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

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

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

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

• Quorum
• Counting votes
• Shadow Leaders

How can these barriers be overcome? What tactics should you take? You can find our recommendations below.

SNT meeting quorum

The problem of lack of meeting quorum is one of the most serious problems for any SNT. It hinders the adoption of legitimate decisions and, when the process is delayed, leads to financial bankruptcy and the actual collapse of SNT.

Law "On horticultural, vegetable gardening and dacha non-profit associations of citizens" No. 66-ФЗ dated 04.15.1998, art. 21, item 2, paragraph 7 reads:

A general meeting of members of a horticultural, vegetable gardening or dacha non-profit association (meeting of authorized representatives) is competent if more than fifty percent of the members of such an association and not less than fifty percent of authorized representatives are present at the said meeting.

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

66-FZ of April 15, 1998 clearly prescribes the requirements that must be taken into account when working with authorized representatives (see Chapter V of the Federal Law-66 of April 15, 1998, Article 20, clause 2). The most expedient in a partnership is the development of a separate "Provisions on authorized persons", which provides, among others, procedures for recalling authorized representatives and control over the members of the partnership who elected them over their activities (for voting and decision-making). This problem is easily solved by the rule of law, i.e. the right of any member of the SNT to be present at the general meeting of authorized representatives with an advisory vote. Those. Until the meeting makes a decision, no one is prohibited from speaking, proposing, discussing, etc. any item on the agenda.

Members of the SNT who have elected an authorized person have the right to withdraw his candidacy at any time if he does not express their opinion, which should be written in the charter. It is impossible not to foresee this moment, tk. this requirement of the same 20 Art. Law "On horticultural, vegetable garden and summer cottage non-profit associations of citizens." The article of the Charter, by the way, shows one of the options for resolving the issue of authorized persons in the SNT, without resorting to creating a separate Regulation.

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

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

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

So the board, doing everything preparatory activities, appointed a date for the general meeting. At the appointed time, the gardeners came to the meeting. Any normal board begins a meeting with a registration process, during which it is determined whether a quorum has been met or not.

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

The assembled members of the SNT have the right to hold the meeting and the right to make a decision at it. In other words, the general meeting can discuss the agenda and make decisions on it. This decision will be valid and mandatory for all members of SNT and individual gardeners (if it concerns them), provided that decisions are made that do not contradict the legislation of the Russian Federation, FZ-66 of 04/15/98, the SNT Charter is also a norm of Law No. 66 -FZ.

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

It follows from this that the assembled members of the SNT have no right to hold a general meeting, which means they have no right to make any decision other than the decision: to go home.

All decisions of the meeting are made by open vote, when SNT members vote by show of hands. The main problem here is twofold:

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

The solution to this problem can be a simple introduction of voting cards, which are issued to each member of the SNT when registering on the list before the beginning of the meeting. Each member of SNT receives a set of cards of three colors upon registration:

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

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

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

A deceased member of SNT is automatically deprived of his membership, and hence the right to vote. In this case, the Charter should also regulate the rule according to which the deprivation of ownership is the basis for the automatic loss of membership in SNT (Article 18 of the Federal Law-66 "Membership in a horticultural, vegetable garden or summer cottage non-profit association").

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

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

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

Shadow Leaders

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

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

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

What to do? How to meet the interests of the majority and achieve the intended goals?

First. Any meeting must be prepared in advance. Remember: failing preparation is preparing failure. You must not only decide on the agenda and prepare reports and documents, but also develop tactics for holding the meeting, its rules.

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

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

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

general meeting of the gardening non-profit partnership "DRUZHNY-2"

of June 3, 2018

According to the project of the organization, there are 388 land plots

Withdrawn from gardening over the past period 17 participants

Lists for registration 371 participants

The meeting is attended by 188 participants,

Agenda:

1. About changes in the composition of members of horticulture.

2. Election of authorized general meeting of SNT "Druzhny-2" for 2018-2019.

4. Report of the Audit Commission on the audit of the financial and economic activities of the Management Board for the reporting period.

5. Conducting the election of the composition of the board and the audit commission of horticulture.

6. On the installation of devices for the remote data collection system on electricity consumption on all land plots in 2018-2020 and participation in the competitive selection for the provision of subsidies as part of the implementation of the subprogram "Development of gardening and dacha non-profit associations of residents of St. Petersburg" of the state program of St. Petersburg "Social support of citizens in St. Petersburg" for 2015-2020 ".

7. On the enactment of the new law N 217-FZ of July 29, 2017 "On the conduct of gardening and truck farming by citizens for their own needs and on amending certain legislative acts Russian Federation"And amendments and additions to the Charter of SNT" Druzhny-2 ";

8. Approval income and expense estimates and membership fee for 2018-2019

Listened : information of the chairman of the credentials committee Govorukhina O.A. based on the results of registration of meeting participants.

Decided: approve the protocol of the credentials committee (Appendix # 1) and hold the meeting in the form of a general reporting and election meeting.

1. Listened: Changes in the membership of horticulture.

For various reasons, 17 participants dropped out of the horticulture sector over the past period.

