Dacha consumer cooperative: legal status, pros and cons

What is a dacha consumer cooperative?

A dacha consumer cooperative is an organization that is established voluntarily by citizens.
She assists all participants, helping to solve complex social problems of gardening and horticulture. According to the civil legislation of the Russian Federation, namely under Article 11 b of the Civil Code of the Russian Federation, this is a voluntary union of people and legal entities on the basis of membership. Their main goal is to meet all the needs of the members, which is accomplished through the pooling of contributions.

The dacha cooperative is a non-profit organization. In addition to information and mandatory statutes, it also contains conditions on contributions, their composition and responsibility for violation. All decisions are made unanimously.

After the annual balance sheet is approved, members of the PC must cover the losses that were incurred in this way. If such obligations are not fulfilled, the cooperative may be removed according to the requirements of creditors. As for rights and obligations, they are determined according to the laws of the Russian Federation on dacha cooperatives.

Benefits

If the buyer considers a dacha as an object where he can easily and without worries spend a few summer days, then a dacha cooperative may be a good solution. However, if serious construction is planned on this site, or there will be a need for permanent residence (all year round), or for full-scale construction of residential premises, then this type of cooperative is not entirely suitable.

As an alternative to the second option, the so-called individual residential construction (IHC) can be considered. In this case, it is possible to obtain a residence permit and implement all plans to live here on a permanent basis.

Why is this organization created?

Uniting dacha owners into this organization can bring many benefits. For example, in the event of an urgent situation (for example, a mudflow in mountainous areas), all members of the dacha cooperative can develop a plan for eliminating the consequences at a general meeting. The result can be achieved much faster than with an individual solution to the problem.

Advantages and disadvantages

The advantage of such organizations is that all profits are distributed among the participants, taking into account labor contributions and their size. If a person contributes a lot to the cooperative, he receives the greatest benefit.

When a cooperative is liquidated, property between members is often distributed along with labor contributions. It may be aimed at satisfying the requirements of creditors. Thus, all members have an incentive to work conscientiously and contribute to the cooperative's activities.

It is also worth noting that all members of the cooperative have the same rights and each has a vote.

As for the disadvantages, it is worth noting the difficulty in creating such an organization. As mentioned earlier, the composition should include 15 individuals and 5 legal entities. All members must take an active role in the organization, and some may find this uninteresting and tedious.

Sand-lime brick

This material consists of a mixture of lime and sand in a ratio of 9:1. The manufacturing technology is as follows: under the influence of a temperature of 170C and 100% humidity, a chemical reaction occurs. The output is a new substance whose properties are similar to Portland cement.

Omitting complex technical details, let's say that a foundation cannot be laid from such a brick, since it is not resistant to moisture. It is also not suitable for laying fireplaces and stoves, since silicate will not withstand such a high temperature. Plastering this material is also not very convenient, since due to the increased smoothness, poor adhesion to the solution will occur.

The walls made of sand-lime brick are quite heavy, so you will need a massive and durable foundation.

However, this material also has a number of advantages. It has high sound insulation, so it is ideal for laying internal partitions.

Below we list its other advantages:

affordable price;
exact dimensions;
non-flammability;
ease of use;
reliability;
resistance to sub-zero temperatures;
environmental friendliness;
service life more than 50 years;
attractive appearance;
possibility of obtaining different shades.

The choice of sand-lime brick is made based on its parameters and brand. The least durable is the M-75 model, while the M-300 brand product demonstrates the greatest durability.

Personal subsidiary plot

Allotments for personal subsidiary plots can be issued within populated areas. It is allowed to build permanent houses on them. It is assumed that the building will be part of a subsidiary farm. If the plots are located on agricultural lands, the construction of houses is prohibited. In this case, the owner of the land can only engage in the cultivation of useful plants.

In case of compact development of settlements, two allotments are issued for running personal subsidiary plots. The smaller site is located within the populated area. It is intended for building a house. The larger plot is located outside the settlement. Here the owners grow agricultural plants.

KDP as a legal entity

A legal entity conducts its activities according to the charter or in accordance with the constituent agreement. A person created under the code acts on the basis of a charter, which is approved by the founder. The charter of a dacha association specifies the responsibilities of legal entities.

What documents accompany the activity?

The cooperative has the following documentation:

Agreement on the establishment of an organization.
Charter with all additions and changes.
Documents that confirm the cooperative's right to property.
Internal papers.
Accounting reports.
Minutes of meetings and sessions of the commission.
Conclusions from state and municipal control bodies.
Documents required by the law of the Russian Federation.

The cooperative must provide access to all documents.

