the tax office and foundations do not give any favors to partnerships. As well as an enterprise created to make a profit, SNT is obliged to maintain accounting records and report on time. And work "on a voluntary basis" does not exempt either from the obligation to submit reports, nor from liability for failure. A minimum of 18 reports must be submitted per year if wages are not paid and at least 29 reports if paid ...

In practice, in case of admitting various violations, the checking authorities write out instructions for their elimination, for non-compliance with which administrative responsibility is threatened and a fine is imposed. First of all, on an official, i.e. on the Chairman.

For more serious offenses (committed intentionally or not) in the conduct of financial and economic activities, the Chairman may be threatened with more serious consequences, up to criminal liability.

What and why is being done in SNT
"HOW IT WILL COME", not "HOW IT IS PROVIDED".

The most common reason for conducting financial and economic activities in SNT "as necessary" is because of the savings, which the gardeners themselves "push" to the Chairman. They capriciously set a bar for the amount of contributions, beyond which the board tries not to go beyond when drawing up estimates, without conducting explanatory work about the essence of what is happening.

As a result, contributions collected from gardeners in cash are accounted for "in the black box", and in tax office"zero reports" are submitted. Which in itself is a direct violation of the law!

Here are the frequently encountered violations, which are the "shadow" side of the financial and economic activities of SNT:

Not wanting to objectively study the requirements of the current legislation, gardeners impose such a policy on the board, forcing, in fact, to follow their lead. And that means breaking the law! The paradox is that in words, sometimes unfounded and biased, gardeners condemn the Chairman for the consequences!

Although it should be the other way around. Based on the requirements of the law and the fact that the chairman is responsible for everything, it is he who must formulate the requirements taking into account the lower bar of what is necessary to comply with the rule of law and legal security: the minimum wage, deductions to funds for this wages, the amount of tax on common land, banking services, etc.

Starting from January 1, 2019, most of the "saving" methods will no longer be applied. According to Federal Law No. 217-FZ dated July 29, 2017. all contributions will have to be collected only to the current account of the partnership.

This means that it will not be possible to pay for mowing grass "in an envelope" or buy a car of gravel without documents, since everything will have to be paid from the current account.

Payment for services or purchase of materials must be justified and covered by relevant documents. And not by acts of the board, not by the Chairman's notes and not by receipt of cash orders without the attachment of cash receipts, but by official Agreements with contractors and closing Acts to them.

What does the Chairman of the Board of SNT do in practice?

Conducting financial and economic activities.

The chairman's job is not only to develop an estimate and execute within the framework of what has been approved. The most difficult thing in this case is to make sure that exactly what has been developed is approved.

It should be borne in mind that the estimate is approved by the majority, and contributions are paid in different ways. That is, half pays on time, a quarter after three warnings, and another quarter will pay only by a court decision. pay attention to this moment, making claims to the work of the Management Board.

Considering the above, the most difficult thing in conducting financial and economic activities is that expenses are clearly regulated and limited, and the receipt of contributions in the planned amount is not guaranteed.

In addition to the wishes of the gardeners themselves, the state also has a certain set of requirements for the maintenance of SNT infrastructure facilities.

We are talking about installing a gate or a barrier, signs and signs at the entrance to SNT, organizing a site for collecting and removing garbage, mowing grass around the perimeter of the partnership and on public lands, the mandatory presence of a fire reservoir on the territory of the partnership with an equipped entrance to it, about land surveying of public lands, well licensing and much more.

Maintaining the Register of Members.

The chairman of the SNT is obliged to keep the Register of Members (Article 19.1 66-FZ), which is information resource Board and Audit Commission. Also, the register of members can be kept by an authorized member of the board, but in practice, the register is the work of the chairman.

It is created in order to streamline the accounting of information about members of SNT and citizens engaged in gardening, horticulture on an individual basis.

According to the information contained in the Register, the number of SNT members is determined, and, accordingly, the quorum for holding general meetings.

Debtor Relations.

According to statistics, in every partnership there are abandoned plots, the owners of which are pathological defaulters. And also from 10 to 40% of the total number of gardeners who use their plots, also being debtors.

Arrears of contributions form a huge "hole" in the SNT budget, so working with debtors is an important part of the Chair's work.

It has been sacred for Russians over the course of more than one generation. The activities of associations of gardeners and gardeners are regulated by FZ number 66, which was adopted in the country back in 1998. According to this law, all summer cottages partnerships are non-profit associations, have their own The charter and the governing body - general meeting, which elects the Board, its Chairman and. To create them, you need the desire to unite at least three citizens who decide to create SNT.

The date of creation of the partnership is the moment when information about the association of gardeners and truck farmers is entered into Unified State Register of Legal Entities which is required.

The main SNT document regulating the activities of the association is The charter... It is approved and accepted on. It is based on a typical form, which is adjusted in accordance with local circumstances. All provisions of the Charter must comply with the requirements of the current legislation. The document describes the management structure of the company, terms and procedure for their election, rights and obligations, as well as goals, objectives and rules of the internal order of SNT. The purpose of creating non-profit associations of gardeners and gardeners is to unite collective efforts to solve social and economic problems. are created to address urgent issues. They keep records on the expenditure of funds of a non-profit association, are engaged in the allocation of land belonging to SNT, garbage disposal with and other issues related to the organization of the life of dacha villages and cooperatives.

Features of the election of the board of a partnership

Such documents are subject to mandatory accounting and storage. The form of voting when choosing the board of SNT is secret unless otherwise provided in the Articles of Association. The law prohibits the election of members of the Board open vote... The law establishes the term for the election of the management body of the partnership. It is limited to two years. The number of members of the Management Board is determined by the general meeting during the formation of the Charter of the company and is fixed in its provisions. The same document determines the number of members of the Auditing Commission and the procedure for its election.