Decided: On the basis of the completed documents, admit heirs and members (former members) of the family who retired from gardening as members of the Druzhniy-2 Gardening Non-Profit Partnership and exempt from payment of entrance fees:

Olga Vladimirovna Bogdanova (Northern Alley 9 S - 952 m 2)

Novikov Anton Ivanovich (Lesnoy lane 7 S - 936 m 2)

Oborina Svetlana Grigorievna (North Alley 48 S-1009 m 2)

Orlov Andrey Viktorovich (South Alley 44-b)

On the basis of the completed documents, to accept as members of the Gardening Non-Commercial Partnership "Druzhny-2", who have received rights to land plots on other grounds and have paid the admission and membership fees to the cashier of the partnership:

Garbar Nelly Vladimirovna (Central Alley 6 S-1104 m 2)

Ilyin Andrey Vladimirovich (Central Alley 56 S- 849m 2)

Kalashnikov Alexander Vladimirovich (Northern Alley 57-a S- 707m 2)

Mozhaeva Asiya Elmanovna (Northern Alley 24 S- 870m 2)

Salavatova Taskir Nigmatovna (North Alley 18 S - 678 m 2)

Sveshnikov Dmitry Nikolaevich (South Alley 40 S -1099 m 2)

Sokolov Vladimir Vladimirovich (Sadovaya street 10 S - 623 m 2)

Surgin Igor Vasilievich (South Alley 66 S - 372 m 2)

Khankov Alexander Fedorovich (Pogranichnaya street 25 S - 849 m 2)

2. Listened: On approval of the composition of the authorized meeting of SNT "Druzhny-2"

Decided: approve the lists of authorized representatives of the general meeting (Appendix No. 2).

3. Listened: Chairman of the Board Nebov O.V. with a report on the work done by the Board for the period from June 11, 2017 to June 2, 2018.

4. Listened: A.G. Filippovich, member of the Audit Commission on the results of the audit of the financial and economic activities of the Management Board for the period from June 11, 2017 to June 2, 2018. The act of the audit commission is attached (Appendix No. 3).

Speakers:

Razumovskaya N.I.(Pogranichnaya 19-b): The state of Pogranichnaya Street is ugly. It is necessary to demand from the district administration, in whose jurisdiction it is, that the road surface is repaired and the ditches are cleared.

Eremina L.M. (Central 47): It is necessary to demand that OJSC "Prigorodnye Electricity Grids" accelerate work on the creation of a high-voltage power transmission line-0.6 and the transfer of our houses to the 25-A machine.

Voronina T.A.(North 66): The water pressure in the seasonal piping is extremely low. Isn't it time to withdraw from the collective water consumption agreement for the entire Toriki massif and provide its own input?

Gaisenyuk T.G.(Vostochny 5): The experiment with the private security company "Narvskaya Zastava" did not justify itself. Waste of money. They roll through the streets, and my windows are broken in my house.

5. Listened : on the conduct of the election of the Board and the Audit Commission.

Decided :

5.1. To approve the counting commission in the following composition:

Alekseeva Galina Vasilievna - Central Alley 63

Goloton Larisa Vyacheslavovna - Vesely Lane 11

Pavlova Natalya Vasilievna - North Alley 86

Parkhomenko Lyudmila Ivanovna - Central Alley 69

Stern Lyudmila Aleksandrovna - South Alley 36-a

5.2. Approve the number of members of the board of 5 people, the audit commission of 3 people.

Olga Govorukhina (South Alley 79)

Miretskaya Nina Pavlovna (Pogranichnaya street 30)

Nebovoy Olga Viktorovna (Sadovaya street 2)

Serkov Oleg Konstantinovich (Pogranichnaya street 2)

Filippovich Anna Georgievna ( Central Alley 24)

Shenderovich Vladimir Yakovlevich (North Alley 78)

6. Listened : On the installation of devices for the remote data collection system on electricity consumption on all land plots in 2018-2020

Decided :

6.1. During 2018-2020 to install 280 devices of the system of remote data collection on electricity consumption at the remaining power consumption objects.

6.2. To carry out the work, conclude an agreement with PRIME LLC.

6.3. With the help of the technical capability of the ASKUD system, set the maximum minimum electricity consumption of 0.4 KW for consumers who have not paid the target contribution to increase capacity under the power supply contract:

Vasiliev E.V. (East lane 1)

Ivanova N.S. (South Alley 63)

Ilchuk A.V. (South Alley 49)

Kulik S.M. (Eastern Lane 4)

T.A. Mashigina ( Central Alley 39)

Molchanova N.B. (South Alley 34)

Muzhchinina N.A. ( Central Alley 52)

Rozhnova G.M. (North Alley 34)

Tsybina G.N. ( Central Alley 65)

as well as to the plots of arrears on payment of membership and earmarked contributions of previous years.

6.4. Prepare the necessary documentation for participation in the competitive selection for the provision of subsidies for the installation of devices for the remote data collection system as part of the implementation of the subprogram "Development of gardening and dacha non-profit associations of residents of St. Petersburg" of the state program of St. Petersburg "Social support of citizens in St. Petersburg" for 2015 -2020 years ".

