For what contributions are paid in horticultural associations. Regulation on the procedure for payment of contributions and payments in snt. The principle of collection of membership fees

Can a member of SNT not paying membership fee be elected to the audit committee.

Unknown. Internal organizational relations, including the requirements that members of the company's bodies must meet, are not regulated by law. Look internal documents SNT.

1. He is a member of the STN and as a member is obliged to pay membership fees, the amount of which is determined at the meeting!
2. How can you choose SNT members in the RK who disregard the decision of the general meeting?
3. Let the test begin with yourself!

If you find it difficult to formulate a question - call the free multichannel phone 8 800 505-91-11 , a lawyer will help you

Can I not pay membership fees to snt, if we do not live there and were not built there.

Good afternoon!
You don't have to pay.
I wish you a solution to your question.
Have you already contacted a specialist to reduce the risks?

FZ-66 provides for the mandatory payment of membership fees by members of SNT. Membership fees are an obligation, not a right. For non-payment of membership fees, you may be expelled from the members of SNT. The absence of a building on the garden plot is not a basis for exemption from payment of membership fees. So, in order to avoid problems, contact individual consultation to a lawyer specializing in SNT.

REGULATIONS ON THE PROCEDURE FOR PAYMENT OF CONTRIBUTIONS AND OTHER MANDATORY PAYMENTS IN A GARDENING NON-PROFIT COMPANY AND CONSUMPTION OF FUNDS SNT

2. Contributions of members of SNT

7. SNT funds

7.2 SNT Trust Fund

7.3 SNT Special Fund

1. General Provisions on the procedure for paying contributions to SNT

1.1. This Regulation uses the norms Federal law No. 66-FZ of April 15, 1998 "On gardening, gardening and summer cottage non-profit associations of citizens", other branches of law, the Charter of the Gardening Non-Profit Partnership (SNT) and comprehensively regulates relations arising in connection with the conduct of gardening by citizens, determines the procedure for paying mandatory payments to the Partnership to the extent that they are not regulated by law Russian Federation and the Charter of SNT.

1.2 This Statement:

1.2.1 Determines the procedure for making mandatory payments to the Partnership by citizens who have the legal right of ownership, possession or use of garden plots located within the boundaries of the SNT territory, who are SNT members or individual gardeners leading gardening in individually on the basis of the Agreement on the use of infrastructure facilities and other common property SNT.

1.2.2 Defines general order spending SNT funds.

2. Contributions of members of SNT

2.1 Members of SNT are obliged to pay membership and target fees provided for by Federal Law No. 66 of April 15, 1998 and the Charter of the Gardening Non-Commercial Partnership.

2.2 Membership dues are intended to compensate for the costs of SNT for the remuneration of employees who have entered into labor contracts with SNT, payment for utilities for public facilities, the cost of maintaining and repairing SNT public facilities, as well as other current expenses of SNT. The membership fee is equivalent to the fee for the use of infrastructure facilities for SNT members.

2.3 Payment for the use of infrastructure facilities does not include payments for utilities for individual members of SNT.

2.4 The size of membership fees for SNT members (the size of the membership fee for one section) is determined on the basis of the annual income and expense estimates approved at the General meeting of the members of the Partnership and is divided into the number of plots according to the approved cadastral plan and in proportion to the area of ​​the occupied land plot (occupied land plots).

2.5 Targeted contributions are intended for the acquisition (creation), overhaul, as well as the reconstruction of common facilities SNT, which are the joint property of its members.

2.6 The share contribution (admission) forms the property of common use. The share contribution for a new gardener (entrance fee) is intended to compensate for the costs of acquiring (creating) common property, the size of the share entrance fee is equal to five times the size of the membership fee for one plot. The share entrance fee is paid by the candidate for membership of the Partnership in monetary form 14 days before the day of consideration by the General Meeting of SNT members of the issue of admission to the partnership. In case of refusal to accept the candidate as a member of the partnership, the specified contribution is returned within 14 days from the date of acceptance this decision... Failure to pay the entrance fee is the basis for refusal to accept a candidate for membership in SNT.

2.7 Failure to use a land plot by a member of the Partnership, or refusal to use common property are not grounds for exempting it in whole or in part from participation in common expenses for the maintenance and repair of common property.

3. Contributions of Individual Gardeners

3.1 Citizens who are not members of SNT, but who have the legal right of ownership, possession or use of a garden plot located within the boundaries of the territory of the Partnership, who carry out gardening on an individual basis (Article 8 FZ-66) exercise their right to use public property for a fee, in in accordance with the Agreement on the use of infrastructure facilities and other common property SNT.

3.2 Individual gardeners, under the Agreement on the use of infrastructure and other common property, SNT regularly pay the following payments to the Partnership:

3.2.1 Contributions for the use of infrastructure and other common property SNT - regularly paid by Individual gardeners for the remuneration of workers who have concluded employment contracts with the Partnership, and other running costs of SNT.

The amount of payment for the use of infrastructure facilities and other common property of the Partnership for Individual Gardeners, provided that they make targeted contributions for the acquisition (creation) of the specified property in the manner prescribed by this Regulation, cannot exceed the amount of membership fees for members of SNT.

If an individual gardener did not participate in the acquisition (creation) of public property or has arrears in earmarked contributions for the acquisition (creation) of infrastructure and public property, the amount of the contribution for the use of infrastructure and other public property SNT is calculated with an increasing coefficient of 2 , 0 in relation to the amount of membership fees established by the General Meeting of the Partnership.
Infrastructure Use Fees do not include utility bills for individual Individual Gardeners.

3.2.2 Contributions for the acquisition (creation) of infrastructure facilities and common property of the Partnership - contributed by Individual Gardeners for the acquisition (creation), overhaul and reconstruction of public facilities.

4. Obligations of gardeners when leaving SNT, when alienating and acquiring rights to plots

4.1 Mutual settlements when a member of SNT leaves the Partnership to acquire the status of an individual gardener

4.1.1 In accordance with clause 1 of Art. 19 of the Federal Law No. 66 "On horticultural, vegetable gardening and dacha non-profit associations of citizens", a member of SNT has the right to voluntarily withdraw from the Partnership with the simultaneous conclusion of an agreement with such an association on the procedure for the use and operation of engineering networks, roads and other common property;

4.1.2 When a member of the Partnership leaves the SNT, he is obliged to reconcile payments with the accounting employee of the Partnership and pay off (if any) the arrears in payment of contributions and payments for the entire period of his ownership / use of the site, preceding the exit from SNT, taking into account the penalties established by the General Meeting for late contributions and payments. In this case, between SNT (represented by the Chairman of the Management Board) and a citizen, an Agreement on the procedure for repayment of debt can be concluded.

4.1.3 After carrying out mutual settlements, in the absence of debt to SNT, a member of the Partnership wishing to withdraw from it, applies to the Board with an irrevocable statement and concludes an Agreement on the use of infrastructure facilities and other common property of SNT in the form approved by the Board of the Partnership.

4.1.4 The exclusion of a citizen from the members of SNT, in accordance with the law, occurs on the basis of the decision of the General Meeting, which secures the status of an individual gardener to him, which gives him the rights and imposes duties regulated by the Agreement, the Charter and the internal regulations of the SNT.

4.1.5 Payment of the cost of a part of the common property created from earmarked contributions paid by the Individual Gardener during the period of his membership in SNT is not made.

4.2 Mutual settlements with the Partnership upon alienation of a land plot

4.2.1 When alienating a plot, a member of SNT or an individual gardener is obliged to reconcile payments with the accounting employee of the Partnership and pay off (if any) the debt in payment of contributions and payments for the entire period of its ownership / use of the plot preceding the date of transfer of ownership of the plot penalties established by the General Meeting for late contributions and payments.

4.2.2 According to the law, a member of SNT has the right, when alienating a garden plot, at the same time to alienate to the acquirer a share of the property in common use as part of the Partnership in the amount of targeted contributions. In the event that a member of SNT decided to use this right, he is obliged to inform about this in his application to the Board of the Partnership. Otherwise, a request is made in the application for the payment of the value of his share in the common property in the amount of the earmarked contributions paid. Refund of 100% of paid target contributions is made within 3 months from the date of the last of the following events:

- full repayment of the debt to the Partnership;

- transfer of the right to the site;

- date of application.

4.2.3 After carrying out mutual settlements, in the absence of debt to the Partnership, the Gardener wishing to alienate the site applies to the Management Board with a statement in response to which the Chairman of the Management Board issues the gardener a Certificate of no debt to the Partnership.