Comparison with a horticultural organization

Let's look at each of them separately. The gardening partnership has the following characteristic features:

Property that was purchased with the help of contributions from members of the partnership is the property of the organization.
Everyone who is a member of such an organization does not meet its obligations.
The partnership has the right not to satisfy the demands of everyone who is part of it.

Gardening partnership has the following features:

Property purchased at the expense of participants is considered their property. Legal entities also have the right to dispose of it.
Members of the gardening partnership do not meet its obligations.
The partnership does not meet the requirements of the participants.

The dacha organization is distinguished by the following features:

Property that was purchased with the money of the members of the partnership can be used for their purposes.
All members of such a cooperative must cover losses by contributing additional funds.
Members of the dacha association bear full responsibility for all actions, and if necessary, they pay contributions in equal amounts from each member of the community.

How is it different from other types?

It is assumed that a dacha cooperative involves the construction of houses and their registration as property, while with other types only the development of a vegetable garden is possible, and the construction of houses plays far from the main role.

It is worth noting that the law does not have clear distinctions. Registration on the territory of such organizations is excluded, but some changes will come into force in the future. You cannot register at dacha and garden cooperatives, but in a gardening partnership everyone will soon have such an opportunity.

Differences between SPK and SNT

Last year, a new law on gardeners was adopted; it will come into full force on January 1 of this year. But reforms have already begun in many SNTs. Features of dacha non-profit associations: in which village is it better to buy a plot? I found a seemingly tasty option in the agricultural cooperative: a small community, with 16 plots, between two rivers, quiet, forest, fishing, hunting, road nearby. In the property, there is information on the site in the Rosreestr. The price seems normal.

How can I check whether the cooperative has debts and whether I will have to pay part of them in the future? In general, what are the pitfalls of purchasing from an SEC? Or is it better not to buy a plot from the SEC at all?

If such serious fears of mine are in vain, then what kind of “pitfalls” might there be for purchasing a plot in the SEC? The advantages are clear. But there are also disadvantages: a lot of people and no nature. Well, why: the outskirts of a small town or village, quite good, and nature and civilization are not far away.

Another question, taking into account the fact that this is a cooperative: if it suddenly turns out that it has a lot of debts, will I, as the owner, have to pay for these debts of the cooperative, for example.

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There are no users viewing this page. Other Search in. Featured posts. Published: May 23 Good afternoon. There is only one fact that confuses us - this is a joint venture company, and a relatively recently created one. I have never dealt with cooperatives before. On one of the sites I found the following information: Members of the cooperative, on the contrary, are obliged to annually cover the resulting losses by making additional payments. Category: Agricultural land Permitted use According to the classifier code: According to the classifier description: For gardening and horticulture by citizens According to the document: For gardening and dacha construction Status: Registered Address: region.

Lesnaya, 1 Specified area: 1 Form of ownership: No data Date of registration: Share message Link to message Share on other sites.

In terms of fees, it makes no difference. Published: May 26 I'm leaning towards this SPK. Published: June 14 A message can contain no more than 2 pictures. Join the conversation You can post now and register later. Reply to topic Image via link. Go to the list of topics. Log in registration. Login via uID Old login form. I have forgotten the password. Registration. Reputation: 0 Status: Offline. Login via uID Old login form E-mail:[ ].

How to create different types of non-profit organizations St. Petersburg, Ligovsky Prospekt, 52A Metro: metro station Ploshchad Vosstaniya, Ligovsky Prospekt. E-mail: p yandex.

Switch to English registration. Phone or email. According to Russian legislation, several types of land plots are distinguished according to their purpose - for example, agricultural land, settlement land, land intended for the location of industrial facilities.

The category of a lot determines in what ways the owner is allowed to use it. Features of SNT in 2021. Topic in the section “Legal regulation of the activities of associations”, created by the user mapadona, Search only in titles User messages: Separate the names of participants with a comma. Newer than: Search this topic only Search this section only Display results as topics. Quick search. The management of a country village can be carried out using the services of a management company or through an association created by the owners of the land plots themselves.

Important nuances

Having determined what individual housing construction, DSK and SNT are, we can draw conclusions regarding the actuality of one or another format. Today, even experienced lawyers have difficulty grasping the difference between DSK and SNT. However, it is the dacha non-profit partnership that is considered the most profitable.

The main disadvantage is difficulties with registration, but this nuance can be solved. Among the main advantages are the low cost of the construction process, the comfort of living itself, and the ability to combine life in an individual home with the opportunity to run your own household.

Individual construction will cost more. However, it is easy to register on your site, there will be no problems with permanent registration, registration of a tax deduction for built housing, and there is also the opportunity to use certain social norms. The main inconveniences during construction are associated with the need to constantly coordinate all construction stages and the formation of individual communication nodes with the relevant organizations and services.