7. Listened : information of V.Ya. Shenderovich, a member of the Commission for Monitoring Compliance with Legislation, on the procedure for enactment of Law N 217-FZ dated July 29, 2017 "On Citizens' Gardening and Horticulture for Their Own Needs and on Amendments to Certain Legislative Acts of the Russian Federation" changes and additions to the Charter of SNT "Druzhny-2".

Decided :

7.1. On the basis of Federal Law No. 217, to complete the work on the adoption of the new Charter of the Druzhny-2 Gardening Non-Profit Partnership in 2019.

7.2. With the help of LLC "Geodetic Maintenance of Construction", by the end of 2018, to complete the registration of ownership of real estate objects of the participants of the Partnership

7.3. Within a year, replace the membership books of the Partnership members and, on the basis of updated information, complete the compilation of the register of the Partnership members.

7.4. By January 1, 2019, complete the transfer of all users of ASKUD devices to cashless payment consumed electricity.

7.5. Until January 1, 2019, conclude an agreement with the North-West Bank of Sberbank of Russia and develop a receipt form for payment through the bank of the Partnership's membership and targeted contributions.

8. Listened: the chairman of the counting commission N.V. Pavlov on the results of a closed secret ballot on the election of the board and the audit commission of SNT "Druzhny-2".

Decided:

8.1. Protocols No. 1 and 2 counting commission to approve the reporting and election meeting (Appendices No. 4 and 5).

Miretskaya Nina Pavlovna Nebova Olga Viktorovna Serkov Oleg Konstantinovich

8.3. In accordance with Article 23 of FZ-66, agree with the opinion of the elected board and approve Olga Viktorovna Nebova as the chairman of the board.

Leonov Lev Vladimirovich

Filippovich Anna Georgievna

Shenderovich Vladimir Yakovlevich

9. Listened : about the draft resolution of the meeting and the approval of the income and expense estimate and membership fee for 2018-2019.

After hearing and discussing the report of the board, the act of the audit commission, speeches of the participants, the general meeting notes that significant work has been done by the board during the reporting period:

· The high-load power supply for horticulture provided consumers with high-quality electricity. The work on replacing the transformer substation and increasing the power of the power grids is completed with the switch to a new one high voltage line power transmission. A new batch of 83 devices of the system for remote data collection on electricity consumption was installed.

· Ensured uninterrupted water supply. Improved water consumption mode, minimizing misuse and water loss.

· The construction of a unified gasification network for horticulture is nearing completion. The issue of the construction of the main gas pipeline on the Northern Alley and the connection of on-site gas pipelines to the gas supply networks is being resolved.

· Completed road surface repairs on most of the gardening passages. Snow clearance is organized in winter.

· The video surveillance system is successfully operating, providing round-the-clock monitoring of driveways and container sites. The forces of the private security company "Narvskaya Zastava" organized a regular detour of the territory of gardening.

High-speed line has been laid fiber optic internet... Gardening news is covered on the website and on the vKontakte page.

· Regular garbage disposal and high-quality cleaning of the territory are provided.

· Conducted 8 meetings of the Board on current activities. 18 applications of gardeners were considered. The register of participants of the Partnership has been created and is being updated. The documentation is in a satisfactory state.

At the same time, the following problems remain unresolved:

· The membership fee of O. Afanasyev was not completely passed. (Lesnoy 1-a), Bashilov V.S. (Yuzhnaya 33), Blinov P.A. (North 37), Vasilyeva M.F. (Central 55), Motorina G.K. (Lesnoy 5-b), Tsirulin A.E. (Lesnoy 7), Chernysheva L.I. (Border 12).

Kamelova M.G. partially underpaid the membership fee. (Central 31).

· The total amount of arrears in the annual membership fee is 59,000 rubles, and there is also a debt of previous periods of 115,350 rubles.

· Cases of late payment of consumed electricity continue, leading to the use of budget funds in settlements with suppliers. Cases of untimely payment for electricity continue to occur, as a result of which the gardening repaid 137,457 rubles of payment to the electricity supplier from its budget.

· The privatization of 13 garden plots, which are in the unlimited use of gardeners, but actually owned by the state, has not been completed.

· The registration of ownership of real estate objects on land plots is proceeding very slowly.

The meeting decides:

1. The work of the Board of the Gardening Non-Profit Partnership "Druzhny-2" for the period from June 11, 2017 to June 2, 2018 is considered satisfactory.

2. To allocate to the board to ensure office work: the purchase of stationery and household equipment, new office equipment, provision of mobile and Internet communications, banking services 115,300 rubles.

3. Continue the contract with Prigorodnye Electricity Networks for power supply.

3.1. In connection with the introduction of the tariff for the use of electricity in 2018 by the Committee on Tariffs of the Government of St. 53 kopecks for 1 kW / hour, for a two-rate metering device - 4 rubles. 82 kopecks - day and 2 rubles. 78 kopecks - night for 1 kW / hour, with the addition of payment for losses in networks in the amount of 3.4%.

3.2. To complete in 2018 work to increase the capacity of power grids.

3.3. Install devices of the system of remote data collection on electricity consumption (ASKUD) on all land plots.

3.4. Take part in the competitive selection for the provision of subsidies for the installation of devices for the remote data collection system as part of the implementation of the subprogram "Development of gardening and summer cottage non-profit associations of residents of St. Petersburg" of the state program of St. Petersburg "Social support of citizens in St. Petersburg" for 2015-2020 ".