4.3 Participation of new gardeners in the creation of SNT infrastructure

4.3.1 The new owner of the site is automatically recognized as participating in the creation of SNT infrastructure facilities and is exempt from paying the entrance fee for a new gardener if two conditions are met simultaneously:

- if during the alienation of a plot by a former member of SNT, his share in the common property of the Partnership was alienated in favor of the new rightholder and the former member of SNT has no debt to the Partnership,

- if the right of the new gardener to the site arose by inheritance and the deceased member of the SNT has no debt to the Partnership,

4.3.2 In all other cases, in order to recognize the new gardener as participating in the creation of the common property of the SNT, he must pay the entrance fee of the new gardener, the amount of which is determined by the amount owed by the former rightholder of the plot, including penalties, but cannot be less than the Minimum size of the entrance fee for the new gardener, determined General meeting.

4.3.3 With the exception of the case of transfer of ownership of a plot by inheritance, the introduction of an entrance fee by a new gardener does not relieve the former copyright holder of obligations to SNT.

4.4.4 The new gardener pays the entry fee within a reasonable period after the acquisition of the title to the plot, but no later than within 10 days from the date of receipt of the relevant Payment Request from the Board. Failure to pay the entrance fee entails a refusal to accept a new gardener as a member of the SNT and the preservation of his status as an individual gardener who did not participate in the creation of the infrastructure of the Partnership. This entails obligations to pay fees for the use of infrastructure facilities and other common property SNT with an increasing coefficient of 2.0 relative to the size of membership fees established by the General Meeting of the Partnership.

4.4.5 In the event that the new rightholder applied to the Board with an application for admission to the SNT, he, in addition to the status of an individual gardener, acquires an additional status of a member of the Partnership.

4.4.6 Obligations to make regular payments to the Partnership arise for a new gardener from the date he acquires the right to the plot or begins to actually use it, whichever comes first. These obligations are governed by the Agreement on the use of infrastructure and other common property SNT, concluded from this date.

4.4.7 Admission of a new gardener to a member of the SNT, in accordance with the law, takes place on the basis of the decision of the General Meeting of Members of the Horticultural Association (Meeting of authorized persons), which assigns him the status of a member of the SNT, which gives him the rights and imposes duties regulated by the Charter, this Regulation and other internal regulations of SNT.

5. Utility bills in SNT

5.1 SNT distributes the costs of utilities consumed by the Partnership among SNT members and individual gardeners in proportion to their actual consumption, which is determined in accordance with the readings of metering devices. The utility tariff is determined and approved by one of two different methods:

Method_1 The tariff is calculated by the result of the arithmetic division of the cost of the resource consumed by the Partnership as a whole (in accordance with the readings of the general counter) by the sum of the readings of individual counters of gardeners. The tariff is approved by a joint decision of the Board and the Control and Auditing Commission of SNT. Payment of consumed energy at the end of the accounting period, in fact.

Method_2. The rate is calculated as the product of the rate, defined by the treaty with a resource supplying organization by a multiplying factor that takes into account the losses for the transfer of a utility resource in the networks of the Partnership and the cost of the resource for general needs The tariff coefficient is calculated by the SNT accounting department and approved by the General Meeting. According to the results of the reporting period, the positive difference between the actual payment of the Partnership to the resource supplier and the amount of payments received is payable by SNT members in the form of a corrective payment for the resource. The negative difference goes to the Operating Fund and is spent on the needs of the Partnership in accordance with the approved Income and Expenditure estimate. When calculating a tariff using method_2, payment for a utility resource is made on a quarterly basis.

5.2 The rates for utility bills are the same for Individual Gardeners and SNT members.

6. The procedure for making payments to SNT

6.1 Members of SNT are obliged to timely pay membership and other fees stipulated by the Federal Law and the charter of the Partnership, taxes and payments;

6.2 Gardeners make the payments provided for by this Regulation within the time frame established by the decisions of the General Meeting of SNT members or the Board of the Partnership, as well as other payments established by individual contracts or legal requirements by transferring funds to the SNT account. Membership fees are paid until June 01 of the current year. The date of payment is the date the funds are credited. By agreement with the Management Board, payment is possible by depositing funds to the SNT cashier - in this case, the document confirming the payment is a strict reporting form issued to the payer by the cashier of the Partnership.

6.3 In case of delay in payment of any of the payments provided for by this Regulation, gardeners shall pay a penalty in the amount of 0.1% of the amount of the unpaid payment for each day of delay, but not more than the amount of the delayed payment. A member of the Partnership (individual gardener) is exempt from payment of penalties (fines) if he proves that the delay in the fulfillment of this obligation was due to force majeure or through the fault of SNT.

6.4 The amount of the penalty can be changed by the decision of the General Meeting of members of SNT. The payment of the penalty interest does not exempt the member of the Partnership from the payment of the fee.

6.5 In case of systematic non-payment of contributions and other mandatory payments to the Partnership, the Management Board is obliged to take all possible legal actions to pay off the debt: from imposing disciplinary measures to going to court. Signs of systematic non-payment are approved by decisions of the SNT Board.

7. SNT funds

7.1 SNT Operational Fund

7.1.1 The SNT operating fund is formed from membership fees of members of the Partnership, fees for the use of infrastructure facilities, compensation payments, penalties for non-payment of utility bills.

7.1.2 The funds of the operating fund are directed to the maintenance of common property SNT (hereinafter referred to as Infrastructure).

7.1.3 Common-use property of the Partnership - property (including common land plots) intended to meet the needs of the members of the Partnership in the passage, passage, water supply and drainage, power supply, security, recreation and other needs (roads, common gates and fences, playgrounds and sports grounds, waste collection grounds, fire-prevention structures, and the like). The SNT infrastructure, in particular, includes:

- common land SNT within the established boundaries;

- streets and driveways (from the borders of SNT to the border of the garden plot) as linear real estate objects;

- power lines (from the secondary winding of the transformer to the consumer's individual metering device);

- fence along the borders of SNT;

- buildings and structures created for the protection and maintenance of the common property of the Partnership, the provision of utilities and security;

- equipment located outside or inside individual garden plots and serving more than one garden plot;

- other objects within the boundaries of SNT, designed to serve members of the Partnership and individual gardeners, the alienation or transfer for use of which may lead to infringement of the rights and legitimate interests of members of the Partnership and / or individual gardeners.

7.1.4 The funds of the operating fund are spent in accordance with the Income and expenditure estimate approved by the General Meeting for the following needs (including but not limited to);

- measures to ensure collective security, including fire;

- inspection of the state of objects of common property and property of the Partnership as a legal entity;

- garbage removal;

- ensuring the safety of property located on the territory of SNT;

- costs of maintaining other objects related to the infrastructure of the Partnership;

- tax on common land, other tax payments of the Partnership as a legal entity, incl. taxes paid by the Partnership as a tax agent;

- encouragement of members of the Board and members of other elected bodies of SNT;

- remuneration of labor of persons involved under labor and civil law contracts for the current needs of the Partnership;

- ensuring the activities of the Management Board, the Auditing Commission: postage and communication services, hospitality expenses, stationery costs and expendable materials for office equipment;

- consulting services;

- protection of the legal rights of the Partnership.

7.1.5 The Management Board has the right to approve the excess of costs for certain expense items of the Income and Expense Estimates up to 30% of the planned amount, but in such a way as not to exceed the total costs from the Operating Fund, provided for the planned period by more than 15%.

7.2 SNT Trust Fund

7.2.1 The Trust Fund is formed by:

- Targeted contributions of members of SNT;

- Contributions for the acquisition (creation) of infrastructure and common property of the Partnership, paid by Individual Gardeners.

7.2.2 The funds of the trust fund are spent in accordance with the Income and expenditure estimate approved by the General Meeting for the following needs (including but not limited to);

- construction, overhaul and reconstruction of roads on the territory of the Partnership;

- construction, major repairs, reconstruction of buildings that are the common property of SNT (gatehouse, board office, etc.);

- construction, overhaul, reconstruction of structures and engineering systems that are the common property of SNT ( common fence, gates, etc.);

- design and performance of customer functions for construction / repair / reconstruction projects;

- registration of property rights to the created objects related to the common property and property of the Partnership as a legal entity.

7.2.3 The Board has the right to approve the excess of costs for certain expenditure items of the Income and Expense Estimates up to 30% of the planned amount, but in such a way as not to exceed the total costs from the Trust Fund provided for the planned period by more than 15%.

7.2.4 In the event that payment to one contractor exceeds 30,000 rubles or 2.5% of the total planned costs from the Trust Fund, a competitive selection of a contractor is required.

7.2.5. It is forbidden to spend SNT budget funds without the minutes of the meeting of members of the SNT Board drawn up in the prescribed manner.

7.3 SNT Special Fund

7.3.1 The Special Fund is formed by:

- entrance fees for new gardeners;

- income from economic, investment, financial activities SNT;

- penalties for late payment of contributions and mandatory payments;

- funds from the trust fund directed to the Special Fund only for special decision SNT Board;

- membership fees sent to a special fund by a special decision of the Board of SNT.