Becoming a community member

Persons who have reached the age of 18 can become members of the cooperative. The law provides for the opportunity for legal entities to become participants. Before joining the community, you must submit a written application and pay an entry fee. It is established by statute.

Whether or not to admit a person to a cooperative is approved by a general meeting at which all participants are present. It is important to separately talk about those who are already members of the organization. Such persons have the right to vote at meetings because they are rightfully accepted into the community.

Borders

As a rule, each owner has a limited plot. On the one hand, this gives the owner a lot of convenience. On the other hand, on the contrary, it can prevent the implementation of many decisions made at the meeting of owners. Most often, cooperatives of this type are created on the outskirts of cities, which can cause considerable harm to the environmental situation.

Most often, plots for building a dacha were given in places that were not the most favorable for this: near swamps or near electrical networks. Purchasing this plot in this way may not be profitable. Therefore, before carrying out it, it is advisable to visit this place yourself and evaluate the territory on which the site is located.

Contributions will be less, but failure to pay will result in court

The number of contributions that can be collected from members of the partnership has been reduced: if the old law allowed the establishment of four types of contributions (membership, target, share, additional), now there are only two left - membership fees and target contributions. Membership fees will be collected once a year and will be used for the acquisition and maintenance of common property, the construction and repair of capital construction projects on a common site, as well as the services and work of the partnership for managing the common property. Targeted contributions are collected and spent by decision of the general meeting of members of the partnership. Contributions unpaid by any member of the partnership can be recovered from him through the court.

Taxation

Unlike taxes that are paid within the city limits, taxes within the boundaries of a dacha cooperative are very small. This is precisely what attracts new homeowners. Too high a property tax in a dacha cooperative can stop a potential buyer and force him to reconsider his choice. Infrastructure

As a rule, this is precisely what is not very good in a cooperative of this type. If the owner needs a dacha only for a summer holiday, then he can completely immerse himself in its atmosphere by taking a large amount of products from the city with him.

On the one hand, this can even distract you from the bustle of the city even more. But in this case, you need to be very prudent, since if the need arises to purchase any product, the distance to the grocery store may be very far.

Types of land plots

The following types of land use are permitted by law:

Private household plot (personal subsidiary plot);
DNP (dacha non-profit partnership);
SNP, SNT, SPK (various horticultural associations);
peasant farm (peasant farm);
IZHS (individual housing construction).

Each plot must be entered into the state cadastre. In this case, the cadastral number, date of entry, area, description of boundaries, address of the object, information about the cost are noted.

Features of dacha non-profit associations: in which village is it better to buy a plot?

The management of a country village can be carried out using the services of a management company or through an association created by the owners of the land plots themselves. Such associations can be in the form:

SNT, ONT or DNT - gardening, horticultural and dacha non-profit partnership;
ONP, SNP and DNP - vegetable gardening, gardening and dacha non-profit partnership;
OPK, SPK and DPK are vegetable gardening, gardening and dacha consumer cooperatives.

Their activities are regulated by the Federal Law “On GARDENING, VEGETABLE AND COUNTRY NON-PROFIT ASSOCIATIONS OF CITIZENS” No. 66-FZ of April 15, 1998

The main differences between these associations are the legal regime of common property, as well as the responsibility of members for the obligations of a legal entity.