3.5. Approve the work on the control over the consumption of electricity. The names of violators of the electricity consumption regime, as well as malicious defaulters, should be brought to the public at large information stands and on the internet. To allocate 50,000 rubles for measures to control electricity consumption

3.6. In total, it is planned to plan 1,086,000 rubles for the maintenance and servicing of power grids.

4. Allow the connection to the gas pipeline at Lesnoy Lane of the distribution gas pipeline for lines 8 and 9 of the Gardening Non-Commercial Partnership "Druzhny-1" with the laying of a gas pipeline across the land common use SNT "Druzhny-2" on Vostochny lane.

5. Continue the participation of horticulture in the contract of shared participation No. 13-1 / 2-08 on the use and maintenance of water supply in the horticultural massif north of the village of Toriki.

To pay for the consumed water and the maintenance of the water supply system, allocate 363,000 rubles.

6. To approve the work on the protection of gardening using video surveillance systems, providing for this purpose 30,000 rubles. The conclusion of an agreement with the private security company "Narvskaya Zastava" to detour the territory to be postponed for the autumn-winter period.

6. To carry out repair of the roadbed of internal and access roads in 2019.

6.1. Complete work on clearing gardening carriageways and drainage trenches from buildings, structures and bulk materials and vegetation.

Work is carried out directly by the gardeners of the adjacent areas.

6.3. Plan 285,000 rubles for materials, mechanisms and road repairs.

7. Ensure a regular schedule for the removal of solid household waste and garbage collection from the entire gardening area.

7.1. Allocate 270,000 rubles for the disposal of solid household waste.

7.2. Plan 70,000 rubles for cleaning the territory and adjacent lands.

8. Plan 36,900 rubles to pay the land tax.

9. Approve staffing table and annual fund wages employees of the board in the amount of 806,000 rubles.

10. The contingency fund for current works shall be approved in the amount of 220,000 rubles.

11. To approve the general budget of gardening for the year to approve in the amount of 3452092 rubles, and the size of the annual membership fee - 9000 rubles, subject to payment before September 1.

At the same time, to establish in 2018 a differentiated payment of the membership fee, taking into account the annual rate established by the State Bank of the Russian Federation:

The remainder of the membership fee not paid on time, with a violation of the terms of payments for more than six months, doubles.

Chairman of the meeting: Shenderovich Vladimir Yakovlevich

Meeting Secretary: Tatiana I. Nazaryan

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On July 29, 2017, the President of the Russian Federation signed a new federal law "On the conduct of gardening and truck farming by citizens for their own needs and on amending certain legislative acts of the Russian Federation."
Free link to new law for download (docx file format): ФЗ-217 dated July 29, 2017
The date of entry into force of the law is 01.01.2019.From the same date, FZ-66 of 15.04.98 is no longer valid.
Discussion of the law is open here:
(registration is required to make comments, suggestions, changes).

FZ-217 of July 29, 2017 - Constantly supplemented, amended comments to the new federal law, taking into account the accumulated practice.

RESPONSIBILITY TO ORGANIZE AND PREPARE
GENERAL MEETING SNT

NON-COMPLIANCE WITH THE STANDARDS OF THE LAW No. 66-FZ OF 15.04.98
ABOUT THE ORGANIZATION AND HOLDING OF THE GENERAL MEETING IN SNT
AS A BASIS FOR CANCELING ITS DECISION

The decision to develop this page did not come immediately. I will say more, earlier I did not even think about it. At the next reading of the Law of the Russian Federation No. 66-FZ "On horticultural, vegetable gardening and dacha non-profit associations of citizens" of 04/15/1998, the thought suddenly occurred that this topic is no less important for understanding the whole process called the general meeting of members SNT.

Many gardeners simply do not suspect that in many cases bacchanalia and polyarchy are created only from a lack of understanding of the essence of the requirements of the Federal Law. People scream, fight to the death, share power, register as legal entity, mutually do not fulfill the decisions of the meetings, boycott the activities of the board, write complaints and, finally, go to court with claims for various violations of the rules of the charter and the Law. All these splitting actions ultimately lead to the collapse and liquidation of SNT on the initiative, for example, tax authorities... And this is not a fantastic ending of the drama, but quite an ordinary event for SNT.

After reading this page, you will put all your claims on the shelves in many issues and you will know how and how to properly pull the hated chairman from the leading chair, or, conversely, how the chairman to save the chair from the stupid fussy actions of the most zealous gardeners who wished to rule the ball to please to his beloved, saving the partnership from the inevitable in these cases, multiple power and the subsequent collapse.

Over time, in our FZ-66, in terms of organizing and holding general meetings in a horticultural association, FZ-171 of 06/23/2014, amendments were made, which significantly changed the original norms of the law, forcing to change certain parts of the content of this page.