- funds provided by SNT in accordance with Articles 35, 36 and 38 of FZ-66 "On horticultural, vegetable gardening and summer cottage non-profit associations of citizens";

- charitable contributions.

7.3.2 The funds of the Special Fund are spent in accordance with the Income and Expense Estimates approved by the General Meeting for the following needs (including but not limited to);

- creation and purchase of fixed assets belonging to SNT as a legal entity;

- purchase of modern means of production used in the improvement, cleaning and processing of garden plots;

- payments to members of SNT who alienate the land plot, the cost of their share in the common property (in accordance with clause 4.2 of these Regulations).

7.3.3 The funds of the Special Fund can be promptly redistributed to the Trust Fund and the Operational Fund by decision of the Board.

7.3.4 The funds of the Special Fund, upon approval of the Income and Expenditure estimate of SNT, can be redistributed by the decision of the Board to the Operational Fund and the Trust Fund.

7.3.5 Public property acquired or created at the expense of a special fund established by the decision of SNT is the property of such SNT as a legal entity.

8. Temporary partnerships for the implementation of initiative projects

8.1 In the event that for the creation / reconstruction of a large object of common property required by SNT, the funds of the SNT Trust Fund are not enough, individual gardeners can form temporary partnerships to implement a part (stage) of such a project to accelerate its implementation and the possibility of a faster receipt of its result for participants such a temporary partnership.

8.2 Project boundaries - the scope (area) of work agreed by the Management Board, which meets the following criteria:

- This volume (area) of work is the minimum necessary for the project participants to achieve the pursued goals of the project;

- Performing this volume of work is economically feasible for other gardeners;

8.3 Prior to the opening of the project, the Project Initiators are obliged to notify all gardeners affected by this project about their initiative: invite them to enter into a temporary partnership and make the appropriate payments.

8.4 Participants in an initiative project should not pursue investment goals from participating in it.

8.5 Before the project starts, the project participants elect a treasurer - the person responsible for collecting and spending funds and the project manager - the person responsible for its implementation. Treasurer and project manager must be approved by the Board, after which the treasurer has the right to start collecting payments.

8.6 The condition for the start of the project is the sufficiency of the funds collected by the Action Group, i.e. no need to attract additional funds for full settlement with contractors.

8.7 All decisions of the project participants are made by a majority vote of the number of project participants who have made their contributions at the time of the decision. The decisions of the project participants are documented in a protocol signed by the project manager and treasurer.

8.8 Payments by all members of an interim partnership must be proportional to the number of parcels they own. The participants of the temporary partnership have the right to provide for the remuneration of the Treasurer and the project manager in the estimate (calculation) of the initiative project.

- keep records of collected funds;

- agree with the participants of the temporary partnership changes in the Estimate (calculation);

- to agree with the participants of the temporary partnership the form of reporting on payments made at the expense of funds entrusted to him;

- keep a record of the funds spent within the framework of the project and, upon request, report to the members of the partnership on the expenditure of funds;

8.10 The project manager is obliged to:

- to agree on design solutions with the SNT Board;

- to develop the Estimate (calculation) of the project and agree on it with the members of the temporary partnership;

- be responsible for the choice and actions of the contractors chosen by him (the Contractor);

8.11 It is allowed to combine the functions of the project manager and the treasurer. The Treasurer and Project Manager can be removed from these posts by a majority vote of the project participants. New leader project and / or treasurer must be approved by the decision of the Board of SNT.

8.12 Gardeners who did not join the project at the time of its start, but whose plots are located within the boundaries of the project and who express a desire to benefit from the results of the project to the same extent as its participants, are obliged to compensate the costs incurred by the participants in the temporary partnership and make payments in that the same size (adjusted for inflation) as the rest of its participants.

8.13 After the completion of the project, the partners of the partnership have the right to restrict access to the result of the project for other gardeners whose plots are located within the boundaries of the SNT, but who have not made the monetary contribution provided for all participants in the temporary partnership, until the payment of the entrance fee established by the decision of the general meeting of the participants in the partnership.

8.14 The project is considered completed and the temporary partnership is liquidated if the following conditions are met:

- all partners in the partnership have made the agreed payments.

- obligations to contractors are fulfilled;

- the financial report on the implementation of the project was signed by all participants in the temporary partnership;

- the Act on the commissioning of the entire object of common property of SNT was signed, the object was transferred to the balance of SNT or the operating organization.

8.15 After the completion of the project, the balance of the collected funds can be distributed among the project participants in proportion to the payments made or, by the decision of the shareholders, directed to the common needs of all project participants.

8.16 The project manager is responsible for the results of the project to the SNT. The project manager and the treasurer are responsible to the project participants.

8.17 The funds collected within the framework of the initiative project are not funds of SNT.

9. Other provisions on the procedure for making contributions and payments to SNT

9.1 Failure by the gardener to use the garden plot or refusal to use common property and / or utilities is not a basis for the release of the gardener in whole or in part from the fulfillment of obligations to pay contributions and other mandatory payments provided for by this Regulation.

9.2 Non-payments for the use of infrastructure and other common property of a horticultural, vegetable gardening or summer cottage non-profit association shall be collected in court.

9.3 A gardener has the right to combine several adjacent land plots belonging to him on the right of ownership into a single land plot. When contiguous land plots are merged, one land plot is formed, and the existence of such adjacent land plots ceases (FZ-136 of 25.10.2001). Date state registration rights is the day when the corresponding entries on rights are made in the Unified State Register of Rights (USRR), about which a corresponding entry is made in the registration certificate.

9.4 The gardener is obliged to ensure the possibility of communication with him (by phone, via e-mail, etc.) and the transfer of official information. When changing personal data (last name, first name, patronymic), registration address, telephone numbers, e-mail, inform in writing the person responsible for maintaining the Register of gardeners within 10 days from the moment these changes are made;

HOW TO CORRECT THE ERROR IN THE NAME OF THE OWNER IN THE LAND STATEMENT DOCUMENT? A client turned to us for help in connection with the refusal of state registration of his ownership of the garden land plot. Can SNT take a plot from its owner? The owner, having arrived at his land plot, found that the locks on the entrance gates, in the house and in the garage had been changed. When the gardener turned to the chairman of SNT, the latter explained that the land plot was returned to the ownership of SNT based on the decision of the general meeting of SNT members and sold to another person on conditions favorable to SNT. Surprisingly, this is not a fictional and completely real story.

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

As you can see, the target contribution is set only for the acquisition (creation) of public facilities. If the targeted contribution is set for you for other purposes (covering legal costs, a bonus to the chairman of the board of SNT, tax on common land, organizing a holiday to celebrate the harvest, etc.), the establishment of such a contribution is illegal! So, representing the interests of the defendant-gardener in one of the cases, we succeeded in refusing the claim to recover from him in favor of SNT a targeted contribution to cover the legal costs of SNT incurred by the partnership in litigation with other gardeners. 2. Who is required to pay the targeted contribution? The Law on Horticultural Associations provides that joining the SNT is voluntary.

Therefore, those gardeners who did not want to become a member of SNT are gardening on the territory of SNT on an individual basis.

How not to pay contributions to snt

It states that the owners of land plots intended for gardening or truck farming must carry out mandatory procedures to determine the boundaries of the plots. It is necessary to complete the survey procedure by the end of 2018. Therefore, it is not worth panicking now, the Russians still have 1 year left to carry out land surveying.
You can do without the land survey procedure if:

1. The land was registered as property.
2. Problems with neighbors are not foreseen - they will not figure out where the border between your sites should pass.
3. There are no plans to make transactions with such real estate.

In other cases, land surveying is simply necessary. It will be possible to register the ownership of real estate - or to make any transaction with it - in 2018, but you will only have to go through the obligatory procedure to determine the boundaries of the site.

Payment of membership fees in snt

A member of the organization, according to Article 12 of the same law, can be:

1. Only individuals.
2. Owners of plots intended for horticultural or horticultural activities and located within the boundaries of the territory of SNT or ONT. You should have with you the relevant documents confirming the ownership of the site.
3. Persons who wrote personal statements to the board of the partnership. The document should contain the applicant's initials, residence address, postal address where a letter can be sent, and email and agreement to comply with the organization's charter.

Do not forget that the SNT or ONT bodies must, within 3 months, issue the applicant with a membership card or other documentation that confirms membership in the partnership.
In case of refusal, the applicant must be informed that the membership has been refused.

Membership dues to snt law 2018

Note that in order to create a SNT or ONT, a minimum of 3 votes of citizens acting as founders is required. The decision must be made at general meeting owners. The bodies of the partnership include:

1. Chairman.
2. General meeting.
3. Revision Commission.

Initially, a sole proprietor is formed in the partnership. executive agency- chairman.

He is the initiator of the partnership. Further, a permanent acting collegial executive body is formed - the board of the partnership. Important: the partnership must include at least 7 people! In addition, the meeting should draw up a list of members who will be united in new organization, indicating the full name, title documents and cadastral numbers of all sites.