DACHNO - CONSTRUCTION CO-OPERATIVE

(DSK) is an association of citizens for the purpose of constructing dachas at their own expense and subsequent economic operation and management of the dachas. Members of the cooperative can be citizens who have reached the age of 18. Organizations cannot be members of a cooperative. A member of a dacha construction cooperative cannot simultaneously be a member of another dacha construction cooperative. To form a dacha construction cooperative, an initial union of at least 10 citizens (founders of the cooperative) is required. They develop the charter of the cooperative (in accordance with the Model Charter approved by the government), as well as an indicative plan (volume and type) of construction and submit the charter for registration to the housing department of the Council of Workers' Deputies of the city where the founders live. From the time of registration of the charter with the housing department, members of the DSK make entrance and share fees; The cooperative has the right to acquire property, open bank accounts, and enter into contracts, i.e., it has the rights of an independent organization (it is a legal entity). He also has the right: a) to receive land plots in a place allocated by the executive committee of the city (district, regional) Council of Working People's Deputies for dacha construction; b) carry out landscaping and landscaping work on these areas; c) carry out, in accordance with the approved construction project, work on the construction of dachas and ancillary buildings, as well as the necessary administrative and economic buildings; d) enter into all kinds of agreements necessary for the construction and operation of summer cottages; e) organize areas for sports, games, etc. The number, type and size of dachas built by the cooperative, as well as the construction time frame, are established by the general meeting of members of the cooperative and are included in the act of allocating the site for free and indefinite use of the cooperative. A plot of land for construction can be allocated to a cooperative upon depositing at least 50% of the cost of construction projected by the cooperative into its bank account. The procedure for making share contributions is determined by the general meeting of members of the cooperative, which has the right to establish both uniform deadlines for all members of the cooperative and different deadlines for different categories of cooperative members. The cost of personal work is also included in the share contribution. Personal labor of cooperative members on construction is carried out in agreement with the board of the cooperative in accordance with the construction work schedule and must be taken into account by the work contractor in the general manner. The construction of dachas should be carried out by the cooperative, and not by individual members of the cooperative. Therefore, the actions of those dacha cooperatives that, instead of building dachas, allocate dacha plots to members of the cooperative and allow them to individually build dachas with the subsequent crediting of the cost of construction to the cooperative member’s savings account are incorrect and violate the Model Charter. Each member of the cooperative must be provided with a dacha or part of a dacha in accordance with his share. A member of a cooperative with his family has the right to use the dacha premises provided to him by the cooperative during the entire existence of the cooperative. With the consent of the board of the cooperative, he has the right to rent out the dacha or part of it to outsiders for a fee not exceeding the rates established for dachas by the local Council. Disciplinary measures may be taken against a violator of the charter, up to and including expulsion from the cooperative. Anyone expelled from the cooperative is subject to eviction from the dacha in court without being provided with another dacha premises. The premises vacated in this case are provided to another member of the cooperative who, due to the growth of the family, needs larger premises, or to a newly hired person. To the excluded shareholder, his share is returned at book value no later than 3 months upon approval by the general meeting of the annual report for the year during which the shareholder was excluded from the cooperative. In the event of the death of a member of the cooperative, his share passes to his heirs. Family members of the deceased who used the dacha premises assigned to him have a preferential right to further use of this dacha, provided that one of them joins the cooperative. Voluntary withdrawal of a member of a cooperative from its membership is permitted provided that he transfers a share (at book value) to another person and accepts this person as a member of the cooperative instead of the one who left. By agreement with the cooperative, the retiring shareholder can transfer his share to the cooperative itself. Major repairs of the dachas are carried out by the board of the cooperative at the expense of operating costs.

Concise encyclopedia of household management. - M.: Great Soviet Encyclopedia. Ed. A. F. Akhabadze, A. L. Grekulova. 1976.

See what “DACHNO - CONSTRUCTION CO-OPERATIVE” is in other dictionaries:

Consumer cooperative

— A consumer cooperative is one of the types of cooperatives. A consumer cooperative is a voluntary association of citizens and legal entities on the basis of membership in order to meet their own needs for goods and... ... Wikipedia

CONSUMER COOPERATIVE

Legal dictionary

consumer cooperative

- according to the civil legislation of the Russian Federation, a voluntary association of citizens and legal entities on the basis of membership in order to satisfy the material and other needs of the participants, carried out by uniting its members with property shares... ... Large legal dictionary

DPK

— Democratic Party of Kosovo Kosovo, political. DPK wood processing plant organization

How does SNT differ from SPK

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the numbers provided on the website. It's fast and free!

The main differences between these associations are the legal regime of common property, as well as the responsibility of members for the obligations of a legal entity. Main features of partnerships In a partnership, common property acquired or created by such a partnership at the expense of targeted contributions is the joint property of its members.

PRO new building (Moscow)

A credit cooperative, like others, is a non-profit organization.
A cooperative can be created if there are at least 15 individuals/5 legal entities among those interested. persons
If such a cooperative is created jointly by legal entities. and physical individuals require at least 7 in total.
The highest governing body will be the meeting of shareholders.
The CCP is similar in its activities to a mutual aid fund.
The cooperative attracts money from shareholders, which is allocated by providing loans to its members. The profit received from borrowers is used to pay for the deposits of shareholders.
The CPC cannot provide loans to persons who are its members. Also, non-participants cannot act as guarantors.
A credit cooperative is required to comply with certain financial standards. Thus, the maximum amount of one loan that is provided to one member cannot be more than 10% of the total amount of debt on loans already issued at the time of the decision to approve the loan (and no more than 20% in the case of a CCP operating for less than two years).

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A consumer cooperative is a non-profit organization, which is presented in the form of a voluntary association of citizens and legal entities. persons based on membership and aiming to satisfy material and other needs, which would be fulfilled through the pooling of contributions from the property shares of its members.

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