Page 3. OBLIGATION TO ORGANIZE AND PREPARE THE GENERAL MEETING OF SNT

Let's get started. Traditionally, we will first deal directly with the norms of Law No. 66-FZ. As a reference, download chapter V, art. 21, clause 2 "Competence of the general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association (meeting of authorized representatives)". We carefully read point 2: " General meeting of members of the horticultural ... association(meeting of commissioners) convened by the board such an association as necessary, but at least once a year. Extraordinary general meeting members of such an association (meeting of authorized representatives) held by the decision of his board, at the request of the audit commission (auditor) of such an association, as well as at the suggestion of the body local government or at least one-fifth of the total number of members of such an association. "Highlighted what we need for debriefing. We do not read the second sentence of the paragraph yet. We will return to it later. Try to read the highlighted text separately. Well, how? From this article follows just one output:

Output: The general meeting of SNT members (we will omit the meeting of authorized representatives for brevity) is held only by the decision of the SNT board. The law does not allow for other options. This is both the right provided by the Law and the obligation assigned to the board of the partnership.

Not a single SNT charter can jump over this norm, since there is no phrase "other order" or something similar to it in the Law. No initiative groups, groups of dissatisfied, unions of gardeners of the region, law enforcement agencies, etc. do not have the right to decide on the conduct general meeting for the board.

Rule: Any general meetings held in addition to the decision of the board (even if only scoundrels gathered in it, whom the gardeners themselves chose), will be invalid initially.

To restore law and order on the territory of a specific SNT the board one should only file an appropriate claim with the court demanding that the assembly be declared illegal on the grounds of violation of the norms of Art. 21, item 2, paragraph 1, as well as the right of every gardener to comply with the decisions of the legally elected board and the competent general meeting.

On the Internet you can find other opinions, including those expressed by some smart lawyers. It lies in the fact that if the board does not hold a meeting, then you can hold it yourself. And it, subject to a quorum, will be valid. But no! We have already gone through this in our partnership. And you will understand from the further text confirming the conclusion that such an opinion is erroneous. If you have a practice that does not correspond to the logic and text of the page, it means that in your case there was no court or the court considered completely different issues indicated by the statement of claim. How can this happen?

So, organizing and holding a meeting without the board is impossible... "Where is the justice?" - the truth-seeker will cry. She's in place. Do you think that if the board does not hold meetings for a year, two, three, then it means that it will sit at the helm of the management of the association forever? No matter how it is. Always in SNT you can find reasons for holding general meeting and force the board, whatever it pleases or dislikes, to hold this meeting. Let us analyze them in full accordance with the Law.

Grounds for holding a general meeting in SNT

GENERAL MEETING OF MEMBERS OF SNT is held:
• as needed, but at least once a year;

The initiator of the general meeting on this item, as a rule, is the SNT board. Governing body can gather gardeners more often, if it considers it necessary to consider and make decisions on important life issues of the partnership, which cannot be postponed or postponed due to circumstances until the next annual meeting. For example, in our SNT on April 17, 2011, a reporting and election meeting was held. At the meeting, it was decided not to consider the 2011 budget proposed by the old board. Accordingly, all payments, including membership, entrance fees, targeted contributions were postponed indefinitely pending the approval of the budget meeting. Thus, the government carved itself out. It is impossible to pay contributions before a decision is made - it is illegal, and the chairman and accountant need to get their salaries already today. You can object. They say you can pay according to the 2010 estimate. It is possible, in normal partnerships they do it. But, the fact is that our new board considered the old estimate illegal. So it turns out that before the extraordinary general meeting made a decision on the new estimate, the society's money hung in the pockets of gardeners. They are ready to give them away, but the board cannot accept them.

• at the request of the audit commission;

It is necessary to approach this provision with sufficient caution. Article 25, clause 4 "" establishes that the audit commission has the right to convene (demand) an extraordinary meeting only when creating a threat to interests SNT or identifying abuse of the chairman and board members... Moreover, the identified threats or abuses must be documented by the appropriate audit act with the attachment required documents... Otherwise, the board will refuse to hold the meeting and will be right. Even the court will not help.

• at the suggestion of a local government body;

This option can be skipped if you file an appropriate complaint with the authorities local government on the board, which has obviously been sitting up for more than 2 years, to write about the measures that were previously taken by gardeners to organize and conduct the meeting. But competent authorities are likely to send the initiators to court. And rightly so, since this is provided by the Law. It is most likely that a general meeting of gardeners will be held at the suggestion of a local government body, connected with the need to bring to the partnership some important information regarding all SNT or yours specifically, or to make a decision necessary for the authorities.

• at the suggestion of 1/5 of the total number of members of the SNT;

We admit a situation when the dissatisfaction of gardeners with the forms and methods of managing the partnership has reached a certain limit, which urgently requires an extraordinary meeting. Then initiative group organizes collection of signatures from SNT members. Such signatures must be collected in the amount of 1/5 of the total number of gardeners, including the initiative group. So that the collected signatures of gardeners could not be challenged in judicial procedure(you never know on what occasion the signatures were collected), I think it expedient to enter data on the proposed agenda of the meeting at the beginning of each sheet of the list. Then, upon reaching the required number of signatures, the initiative group applies to the board with a written request to hold an extraordinary general meeting. The appeal must be signed by members of the initiative group. The board has the right not to consider anonymous letters. And the board's response must be written. And if there are no signatures under the appeal, then to whom to answer, to whose address? Lists with signatures of SNT members are attached to the appeal. One copy is given to the secretary of the board (chairman), on the second a note is made about registration and acceptance of the appeal for consideration. He returns to the initiative group.