Snt membership fee

To do this, you must meet the requirements:

1. Have the infrastructure of a cottage village.
2. Placed within the boundaries settlement.
3. All households must be classified as residential.
4. The type of permitted use of land must be changed to individual housing construction for each owner.

It will be easy to get a residence permit in such a village. News about membership fees in SNT and taxes in 2018 - what are the changes for the wallets of summer residents, and what to expect in the future? Let's talk about the innovations that relate to the financial side:

1. The most Top news for all gardeners and gardeners - the entrance fees were canceled.

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

In confirmation of the receipt of funds, the payer is issued a receipt for the incoming cash order (clause 5.1 of the Bank of Russia Ordinance No. 3210-U dated 11.03.2014 "On the procedure for maintaining cash transactions legal entities and the simplified procedure for conducting cash transactions by individual entrepreneurs and small businesses "). If the accountant, when accepting funds, does not issue a receipt for the incoming cash order, then the gardener will not be able to confirm that the contributions were paid to him. The fact is that the confirmation of the transfer of funds can only be a written document, in this case, a receipt.
Testimony or oral assurances do not confirm the transfer of money. How much to pay membership fees to SNT to the owner of two plots? Thank you, Tatyana, for a quick response and, most importantly, a correct one, in accordance with the law.

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

Based on the definition of the targeted contribution (Article 1 of the Law on Horticultural Associations), targeted contributions are paid only by members of the SNT. In practice, questions often arise about what contributions an individual gardener should pay, should an individual gardener pay a targeted contribution? An individual gardener is not obliged to pay either targeted or any other fees that are set in the SNT. The law only provides for the right of such gardeners to take part in the costs of purchasing (creating) public facilities.
In this case, the amount of payment for the use of such property cannot for such gardeners exceed the amount of payment that is established for members of SNT (Article 8 of the Law on Horticultural Associations). The only thing that you are obliged to pay as an individual gardener is a fee for using public facilities on the basis of an agreement concluded with SNT. 3.
What associations do you need to transform into? NEW LAW ON SNT AND GARDENERS Fight against share withdrawal joint company from the spousal section and assets by an unscrupulous founder ( The Director General) Often, during a divorce, an unscrupulous spouse tries to withdraw the business from the division of joint property, for example, by selling shares in a joint company to third parties at reduced prices. Has the project for the organization and development of the SNT territory been canceled? In connection with the numerous questions of gardeners, our lawyers for SNT clarify the question of whether it is possible to organize the territory of SNT (other gardening and summer cottage non-profit associations of citizens), as well as to divide the land plot of such an association, use such a document as the "Organization and Development Project" or is it finally canceled? The floor is given to our country lawyers.

Payment of membership fees in snt under the new law

Info

What buildings are being built on garden plots? On such land, only non-capital buildings and structures are allowed. They cannot be registered as property - even if they look like an object of capital construction. Remember that non-capital buildings are built without a foundation.

They can be demolished / moved / disassembled. It is possible to independently erect a capital construction object on a site intended for truck farming. But it will not work just to issue a real residential building according to the documents - it will be considered a barn, or another outbuilding. It will be possible to register it only if the type of permitted use of land changes.
Registration in SNT in 2018 and 2019 - changes in the law on garden partnerships, myths and reality It is possible to register in SNT both now and in 2018.

Payment of membership fees to snt under the new law on gardeners

What are dacha or garden associations for: SNT, DNT, garden or dacha cooperatives? First of all, to create comfortable conditions for the use of their personal land plots, summer cottages, garden houses. To meet their needs in passage, travel, water supply and sewerage, electricity, gas supply, heat supply, security, recreation and other needs, gardeners and summer residents create public property at their own expense. Common property includes roads, water towers, common gates and fences, boiler rooms, playgrounds and sports grounds, waste collection areas, fire fighting and similar structures.

In SNT1, such common property is created (acquired) at the expense of earmarked contributions. The law, establishing the obligation of SNT members to participate in the creation of common property, regulates the procedure for establishing targeted contributions and their payment.

This brochure is compiled from frequently asked questions that we have to deal with at numerous gardening conferences and in the legal department.

I want to warn you right away: gardeners do not agree with all the answers, they argue with many and consider the current situation to be unfair. The fact is that we consider controversial situations not from the point of view of justice, but from the point of view of legality. The laws, however, today are so imperfect, so inconsistent with each other, that gardeners found themselves outside the legal field. The government is trying to shift the solution of almost all the problems of gardeners, whether it is the implementation of the "dacha amnesty" or compliance with fire safety requirements, on the shoulders of the gardeners themselves! Officials almost always respond to requests for help: “Collect money and do it” ... And it’s quite a cannibalistic practice - to impose all kinds of fines on gardening partnerships for “failure to comply with the rules and regulations” ...
Alas, while normal legislative work in our sphere is being replaced everywhere by imitation and talking shop, and if any legislative acts are slipping through, they, as a rule, lead to a worsening of the situation and the emergence of new problems. An example of this is another simplification of the "dacha amnesty" adopted before the last elections to the State Duma. The result is massive boundary disputes between neighbors. Boundary conflict in jurisprudence- the most difficult (and expensive!) Matter to be solved, it can drag on for decades!
Dear gardeners, today we can only rely on ourselves, so we must learn to protect ourselves. Let's jointly resist the illegal demands of officials, raiders, all kinds of politicians who are trying to use us for their own selfish ends ...
And our main weapon in this will be legal knowledge. When you know well even bad laws, there is a chance to defend your rights and achieve justice!

Your Andrey Tumanov,
Chairman of the Council of the Moscow Union of Gardeners,
editor-in-chief of the newspaper "Vashi 6 acres".

1. What is SNT?

Answer: SNT is a horticultural non-profit partnership, a non-profit organization founded by citizens on a voluntary basis to assist its members in solving common social and economic problems of gardening. Also, the association can be created in the form of a non-profit partnership and a consumer cooperative.

2. If I have a garden plot - should I build something there or can I just plant a garden?

Answer: in accordance with Art. 1 of the Federal Law "On horticultural, horticultural and dacha non-profit associations of citizens" No. 66-ФЗ dated April 15, 1998 (hereinafter - the law on gardeners), a garden land plot is provided to citizens for growing fruit, berry, vegetable, melon or other crops and potatoes , as well as for recreation (with the right to erect a residential building and utility buildings and structures). Thus, in order to achieve the goal of using a garden plot, it is enough to develop the land - to plant a garden, to set up a vegetable garden. Buildings are optional. On a summer cottage, the construction of a residential building or a residential building is a priority.

3. Many years ago I was given a garden plot, now a building has been erected there. Why can't I register this plot as a property?

Answer: most of the garden plots were provided on a lease or fixed-term basis, in order, firstly, to give citizens the opportunity to grow food necessary for survival, and secondly, to quickly and without reimbursing the value of property to withdraw land after harvest. Currently, some of these plots are owned by the Russian Federation and are not subject to privatization. They can be rented. If the garden plot has been built up, then the building may be in accordance with Art. 222 of the Civil Code of the Russian Federation is recognized as an unauthorized building and, by a court decision, can be demolished at the expense of the person who built it.

4. If the partnership is not a profit, does this mean that I do not have to pay dues?

Answer: non-profit organizations are organizations that do not have profit making as the main goal of their activities, but this does not mean that non-profit organizations do not conduct any economic activity... The activities of SNT are aimed at meeting the needs of members for energy supply, water supply, and so on, and contributions are collected precisely to achieve these goals.

5. Is it possible to plant coniferous and deciduous trees instead of fruit trees?

Answer: on the garden and summer cottage there is no provision for the possibility of planting fruitless trees, and on the garden plot there is no provision for planting any trees and shrubs at all.

6. Should SNT contain the territory adjacent to the external borders (behind a common fence)?

Answer: The answer to this question is contained in the acts of local self-government bodies, on the territory of which the association is located.

7. What taxes should I pay if I have a plot in SNT?

Answer: in accordance with Art. 2 of the Law of the Russian Federation of 09.12.1991

No. 2003-1 "On taxes on property of individuals" the object of taxation is a residential building, apartment, room, summer cottage, garage, other building, premises and structure, as well as a share in the right of common ownership of this property. Property tax exempt Heroes Soviet Union and Heroes of the Russian Federation, as well as persons awarded the Order of Glory of three degrees, disabled people of I and II groups, disabled from childhood, participants in the Civil and Great Patriotic War and some other categories of citizens.

The tax on buildings, premises and structures is not paid from residential buildings with a living area of ​​up to 50 square meters and utility buildings and structures with a total area of ​​up to 50 square meters located on land plots in horticultural and dacha non-profit associations of citizens. In addition, in accordance with Ch. 31 "Local taxes" of the Tax Code of the Russian Federation, the object of taxation is land plots that are on the right of ownership, life-long inherited possession and permanent perpetual use. No one is exempted from paying the land tax, however, the regulatory legal acts of the representative bodies of municipalities can establish tax benefits, the grounds and procedure for their application.