Re-elect the bodies of the Management Board of the company possible by convening members of the community. It can be initiated by at least 1/5 SNT participants or the Revision Commission. A refusal to hold such a meeting, according to the current legislation, may be a violation of the convocation procedure. This procedure is established in the Articles of Association. In the absence of violations, the meeting must be held within 30 days from the moment of making a decision on its convocation.

The reason for the convocation of an extraordinary meeting of SNT may be not only the unsatisfactory work of the bodies of the Board of the association, but also the withdrawal from its composition of the former members, as well as other reasons provided for The charter of the partnership... Decisions at meetings are made by a majority of the members of the partnership, unless otherwise provided in the Charter. The meeting is considered valid and competent if there is a quorum of the members of the society - more than half its participants.

Powers of the Board of the Partnership

The SNT board is a governing body that makes all decisions collegially and is elected by the members of the non-profit association at their general meeting. Elections are held in accordance with the Charter of the SNT. The collegiality of the management of the partnership is determined by the current legislation. Job description chairman of the board of a horticultural partnership limits his power and administrative functions. He does not have the right to make decisions that are important for SNT alone.

The work of the SNT Board and its Chairman should be aimed only at fulfilling the decisions of the meeting of the members of the partnership. The role of the Chair is reduced to organizing and coordinating the work of the members of the Management Board... Within the competence of the Board of SNT - convocation of meetings of the partnership.

The Board carries out operational management of the activities of the non-profit association and may be engaged in planning its economic activities. It amounts to expense estimates necessary costs, disposes of the assets of SNT within the limits of its powers, which are described in the Charter. The responsibilities of the Board include organizing accounting and completing the relevant reporting of the community, as well as other issues.

The decision and activities of the SNT Board can only be aimed at fulfilling the goals defined by its members. All of them must comply with the current legislation of the Russian Federation. On the members of the Board and The Chair lies the responsibility for its implementation and monitoring of compliance.

Rights and obligations of the chairman of the board of a horticultural (dacha) partnership

The rights and duties of the President SNT board is dedicated. Along with the specified norm, legal status The chairman is also determined by the charter of the partnership.

Based on the Articles of Association, the Chairman can act on behalf of the partnership. For this, he does not need a power of attorney from SNT. Constituent documents societies give the Chairman the right to sign all documents related to financial and economic activities SNT. The competence of the Chairman of the Management Board includes the conclusion of transactions and agreements, which may be of a different nature. The main duty of the Chairman is to respect the interests of SNT, promptly resolve current problems and take care of the normal activities of the association.

Responsibility of the chairman of the board of the partnership

Activity of the Chairman of the Board of SNT not only honorable, but responsible. Causing harm to the partnership, abuse of their powers and violation of the norms of the current legislation while the Chairman is in office can lead not only to his re-election, but also to prosecution. The latter can be material, disciplinary, administrative and even criminal. The decision on the choice of the form of bringing the Chairman to responsibility is made exclusively by the court, on the basis of the statement of the members of the partnership.

Conclusion:

All SNT are non-profit associations of citizens.
A partnership can be created at least three people.
A prerequisite for the existence of SNT is registration.
The board of the partnership is carried out on the basis of Of the Charter.
The main governing body of SNT is the meeting, which elects the members of the Management Board and the Audit Commission, as well as the Chairman.
SNT activities are regulated FZ number 66 which was adopted in 1998.

The most popular questions and answers to them at an extraordinary meeting of a gardening (country) partnership

Question: Hello, my name is Elena. SNT members collect annually funds for the needs of the partnership... The sums are rather big, but there are no tangible cases. How can you check the spending of the collected funds?

Answer: Hello, Elena. The Chairman of the Board of SNT must annually report on the financial and economic results of his work. If this does not happen, then each member of the partnership has the right to go to court with statement of claim that he was obliged to do this in a compulsory form. If the Chairman's activities turn out to be illegal and harm SNT, he can be held accountable and compensated for the damage caused to the partnership.

Adopted last summer the federal law No. 217-FZ "On the conduct of gardening and horticulture by citizens for their own needs" clarified the rights and obligations of the chairman of SNT. They will come into force in 2019. Both the current and the new law endows the general meeting of the partnership with supreme power. According to the new law, he is elected by the general meeting from among the members of the SNT for a period of no more than 5 years.

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

Organizes and presides over board meetings with the frequency provided for by the SNT charter.
If at a meeting of the board the votes of its members are distributed equally, then the vote of the chairman is decisive.
Interacts with banks and has the right of first signature on financial documents, if they do not require the approval of the general meeting or the board.

Performs various transactions. Acts as an employer, concluding and terminating employment contracts.
Acts as a representative of SNT in the authorities, as well as in legal relations with third parties in court.
Considers applications of members, partnerships, issues powers of attorney, signs protocols and certifies them with a seal, conducts office work.
Provides a countdown of its activities, which is reviewed and approved by the general meeting of SNT.

Under the new law, the chairman is charged with other, not so responsible duties, such as issuing membership cards. He also has to guide registered letters warnings to debtors on membership fees on the possible termination of their membership in the partnership. Regarding the creation and maintenance of the register and the preparation of extracts from it, this time-consuming work may be entrusted to a member of the board.

A separate issue in the new law is the salary of the chairman.

Now the general meeting of SNT has the right to determine the terms of its payment. Currently, this issue is being resolved in different ways. More often than not, work in an elective position is not considered work and therefore is not paid. The new law provides for the need to pay for the work of the chairman, but conclude labor contract with it is optional. Moreover, even if the general meeting decides not to pay, it is obliged to discuss this issue with a record in the minutes. In any case, the difficult work of the chairman will be more effective if he receives money for it, and not only respect and honor.

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