• at the request of calling an early election of board members or chairman.

Pay attention to the fact that the requirement to re-elect the chairman of the board or the entire board by the norms of the Law is regulated in the last paragraph of clause 1 of article 22 "Board of a horticultural, vegetable gardening or dacha non-profit association". Of course, this does not mean that some of the old board members cannot be re-elected to the new board. In this situation, when the people demand early re-election of the government, the initiative group acts similarly to the previous point. The difference is that it is necessary to collect 1/3 of the signatures of the total number of SNT members.

So, we figured out the reasons for organizing and holding a general meeting. Let's go further. I think that on condition that the board of the company fulfills the first point, i.e. preparation and holding of the next meeting on time, as well as the absence of confrontation between gardeners and the board, it does not make sense to consider all the board's measures further, since they are all set out on other pages of the site on this topic. But other cases need to be analyzed.

Having received, in full accordance with the Law (SNT Charter), a proposal (requirement) to hold an extraordinary meeting, governing body is obliged within 7 days (there can be no other norm or term in the charter) to consider the proposal (demand) and make a decision at a meeting of the management board to hold a meeting or to refuse to hold it (Article 21, clause 2, paragraph 2).

The SNT board may refuse to hold an extraordinary general meeting if the procedure for submitting a proposal or the requirement to convene an extraordinary general meeting of its members (meeting of authorized representatives) established by the charter of such an association is not observed. This is the requirement of the Law. If in your Articles of Association the Rules of conduct of the general meeting are adopted, then this procedure can be described there. If there is no such regulation, then it does not matter. The law establishes the minimum order, which we have already considered. It should only be executed as it is stated. In any case, the board is doing the following work, which is hidden behind the scenes. But, it will definitely include the following points:

The work of the SNT board on making a decision (refusal)
in the preparation and conduct of an extraordinary general meeting of members of SNT

1. Study of the requirement (proposal) and its compliance with the procedure established by the Regulation (Law No. 66-FZ) for organizing and holding extraordinary general meetings in SNT.
2. Mandatory verification of the signatures of SNT members in the submitted lists with signatures in the gardeners' registration cards.
3. Checking the lists for the presence of non-SNT members included in them, including persons by proxy.
4. Feasibility of holding an extraordinary meeting before the date of appointment of the next meeting of members of SNT.
5. Adoption of the final decision at a meeting of the board on holding an extraordinary general meeting or on refusal.
6. Sending (transmitting) a written response to the proposal (demand).

If the board of directors makes a positive decision, the general meeting is organized and held within one month from the day the board receives a request (proposal) to hold an extraordinary meeting. If the board misses the deadline, then it is already cause for concern. Either these are objective difficulties associated with the organization, or this is an artificial delay in the process in order to obtain some benefits. This can only be figured out on the spot in the SNT itself. There can be many reasons and evasions.

Last thing. If the board refused to hold an extraordinary general meeting, then the audit commission, members of SNT ( initiative group), the local government can appeal this decision in court. Please note that there are no other options. The law does not provide for them. What follows the actions of an initiative group that does not read laws, see the example:

Example: In SNT "Pischevik" on 04.10.2009, an extraordinary general meeting of members of SNT was held to elect a new chairman of SNT and make a decision on the transfer of affairs and positions by the old chairman of the partnership to a new one. There were many, just not to cover everything, procedural and other errors, ranging from violations of the established order to forgeries and rigging of results. The main thing is that the current chairman appealed to the court with a demand to invalidate the decisions of this general meeting. The trial was won. The dual power is over. In order not to describe in detail what has already been expressed by the court, you can follow the link and see exactly what was discussed on this page (Decision of the Moscow District Court of Kaliningrad of 08/17/2010 on invalidating the extraordinary general meeting of SNT "Pischevik" dated 04.10.2009 and the decisions made on it.

Let's summarize for the case most typical for SNT, and briefly define the legal procedure (for brevity, I omit other reasons for holding a meeting):

1. Some of the gardeners, due to loss of trust by members of the board or for another reason, initiates a general meeting of SNT members. For this purpose, the initiative group collects signatures of 1/3 or 1/5, respectively, of the members of the SNT.
2. The initiative group applies to the board with a written proposal (demand) to hold an extraordinary meeting with the attached lists with the signatures of the gardeners.
3. Within 7 days, the board considers the submitted appeal at its meeting and makes a decision on holding an extraordinary meeting or preparing a reasoned refusal.
4. In case of refusal, a written response is sent to the initiative group.
5. In case of disagreement with the decision taken by the board, the initiative group submits a statement of claim to the court to compel the board to organize and hold an extraordinary general meeting on the grounds specified in the proposal (demand) and provided that the procedure for organizing and holding general meetings of SNT established by FZ-66 is clearly followed, " Rules of conduct of the general meeting in SNT ".
6. Subject to a decision in favor of initiative group the court will oblige the board to organize and hold the required extraordinary meeting.