Thus, a citizen must pay tax on his property, and it must also be remembered that the SNT public property tax is included in the membership fees.

8. Is the garden plot inherited?

Answer: the garden land plot is inherited on an equal basis with the rest of the property of the deceased. Membership is not inherited, as it is a personal non-property right.

9. Can a garden plot be sold?

Answer: the owner has the right to dispose of his property at his own discretion, including selling, donating, pledging. The contract of sale and purchase of real estate can be drawn up in a simple writing, must contain all essential conditions (object, price, and so on) and is subject to mandatory state registration in management Federal Service state registration, cadastre and cartography.

The buyer's right to a land plot arises from the moment of state registration.

10. What should be the infrastructure of SNT? Is it obligatory to conduct electricity?

Answer: the issue of creating the infrastructure of the association is the exclusive competence of the general meeting of members (meeting of authorized representatives) of SNT. If the majority of members do not want to create any infrastructure object, then no one can be obliged to make contributions for the creation of such objects.

However, this provision does not apply to the necessary facilities of the engineering infrastructure - a fire pond, for example, or motor pumps - they should always be, regardless of the decision of the general meeting of members.

11. Who sets the amount of the annual contribution?

Answer: the determination of the amount of contributions belongs to the exclusive competence of the general meeting of members (meeting of authorized representatives) of the SNT.

12. Do I have the right to register with my garden house?

Answer: by resolutions of the Constitutional Court of the Russian Federation of June 30, 2011 No. 13-P and of April 14, 2008 No. 7-P, paragraph two, Art. 1 of the Law on Gardeners was recognized as inconsistent with the Constitution of the Russian Federation insofar as they exclude the possibility of registering citizens at their place of residence in residential buildings that belong to them by right of ownership, which are suitable for permanent residence and are located on garden plots related to agricultural land and lands of settlements.

Thus, the theoretical possibility of registering in a residential building (this is what the garden house is called from the point of view of the law) exists, however, the process of exercising this right is complicated and is currently not debugged.

“At the same time, the owners of such land plots (garden land plots located on agricultural land) should take into account that registration at the place of residence in residential buildings suitable for permanent residence on them does not lead to the acquisition of the status of a settlement by the corresponding territory and, therefore, does not impose on public authorities the responsibility for its improvement, creation and maintenance of communal, transport and other infrastructures, with the exception of resolving issues directly related to the implementation of fundamental human and civil rights and freedoms. Therefore, choosing a residential building located on a land plot classified as agricultural land as a place of residence, citizens should consciously accept the possible inconveniences that result from living outside the territory of settlements. "

13. The size of the membership fee - by whom, what are the payment terms?

Answer: the size of the membership fee is set by the decision of the general meeting of members (meeting of authorized

soaked) SNT.

14. What documents are the basis for state registration of ownership of a garden plot?

Answer: in accordance with Art. 25.3 of the Federal Law of July 21, 1997 No. 122-FZ "On state registration of rights to real estate and transactions with it" the basis for state registration of a citizen's ownership of a garden or summer cottage land plot may be one of the following documents:

• an act on the provision of this land plot to a citizen, issued by a state authority or a local self-government body within its competence and in the manner established by the legislation in force at the place of publication of the act at the time of its publication;
• an act (certificate) on the citizen's right to a given land plot, issued by an authorized government body in the manner prescribed by the legislation in force at the place of issue of the act at the time of its publication;
• another document establishing or certifying the citizen's right to this land plot.

15. What are the responsibilities of members of SNT?

Answer: the rights and obligations of members of SNT are determined by Art. 19 of the law on gardeners - in Appendix No. 1 this article is given in full.

16. What is common property?

Answer: in accordance with Art. 1 of the law on gardeners, common property includes property (including land plots) intended to ensure, within the territory of the association, the needs of its members for passage, passage, water supply and drainage, electricity, gas supply, heat supply, security, recreation and other needs (roads, water towers, common gates and fences, boiler rooms, playgrounds and sports grounds, waste collection areas, firefighting structures, etc.).

We draw your attention to the fact that in a horticultural non-profit partnership, these objects of property may be jointly owned by members or owned by a legal entity - SNT itself.

17. If I want to conduct a land survey, where to start?

Answer: for carrying out boundary works, it is necessary to conclude an agreement on necessary work with a person duly certified as a cadastral engineer. The coordinates of such persons can be found on the Rosreestr website - www.rosreestr.ru.

18. How are land disputes resolved?

Answer: if the parties cannot agree on the location of the border of the land plot, then the case is subject to trial by the court. Note that in order to resolve a land dispute, most often it is necessary to appoint a land management examination, the cost of which is high and most often incommensurate with the cost of the disputed piece of land.

Territorial jurisdiction is determined by the location of the land plot.

19. Can the chairman of the board be elected by the board of SNT?

Answer: in accordance with paragraphs. 4 p. 1 art. 21 of the law on gardeners, the exclusive competence of the general meeting of members (meeting of authorized representatives) includes the election of the chairman of the board and the early termination of his powers, unless the charter of such an association provides otherwise. Consequently, the SNT charter may establish the election of the chairman of the board at a meeting of the board.

20. Does an SNT member have a pre-emptive right to purchase a neighbor's plot?

Answer: a member of SNT has no right preferential purchase adjacent land. Such a right arises only where there is common property.

21. What is a membership fee, who pays it, what other fees are there?

Answer: in accordance with Art. 1 of the Law on Gardeners, membership fees are funds periodically contributed by members of a gardening association to pay for the labor of employees who have entered into employment contracts with such an association, and other current expenses of the association. That is, membership fees are spent on the maintenance of the legal entity itself. The law also provides for the following types of contributions:

introductory and targeted - in a non-profit partnership and non-profit partnership, in a consumer cooperative

ve provides for the collection of entrance, membership, share and additional fees, each of which should

be carried out in accordance with the purposes determined by the law.

22. How to hold a general meeting of SNT members?

Answer: the general meeting of members is the supreme governing body of the association, it is regular, which must be held at least once a year, and extraordinary, which can be convened by the board, as well as at the request or proposal of the auditor ( audit commission), not less than 1/5 of the total number of members, as well as the requirement of the local government. The procedure for notifying members of the upcoming general meeting is determined by the charter of the association, it also specifies the procedure for electing authorized representatives (if the association provides for a general meeting of members in the form of a meeting of authorized representatives), as well as the procedure for holding a general meeting of members in absentia. The procedure for holding the general meeting of members, the procedure for voting are determined by the rules for holding general meetings, which are approved at the general meeting of the members of the association.

23. How far from the border can I build buildings on the garden plot?

The answer to this question is contained in paragraph 6.7 of the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *. Planning and development of territories of horticultural (dacha) associations of citizens, buildings and structures ", this document is given in Appendix No. 2.

24. Can I fence myself off from my neighbors with a solid fence?

Answer: continuous fencing of a garden plot is allowed with the written consent of a neighbor. See clause 6.2 SP 53.13330.2011.

25. Is it allowed to breed bees in the garden?

Answer: in accordance with clause 7.9. * Code of rules for the design and construction of SP 11-106-97 "Procedure for the development, coordination, approval and composition of design and planning documentation for the development of territories of gardening associations of citizens" on the territory of the garden (summer cottage) plot, an apiary is allowed ... The apiary should have a solid fence 2 m high, and be located no closer than 2 m from the boundaries of the site.

26. What to do if the SNT chairman refuses to submit reports and decisions of general meetings?

Answer: In accordance with paragraphs. 2 p. 1 art. 19 of the law on gardeners, the right of a member of an association is to receive information about the activities of the management bodies of the association and its control body. If the board refuses to submit documents, the refusal can be appealed in court.

27. Why are some taxes included in the estimate besides the salary of the accountant, watchman and electrician?

Answer: a horticultural non-profit association of citizens is a legal entity and is obliged to fully comply with the requirements labor legislation, SNT makes contributions to all funds on an equal basis with other commercial organizations... In 2011, contributions to funds are 34.2% of the payroll fund. The transfer of contributions to funds is mandatory.

28. Can I install a greenhouse on my site?

Answer: yes, you can, one meter from the border of the land plot. In addition, if the greenhouse is on a foundation, you can register ownership of the property. The registration procedure is exactly the same as for the registration of any other building on a garden plot.

Answer: the amount of land tax depends on the area of ​​the land plot, its cadastral value and the land tax rate. The area of ​​the site, as well as its cadastral value, can be found from the cadastral extract or found on the Rosreestr website. You can also calculate by multiplying the specific indicator of the cadastral value (measured in rubles per square meter) by the area of ​​the land plot (it can be found in the certificate). The land tax rate is determined by the representative body municipality, on the territory of which the gardener's land is located.

30. Why SNT should pay for negative impact on environment if it is not a production, does not have emissions and discharges?

Answer: the garbage placed at the landfill is the property of the association. Under the garbage disposal agreement, only the transfer of SNT property (garbage) from the association to the solid waste landfill is carried out, in accordance with Art. 210

Of the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property.

31. How should the removal of household waste from SNT be organized?

Answer: garbage removal from SNT should be organized in accordance with the requirements of the acts of local government bodies on the territory of which the associations are located.

32. Is it possible to burn garbage on your site?

Answer: burning of garbage on a garden or summer cottage plot is not allowed.

33. What are the fire safety requirements for SNT?

Answer: fire safety requirements are formulated in the Federal Law of July 22, 2008 No. 123-FZ "Technical Regulations on Fire Safety Requirements":

P. 18 Art. 67 states that on the territory of a horticultural, horticultural and dacha non-profit association of citizens, fire fighting equipment must be provided with access to all garden plots, united in groups, and public facilities. The width of the carriageway of streets must be at least 7 meters, of driveways - at least 3.5 meters.

In paragraph 18. of Art. 68 indicates that in order to ensure fire extinguishing in the public area of ​​the association, fire-prevention reservoirs or tanks with a capacity of at least 25 cubic meters with the number of sites up to 300 and at least 60 cubic meters with the number of sites over 300 (each with sites for the installation of fire equipment, with the possibility of water intake by pumps and the organization of an entrance of at least 2 fire trucks).

Also, the requirements are contained in the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *. Planning and development of territories of horticultural (summer cottage) associations of citizens, buildings and structures ", the norms of which are binding.

34. Am I obliged to become a member of SNT?

Answer: in accordance with paragraph 2 of Art. 30 of the Constitution of the Russian Federation, no one can be forced to join any association or stay in it. Thus, joining the association is a voluntary expression of the will of a citizen.

35. Should the chairman provide the tax authorities with information about the members of the association, including providing copies of passports and land certificates?

Answer: Government agency cadastral registration, the body that conducts state registration of rights to real estate and transactions with it (Land Cadastral Chamber and Rosreestr, respectively), in the order communication exchange information about the rightholders of real estate for tax purposes.

The chairman of the board of SNT should not provide information about the members of the organization to the tax authorities. In addition, in accordance with paragraph 4 of Art. 6 of the Federal Law of July 27, 2006 No. 152-FZ "On Personal Data", a person who processes personal data on behalf of the operator is not required to obtain the consent of the subject of personal data to process his personal data. Thus, if there is a need to present the personal data of members somewhere, you must first obtain written consent from the members of the association.

36. If a member of SNT does not pay fees, can he be deprived of the right to use electricity?

Answer: No you can not. It is necessary to work with non-payers, including collecting debts on contributions in court.

37. How should biowaste be disposed of? Is a septic tank required at the site?

Answer: The answer to this question is contained in clauses 8.6-8.7 of the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *. Planning and development of territories of horticultural (summer cottage) associations of citizens, buildings and structures ”(see Appendix No. 2).

38. Is it possible to elect a chairman not from the members of the SNT?

Answer: the chairman of the board is elected from among the board members. And in accordance with Art. 21 of the law on gardeners, the board is elected from among the members of the association.

39. Does SNT have the right to engage in entrepreneurial activity?

Answer: yes, it does, but profit from entrepreneurial activity should not be distributed among the participants

(members) of the association, but should be spent on achieving the statutory goals of the SNT.

40. Why do gardeners pay for electricity like city dwellers when their plots are in rural areas?

Answer: to the category "Consumers equated to the population" in accordance with paragraph 27 Methodical instructions for the calculation of regulated tariffs and prices for electric (thermal) energy in the retail (consumer) market, approved by order of the Federal Tariff Service dated 06.08.2004 No. 20-e / 2, include horticultural, vegetable gardening or summer cottage non-profit associations of citizens - non-profit organizations established by citizens on a voluntary basis to assist its members in solving general social and economic problems of gardening, truck farming and dacha farming. The subject of the Federation did not use the right to grant privileges to horticultural associations of citizens located on its territory. In the Yaroslavl region, for example, gardeners pay for electricity at the tariff set for the rural population.

41. What to look for when buying a plot?

Answer: when buying a land plot, you need to pay attention to the authority of the person, the selling site (is the owner or acts by power of attorney), to the documents on land rights, whether the site was surveyed or not (if not, there may be unpleasant "surprises") ; get to know the neighbors and find out from the board of the association whether the owner of the plot has debts for contributions (if he is a member of the association) or for payments under an agreement (if he is gardening on an individual basis). If something raises doubts (price, documents), it is better to show the documents to a lawyer and, possibly, refuse to purchase.

42. Based on what is the size of the contribution to the SNT calculated?

Answer: the amount of the contribution to the SNT is set based on the list of planned works, their cost, and a certain estimate. The amount received is divided by the number of members of the association.

43. Who can call an extraordinary general meeting of members?

Answer: an extraordinary general meeting of members may be convened by the board or in accordance with art. 25 of the law on gardeners when creating a threat to the interests of the association and its members, or in the event of abuse of the board members of the association and the chairman of the board, an extraordinary general meeting of members may be convened by the auditor (audit commission) of the association.

44. Should a citizen who horticulture on an individual basis pay targeted contributions?

Answer: Art. 1 of the law on gardeners determines that targeted contributions are funds contributed by members of SNT or SNP for the acquisition (creation) of public facilities. The law does not provide for the possibility of collecting targeted contributions from citizens who are not members of the association.

45. What should be spent on earmarked contributions to the SNT?

Answer: earmarked contributions to SNT are spent on the creation of public facilities. The property created for targeted contributions of the members of the partnership is jointly owned by the members of such an association.

46. ​​Is a citizen engaged in gardening on an individual basis obliged to sign an agreement on the use of infrastructure facilities, the text of which was approved by the general meeting of SNT members?

Answer: no, civil legislation is based on the recognition of the equality of the parties to the contract, therefore, signing the contract on the conditions established by the general meeting of members is the right of the individual, but not an obligation.

47. Who can a member of SNT entrust the right to participate in the general meeting?

Answer: a member of the SNT can entrust the right to participate in the general meeting of members to anyone, another member of the SNT, his relative or a completely outsider. It is only necessary to certify the signature of the member on the power of attorney. The signature is certified by the chairman of the board of SNT.

48. Who are the commissioners, what are their powers, how are they elected?

Answer: delegates are those persons who are elected in accordance with the charter of the association and represent the interests of persons delegating powers to them at general meetings held in the form of a meeting of delegates. The commissioners are members of SNT, they cannot transfer their powers to other persons.

49. What are the higher authorities of SNT?

Answer: SNT has no higher authorities.

50. Is it obligatory to register buildings located on a land plot?

Answer: the registration of buildings located on garden or summer cottages is carried out in a simplified manner on the basis of a declaration of an immovable property, approved by order of the Ministry of Economic Development of Russia dated 03.11.2009 No. 447 and is a gardener's right, but not an obligation.

51. According to the documents, I was provided with a land plot with an area of ​​6 acres. How much land can I register if I actually use a larger area?

Answer: subject to the agreement of the boundaries with all adjacent land users, a citizen has the right to register a land plot within the established boundaries, if the area obtained as a result of land surveying does not exceed one minimum size a land plot provided in this constituent entity of the Russian Federation for the purpose of gardening (for a garden plot), maintaining a summer cottage, and so on. In the Moscow region, the area of ​​the minimum plot that is provided for gardening is 0.06 hectares - 6 acres, or 600 square meters. If a citizen was previously provided with 8 acres, then he can issue a plot of up to 14 acres. However, this norm of the law is rather declarative in nature, the author did not come across precedents for the registration of land plots within the established boundaries.

52. Do state and local authorities provide any support to gardeners?

Answer: State and local government bodies provide support to gardeners and their associations.

You can find out more about programs to support associations in your local government or in the body executive power subject of the Russian Federation, which is responsible for interaction with gardeners.

53. Why is a certificate from the chairman about debts on contributions not required in a land plot purchase and sale transaction?

Answer: because such a document is not submitted for state registration of the transfer of ownership, sometimes buyers (see question No. 41) or notaries ask for such a certificate. If the seller and the buyer enter into an agreement in a simple written form (without notarization) and the buyer does not ask for such a certificate, then taking such a certificate is a matter of the seller's conscience (as well as voluntary payment of fees and debts on them), but not his obligation. We add that it is impossible to demand debts on the seller's contributions from the buyer.

54. Why construction became possible apartment buildings in garden plots?

Answer: because in accordance with paragraphs. 1 p. 17 art. 51 of the Urban Planning Code of the Russian Federation, the issuance of a building permit is not required in the case of construction on a land plot provided for gardening, dacha farming, and the area of ​​the building spot is not standardized.