Here's another thing to pay attention to:

• The court will consider only that part of the legislation that is referred to in the statement of claim.
• The court will first of all look for the truth in the questions raised, based on the Regulations (Procedure) for holding the general meeting in the SNT, the Charter, and then on Law No. 66-FZ, and only then on other norms of the legislation of the Russian Federation.
• If FZ-66 regulates the issues considered in the claim, then other similar laws will not be considered by the court. If there is a law "On horticultural ... associations of citizens", then the court will not consider similar provisions of laws on cooperatives, on joint stock companies etc.

And now let's turn to the new norm FZ-66 of 15.04.98. Federal law No. 171 of June 23, 2014, a significant addition was made to the first paragraph of Article 21, clause 2:

Article 21. Competence of the general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association (meeting of authorized representatives)

An extraordinary general meeting of members of such an association (meeting of authorized representatives) on the issue on the early termination of the powers of the chairman of the board of the corresponding association or early re-election of the members of the board of the corresponding association may be held in the absence of a decision of the board to hold this meeting, provided that the procedure for notifying the members of the relevant association about holding this meeting established by this article is observed.

The supplement does not provide an answer to a possible question: "Is it possible to hold an extraordinary general meeting to early terminate the powers of the chairman or the board without addressing this initiative to the board?" That is, immediately, without collecting 1/3 of the signatures of SNT members. I believe that the answer to this question cannot be positive. First, the initiative group must scroll through the procedure established by law for initiating an extraordinary general meeting for the early election of the chairman or the entire board. And only, having received a refusal to organize and hold an extraordinary meeting, proceed with the preparation of an extraordinary meeting in accordance with the specified norm with the dispatch of mandatory notifications to all members of the horticultural association.

Important: The initiative group cannot organize and hold a general meeting of the members of the association with an agenda not related to the termination of the powers of the chairman (board) and early re-election of these persons (management bodies). Including others possible questions the agenda for such an extraordinary general meeting will be recognized by any court as not in accordance with the law.

I think that now you, the reader, unwittingly referring to himself as a board member or an ordinary gardener, everything is clear, and the norms of Law No. 66-FZ appeared in the mind quite logically, allowing no other interpretation. Let's move on to the next page of the topic, which deals with one of the important norms of the Law, directly related to the preparation of the meeting.

Meeting Forms

From the content of Law No. 66-FZ of 15.04.1998, it follows that in a horticultural non-profit partnership it is possible to hold general meetings in the form of a meeting of members or a meeting of delegates. In addition, the law allows resolving issues on the agenda of the meeting by submitting them to an absentee vote. The law also provides for an "emergency" option - an extraordinary general meeting, which can also be held both in person and in absentia, since there is no indication to the contrary in the law. Thus, there are only six forms of holding general meetings: full-time general meeting of members; absentee general meeting of members; an in-person meeting of authorized representatives; meeting of authorized representatives in absentia; in-person extraordinary general meeting; extraordinary general meeting in absentia.

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

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

It should be noted that a meeting in SNT is always a general meeting. More than once on the Internet I came across, and they send all kinds of mail by mail "Regulations ...", the main purpose of which is an attempt to legitimize in horticultural partnership as the supreme governing body, a narrow group of citizens who stood out from the whole mass of gardeners, mainly on the basis of property. I mean the notorious "owners of electricity", "equity holders of power transmission lines" and the like. According to Article 21 clause 1 clause 10 No. 66-FZ of 15.04.1998 making decisions on the creation and use of property belongs to the exclusive competence of the general meeting, from which it follows that the resolution of property issues cannot be transferred from the competence of the general meeting to the competence of another group of persons.

Law No. 66-FZ of 15.04.1998 contains a listing of the governing bodies of a horticultural non-profit partnership. Authority called "meeting of equity holders" there is no. Therefore, to anyone "meeting of equity holders" the law imposes the same requirements as for an ordinary general meeting, including the composition of the meeting participants, notification, etc.

Dmitry Okhapkin, 2010-2013

How to gather summer residents and hold a general meeting of SNT.

Remember that failure to comply with the provisions of Law No. 66FZ of 15.04.1998 on the procedure for organizing and correctly holding the general meeting of the dacha partnership may result in the cancellation of all its decisions.

Law of the Russian Federation of 15.04.1998, No. 66FZ on horticultural, dacha and vegetable gardening non-profit association citizens it is important to study "summer residents" to organize the correct process of holding a general meeting of members of SNT.

Our experts on this page of the site will try to arrange all the questions on the shelves and you will know how to properly remove the dishonest chairman from the leadership chair, or, on the contrary, help the chairman from the stupid actions of zealous gardeners.

// In the law FZ-66, on the organization and holding of general meetings in a gardening partnership, amendments were made to FZ-171 of 06/23/2014.

OBLIGATION OF SNT TO ORGANIZE AND PREPARE THE GENERAL MEETING

Chapter V, Art. 21, paragraph 2 indicates that the general meeting of members of the SNT is convened by the board of such an association, if necessary, but at least once a year. An extraordinary dacha meeting of members of such an association may be held by a decision of its board, as well as at the request of the audit commission (auditor) of the partnership, as well as at the suggestion of a government body or at least one fifth of the total number of members of the partnership.

Eventually: The general meeting of the members of the partnership can legally be held only by decision of the SNT board. Note - this is the right provided by the Law, and at the same time the duty of the board of the garden partnership.