55. How to become a member of SNT?

Answer: to become a member of the SNT, you must have a land plot within the boundaries of the land allotment provided for the placement of the association, and write an application for membership. The decision on admission to membership is made by a simple majority of votes of the members present at the general meeting (meeting of authorized representatives) of the association.

56. How and where can I find out who is the chairman of our SNT?

Answer: it is necessary to order an extract from the Unified State Register of Legal Entities. To do this, you must contact the tax authorities at the place of registration of SNT.

Publicly available information about any legal entity is provided to any person who applies for a fee.

57. Why, when registering the right to common land, they demanded a receipt for 15 thousand rubles? Who installed it?

Answer: in accordance with paragraphs. 22 p. 2 of Art. 333.33 Tax Code In the Russian Federation, the state duty for state registration of rights, restrictions (encumbrances) of rights to real estate for an organization is 15,000 rubles.

58. What documents can I, as a member of SNT, freely familiarize myself with? If the chairman of the board does not allow you to get acquainted with the charter - what to do?

Answer: as a member of SNT in accordance with paragraphs. 2 p. 1 art. 19 of the law on gardeners, you have the right to get acquainted with the charter, constituent documents, minutes of general meetings of members, minutes of board meetings, get acquainted with estimates, reports of the board and acts of the audit commission. If the board refuses to get acquainted with the documents, such refusal can be appealed in court.

59. Where can I go if I am not satisfied with the work of the SNT board?

Answer: if a member of the association is not satisfied with the work of the board of the association, it is necessary to assemble an initiative group of at least 1/5 of the total number of SNT members and demand the convocation of an extraordinary general meeting of members,

60. Do I have to inform the board of SNT if I sell the plot or make any other transaction?

Answer: a member of the association has no such obligation. Although, in order to avoid claims for unpaid contributions, it is better to notify the board about the planned sale of the site and take a certificate stating that there are no debts in contributions. However, this is only the right of the member of the association, but not his duty.

61. What measures of influence can be applied to members of SNT and for what?

Answer: in accordance with paragraph 4 of Art. 18 of the law on gardeners, the charter of the association indicates, among other things, the grounds and procedure for exclusion from members of the association and the application of other measures of influence for violation of the charter or the rules of the internal order of the association. Other measures may include, for example, the collection of penalties for late contributions and payments. The amount of penalty interest is established by the decision of the general meeting of members (meeting of authorized representatives).

Answer: the board is elected by a simple majority of votes of the members present at the meeting.

63. Can a member of SNT count on the protection of their interests by the board?

Answer: there are practically no cases of active defense of the rights of SNT members by the board. However, SNT can participate in the court session as a third party.

64. Who are the founders, how did they appear, what are their rights and obligations, can the founders be excluded from the Unified State Register of Legal Entities?

Answer: founders are those citizens who decide to create SNT (or any other organization), and their names are entered in the Unified State Register of Legal Entities. In accordance with clause 4.11 of the canceled order of the Federal Tax Service of the Russian Federation dated 01.11.2004 No. SAE-3-09 / [email protected] on methodological explanations for filling out the forms of documents used for state registration of a legal entity and an individual entrepreneur, when submitting an application for state registration of an HOA, ST in the information about the founders, information about the members of the board is indicated.

65. Can foreign citizens become members of SNT?

Answer: Yes they can. Note that a foreigner can acquire a garden or summer cottage property.

66. What rights do I lose when I quit the SNT?

Answer: when you leave SNT, you will lose the right to elect and be elected to the governing bodies of SNT and the right to common property, which is jointly owned by SNT members.

67. Why are horticultural associations created?

Answer: associations (unions) of horticultural associations are created to achieve some common goals of the organizations they are members. In addition, the association may be granted the right to audit the economic and financial activities of the member associations. Public organizations should be distinguished from associations, which, although they have the word "union" in their name, this is not an indication of the organizational and legal form. Public organizations do not have the right to interfere (forcibly) in the activities of SNT.

68. Within our SNT, a group of members has registered their new SNT. Now they demand from us to provide part of the property. What should we do now?

Answer: citizens have the right to unite, including the right to decide on the creation of "their own" SNT. At the same time, they do not have any rights to the property of an already existing association. If citizens wish to separate from the existing SNT, then a reorganization procedure is required, the decision on which is made by a qualified majority of the members at a general meeting of members (meeting of authorized representatives) of SNT.

69. Who sets the size of the entrance fee to the SNT and when it must be paid?

Answer: the size of the admission fee is determined by the decision of the general meeting of members (meeting of authorized representatives), it is paid after the decision is made to admit a citizen to the membership of the association. It should be remembered that an overstated size of the entrance fee will lead to refusals of the owners of the sites to join the association.

70. Our SNT does not have a current account, we pay all contributions in cash. Is the entry in the membership book sufficient for the payment made?

Answer: no, not enough. The person accepting the contributions is obliged to issue a stub to the cash receipt order. In addition, the presence of a current account with a legal entity is mandatory! And members of SNT have the right to transfer funds to the account of the association.

71. I am the new chairman of SNT, I was elected 10 days ago. Why was the tax office fined 5 thousand rubles?

Answer: a legal entity within three working days from the date of the decision to change the constituent documents of the association - that is, its charter, if there are changes that are not related to the introduction of changes in constituent documents, for example, when changing the chairman of the board, it is obliged to notify the registration authority within three days. To do this, it is necessary to fill out the necessary forms approved by the Decree of the Government of the Russian Federation of June 19, 2002 No. 439 "On the approval of forms and requirements for the preparation of documents used for state registration of legal entities, as well as individuals as individual entrepreneurs". If the documents are not submitted on time, then in accordance with Art. 14.25 of the Code of Administrative Offenses of the Russian Federation No. 195-FZ dated December 30, 2001, this entails a warning or the imposition of an administrative fine in the amount of five thousand rubles.

72. What is the difference between voluntary withdrawal from members of the SNT from exclusion?

Answer: the fact that the withdrawal is carried out voluntarily, at the written will of the member, and the expulsion is carried out by a qualified majority of votes of the members (authorized) present at the general meeting, for those violations of the charter for which expulsion from the members is provided as a measure of influence.

73. What will happen to my site if I am expelled from the SNT members?

Answer: the site will remain on the same right as it was. That is, it is also owned. The only case when questions about the fate of a site may arise if the entire land acquisition was granted to the ownership of a legal entity or to the common ownership of members.

74. Do citizens of privileged categories (disabled, veterans, large families) have the right to receive land plots?

Answer: citizens of these categories are entitled to preferential provision of garden plots. However, after the entry into force of the Land Code of the Russian Federation, such provision is made for a fee. Free provision of land for ownership after 2001 is practically non-existent.

75. I believe that a targeted contribution for the creation of an infrastructure facility should be paid only if I use the property that will be created. Am I right?

Answer: no, they are not right. If the decision to create an infrastructure facility is made by a decision of an eligible general meeting, then regardless of whether you were at the meeting, voted for the decision or against, the target contribution must be submitted. If the installment is not deposited, the board can collect the debt in court.

76. What laws regulate the activities of horticultural associations of citizens?

Answer: at present, the activities of horticultural, dacha and horticultural non-profit associations of citizens are regulated by the following regulations:

• The Constitution of the Russian Federation;
• The Civil Code of the Russian Federation;
• The Land Code of the Russian Federation;
• The Tax Code of the Russian Federation;
• Federal Law of April 15, 1998 No. 66-FZ "On horticultural, horticultural and suburban non-profit associations of citizens";
• Federal Law No. 129-FZ of August 8, 2001 "On State Registration of Legal Entities and Individual Entrepreneurs";
• Federal Law of July 21, 1997 No. 122-FZ "On state registration of rights to real estate and transactions with it";
• Federal Law of July 24, 2007 No. 221-FZ "On the State Real Estate Cadastre";
• Federal Law No. 137-FZ of October 25, 2001 "On the Enactment of the Land Code of the Russian Federation";
• The Code of Administrative Offenses of the Russian Federation of December 30, 2001 No. 195-FZ and many
• other regulatory legal acts.

77. Who can be an auditor in SNT, are there any requirements for the qualifications of an auditor?

Answer: a member of the association who is not related or related to the members of the board (and its chairman) can be elected as the auditor of the SNT. No qualification requirements the Law on Gardeners does not apply to auditors.

78. I am selling a plot of land in SNT, should the board return all my contributions - admission, membership and earmarked?

Answer: the charter of the SNT must specify the procedure for returning the earmarked contributions made. Membership and entrance fees are non-refundable.

79. How long will the “dacha amnesty” last?

Answer: The “dacha amnesty”, namely the operation of the simplified procedure for registering rights to land plots and buildings in dacha and garden plots, has no time limit.

80. Am I obliged to register the right to a land plot?

Answer: no, registering a title to real estate is a right, but not an obligation of a gardener.

81. Is there any term for re-registration of rights to common land?

Answer: re-registration by horticultural, gardening and dacha non-profit associations of citizens of the right to permanent (unlimited) use of land plots is carried out in the manner prescribed by article 28 of the Federal Law "On horticultural, vegetable gardening and dacha non-profit associations of citizens", while in accordance with clause 2.1 of Art. 3 of the Federal Law of October 25, 2001 No. 137-FZ "On the Enactment of the Land Code of the Russian Federation" is not limited in time.

82. What issues can be resolved by the general meeting held in absentia?

Answer: in absentia, decisions cannot be made on the approval of the income and expense estimates, on the adoption of the report on the activities of the board and the audit commission, elections of the board in absentia cannot be made.

Answer: each member at the general meeting of members has one vote. If other SNT members have delegated their votes to a specific member (by proxy), then this member has a number of votes equal to the number of powers of attorney issued, plus his one vote.

84. How many powers of attorney for participation in the general meeting of members can be issued to one person?

Answer: the number of powers of attorney issued to one person is not limited by law.

85. Does a horticultural partnership have the right to charge penalties in the event of late payment of membership fees?

Answer: may, if in the articles of association penalties are mentioned as measures of influence, and the general meeting of members has established their amount.

86. In what organizations should gardeners apply to protect their rights?

Answer: oversight body non-profit organizations, is the Prosecutor's Office of the Russian Federation, and the protection of rights is carried out in court. Therefore, gardeners need to go to court.

87. How are the legal grounds membership fees of SNT members - from a site or from a hundred square meters?

Answer: clause 1 of Art. 18 of the law on gardeners indicates that members of the SNT can be citizens of the Russian Federation who have reached the age of eighteen and have land plots within the boundaries of such a partnership. Also, this article makes it possible for minors and minors to become members of SNT if they have been transferred to plots, for example, by inheritance, and also gives the right to become a member of SNT to a foreign citizen or stateless person. In addition, in accordance with paragraph 2 of Art. 30 of the Constitution of the Russian Federation, no one can be forced to join any association or stay in it - that is, membership in SNT is good.

Thus, a member of a horticultural non-profit partnership can become individual, which is the rightholder of the land plot located within the boundaries of the association. And if one individual is the owner of several plots, even located in different places of the partnership, he can still become a member only once. It is impossible to be “twice a member”, “three times a member”.

In accordance with Art. 20 of the law on gardeners, the general meeting of members of the SNT is the supreme governing body of such an association.

The legislator does not directly indicate that the weight of the vote (the number of votes) in any way depends on the amount of property belonging to this member. An example of a direct indication of this we can see in paragraph 4 of Art. 49 of the Federal Law of December 26, 1995 No. 208-FZ "On Joint Stock Companies":

“The decision on the issues is taken by the general meeting of shareholders by a majority of three quarters of the votes of shareholders - owners of voting shares participating in the general meeting of shareholders” and clause 4 of Art. 146 of the Housing Code of the Russian Federation of December 29, 2004 No. 188-FZ: "Decisions on other issues are made by a majority vote of the total number of votes of the members of the partnership present at the general meeting or their representatives."

Thus, regardless of the number of land plots, a citizen can be a member of SNT only once and has one vote at a general meeting of members.

In accordance with Art. 1 of the law on gardeners, membership dues are funds periodically contributed by SNT members to pay for employees who have entered into labor contracts with such an association, and other current expenses of such an association.

In essence, membership fees go to the maintenance of a legal entity and its governing bodies. Please note: not the maintenance of the property, but the legal entity itself - office and postage costs, duties, legal costs, wage, taxes and fees.

If the rights and obligations of the members are equal, then the participation of each member in the maintenance of the legal entity must be equal.

Separately, we note that in accordance with the charter of SNT, a special fund can be formed in it, which consists of funds state support, income from entrepreneurial activities SNT, membership and admission fees. At the expense of the special fund, property is created that belongs to a legal entity - SNT itself.

After the liquidation of SNT, the funds remaining after settlements with creditors are distributed equally among the former members of SNT. Thus, membership fees are equal for members regardless of the size / number of garden plots occupied.

With regard to earmarked contributions, the situation is different. According to the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property, therefore, for the repair of the road inside the SNT, the owner of three plots (as a co-owner of three shares in common property, if the shares are properly formalized) will pay a triple contribution.

However, according to Art. 245 of the Civil Code of the Russian Federation "If the shares of the participants in shared ownership cannot be determined on the basis of the law and are not established by agreement of all its participants, the shares are considered equal."

Based on the foregoing, it can be concluded that in the event of the liquidation of SNT, the property (in monetary terms, after its implementation) will be divided among the members in equal shares.

Consequently, in the absence of an agreement between members on the size of shares, targeted contributions should also be equal for all members of the SNT.

88. In our SNT there are plots whose owners do not cultivate them, we have to mow them ourselves. Can we sell them?

Answer: you can only dispose of the property that belongs to you. Obviously, the abandoned site has an owner. Disposal of such a site (even if they were given shareware to use) is fraudulent. If you have abandoned land in SNT, we recommend contacting Rosreestr, the inspectors of state land control.

89. What to do with a plot, the owner of which has died, but the heirs have not appeared?

Answer: nothing can be done with such a site. In accordance with the procedure established by law, such property is recognized as escheat and becomes the property of the municipality.

90. I bought a plot from a member of SNT who did not pay the dues. Should I pay off his debts?

Answer: no, they shouldn't. The board must collect debts in contributions from the seller.

91. The chairman refuses to sign the act of agreeing on the boundaries of the land plot and to give me a certificate that the land was lawfully provided to me. Motivates that I have not paid contributions. Is he right?

Answer: no, the chairman of the board is wrong in this case.

92. How is the redemption price of property seized for state needs determined?

Answer: in accordance with Art. 281 of the Civil Code of the Russian Federation, the price is determined by agreement with the owner of the site. When determining the redemption price, it includes the market value of the land plot and the immovable property located on it, as well as all losses caused to the owner by the seizure of the land plot, including losses that he incurs in connection with the early termination of his obligations to third parties, including lost benefit. In the absence of an agreement on the redemption price, the issue can be resolved in court.

93. Why in SNT the subscriber under the power supply agreement is not every gardener, but the association as a whole?

Answer: for the reason that the energy supply contract is not concluded with each specific gardener, but with a legal entity as a whole.

94. Why do gardeners have to pay for losses in electrical networks?

Answer: the content of this issue is the subject of discussion. In accordance with Art. 210 of the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property - in this case electrical networks... If an energy supply agreement is concluded with each specific gardener, then the payment of losses in the networks is not made.

95. Is SNiP 30-02-97 * normative document, the requirements of which are mandatory for all gardeners?

Answer: this document was valid until May 19, 2011. Since May 20, 2011, the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *” has been in effect. Planning and development of territories of horticultural (dacha) associations of citizens, buildings and structures ", which is included in the List of national standards and codes of practice, approved by the order of the Government of the Russian Federation of June 21, 2010 No. 1047-r, which, according to part 4 of Art. 6 of the Federal Law of December 30, 2009 No.

No. 384-FZ "Technical Regulations on the Safety of Buildings and Structures" are mandatory for application.

96. I have a privatized plot in SNT. I pay taxes to the state, why should I pay any more money for my privatized plot?

Answer: the obligation to pay land tax lies with each owner of a land plot. Registration of ownership of a land plot does not entail the termination of the obligation to participate in the maintenance of public property and the legal entity itself. Thus, the member still needs to pay membership and targeted contributions in the partnership.

97. A member of SNT who did not pay the dues died. How to make the heirs pay their contributions - the father's debts and the money that they themselves owe as new owners.

Answer: it is possible to force the heirs to pay the debts of the testator in a judicial proceeding. Please note that you can collect only those funds that the deceased did not pay. Those "debts for the plot" that arose after the death of the testator cannot be collected. The owner of a land plot pays membership fees if he is a member, or pays a fee under an agreement if he is not a member and such an agreement has been concluded. If the agreement is not concluded and the citizen is not a member, he has no obligation to contribute any money to the cashier of the association.

98. How and where can you find out who is the owner of the land?

Answer: contact territorial department Rosreestr (at the location of the property). If the right to a land plot is registered, you will be given a certificate of the copyright holder.

99. We do not want to live in SNT. What will happen to our land after the elimination of SNT?

Answer: plots owned by citizens will remain with them on the same right as before. Common property is likely to be sold. And then the owner will be able to independently set the amount of payment for the use of his property.

100. When will the current law on gardeners be changed?

Answer: Unfortunately, no one knows the answer to this question. From point of view common sense this law must be abolished and the relationship between property owners must be regulated in accordance with the provisions of the civil legislation of the Russian Federation and the Constitution.