Therefore, even the charter of SNT cannot jump over this provision - the phrases "other order" or similar to it are not provided for by the Law. The unions of gardeners of the region, initiative groups, law enforcement agencies, groups of dissatisfied and others do not have the right for the board to make their decision to hold a general meeting.

Rule for horticultural meetings: Any general meetings held without a decision of the board will be null and void by law.

In order to restore law and order in the territory of any SNT, the board in this case should only file a lawsuit to declare an assembly organized in violation of Art. 21, clause 2, paragraph 1 of the law FZ-66.

You can find an opinion on the Internet that if the board has not held a meeting for a long time, then you can collect a quorum and hold it yourself. But this opinion is wrong!

But if the government doesn't want to hold meetings for several years, then it will rule in the garden forever? But this is not the case. In a partnership, you can always find reasons for holding a general meeting and force an unwanted board to hold a meeting.

Consider the grounds for holding a general meeting in Garden Partnership, which should be carried out as needed, but at least once a year;

1 .. The initiator of the meeting is usually the board of SNT. It may also convene meetings more frequently to make important decisions on partnership matters if they cannot be rescheduled or postponed until the next meeting.

For example, in one SNT in April 2015, a reporting and election meeting was held, at which it was decided not to approve the cost estimate for 2015 proposed by the old board. Therefore, all payments, targeted, membership, entrance fees were frozen for an indefinite period until the adoption and approval of the estimate by the new meeting. By this decision, the board left itself without money. It is possible to pay contributions before a decision is made, but it will be illegal, and the chairman and accountant need to get their salaries today.

In normal partnerships, the pay is based on the previous year's estimate. But if the new board considers the old estimate illegal, then before the extraordinary general meeting makes a decision on the new estimate, society's money will hang in the pockets of gardeners. They are ready to give them away, but the board cannot accept them on the terms of the old budget ..

2 .. at the request of the SNT Audit Commission;

Article 25, paragraph 4 establishes control over the financial and economic activities of a garden, horticultural or dacha association. For this, it is provided that the SNT audit commission has the right to convene and organize an extraordinary meeting when creating a real threat to the interests of SNT or identifying violations in the actions of the chairman and members of the board. Identified threats or financial abuse must be documented by the conclusion of the audit or by the corresponding audit act with the attachment of the necessary documents. Otherwise, the board will refuse to hold an illegal meeting and will be right, even in court.

3 .. at the suggestion of a local government body;

This option can help if you file a complaint with local authorities against a board that is clearly not working properly, write about measures for gardeners to take measures to organize and hold a meeting. But, most likely, the authorities will send the gardeners to court, tk. this is provided by the Law. Holding a general meeting of gardeners at the suggestion of a local government body is possible only with the need to bring important information to the partnership, or to make a decision necessary for the government.

4 .. at the suggestion of 1/5 of the total number of members of the SNT;

The initiative group can organize the collection of signatures from members of the SNT. Signatures should be 1/5 of the total number of gardeners. So that the collected signatures of SNT members cannot be challenged in court, it is advisable to enter data on the proposed agenda of the meeting at the beginning of each sheet of the list. Further, upon reaching the required number of signatures, the initiative group applies to the SNT board with a written request to hold an extraordinary general meeting of the partnership. The appeal to the board must be signed by all members of this initiative group.

5 .. early election of board members or chairman.

The requirement to re-elect the annoying chairman of the board or the board itself by the norms of the Law is clearly regulated in paragraph 1 of article 22. In this case, when the partnership requires early re-election of the board, the initiative group must act as in the previous paragraph, but it is necessary to collect at least 1/3 of the total number of signatures members of gardeners.

The proposal (demand) received by the board to hold an extraordinary meeting, the current board is obliged to consider and decide within 7 days to hold or refuse to hold the meeting (Article 21, clause 2, paragraph 2).

The SNT board may legally refuse to hold an extraordinary sabantuy of summer residents if the procedure for submitting a proposal established by the charter of such a partnership is not observed or the requirements for convening a general meeting of its members are violated. This is a requirement of the Law, not of the government !!! If your Articles of Association adopted the procedure for holding a general meeting, then study this procedure properly. If there is no such regulation, then the Law establishes minimum requirements which we have already covered above.

In any case, the SNT board will do the work on making a decision (refusal) in the preparation and conduct of an extraordinary general sabantuy of members of the garden partnership:

1. He will study the requirements of the initiative group, their compliance with the procedure established by the Regulations for organizing and holding extraordinary general meetings in the partnership.
2. Be sure to check the signatures of SNT members in the lists with the signatures on the membership cards.
3. They will check the lists for the presence of non-SNT members, including persons by proxy.
4. Is it advisable to hold an extraordinary meeting before the date of the next meeting of SNT.
5. Will make a decision at a board meeting to hold an extraordinary meeting or to refuse.
6. Send a written response to the initiative group on their proposals (requirements).

If the board decides to hold a new general meeting, then it must be held within a month from the date of receipt of the request to hold an extraordinary meeting.

But if the board refused to the applicants to hold an extraordinary general meeting, then the members of the partnership (initiative group), the local government body, the audit commission can appeal this decision in court. According to the Law, there are no other options.