Legislation of the Russian Federation on garage cooperatives in 2021

In the capital, prices for parking spaces and parking spaces have long been exorbitant, as there is a catastrophic shortage of them. Traffic flows are only increasing and many car owners are looking for an acceptable alternative where they can store their car. Garage cooperatives in Moscow are popular, despite the fact that they are sometimes nondescript buildings and have been in operation since Soviet times. The price range for GSK garages is quite large. It all depends on the cooperative itself, its location and other factors.

The demand for garage space in GSK is constantly growing. All thanks to attractive prices and convenient location (sometimes large GSKs are located in the center of Moscow, near the metro and residential buildings). Therefore, in some cooperatives there are no more places and it is quite difficult to buy premises there. This is the situation in the Progress-A organization (University metro station).

10 largest garage cooperatives and analysis of their prices:

The largest garage cooperatives are located closer to the center of Moscow and buying a garage there is much more difficult. However, average prices for premises vary differently and are set by the owner himself, and there you can bargain.

What is a garage cooperative?

The Civil Code of the Russian Federation (Article 116) interprets a consumer cooperative as an association of citizens created on a voluntary basis for the purpose of consuming any goods and services.

A consumer cooperative can be of 3 types:

• garden;
• housing and country houses;
• garage-construction.

Many citizens associate the garage cooperative with E. Ryazanov’s film “Garage”. It is here that the concepts characteristic of such an association are heard: a meeting of shareholders, a board, etc. All this is relevant in our time, but some aspects have nevertheless changed.

The concept of “garage-building cooperative” came into use among citizens back in 1960 after the release of Resolution of the Council of Ministers of the RSFSR No. 1475, allowing the creation of cooperatives for the construction and operation of garages. The term itself was consolidated in Soviet legislation only in 1988 with the adoption of Law No. 8998-XI “On Cooperation in the USSR”.

GSK is an organization created on the basis of voluntary share contributions of participants for the purpose of storing personal vehicles . The tasks of GSK include the creation and maintenance of garages.

A garage cooperative is subject to mandatory state registration. The activities of the GSK are controlled by executive authorities.

The key document is the Charter adopted at the general meeting of shareholders . Constructed garages are considered the collective property of all members of the cooperative.

Credit consumer cooperative of citizens (CPC)

Credit consumer cooperative , abbreviated as KPK, is a voluntary association of individuals and (or) legal entities on the basis of membership and according to territorial, professional and (or) other principles in order to meet the financial needs of the members of the credit cooperative (shareholders).

The creation and activities of the CPC are regulated by the Federal Law of July 18, 2009 No. 190-FZ “On Credit Cooperation”.

A consumer credit cooperative is not a bank.

The activity of a credit cooperative consists of organizing mutual financial assistance of members of the credit cooperative (shareholders) through:

1. combining share savings (shares) and attracting funds from members of the credit cooperative (shareholders) and other funds.
2. placement of the above funds by providing loans to members of the credit cooperative (shareholders) to meet their financial needs.

The purpose of a credit cooperative is to unite shareholders in order to help solve the financial problems of each of them.

The credit consumer cooperative unites the following categories of citizens:

• citizens who do not have enough financial resources and need to be able to take out short-term or long-term loans on favorable terms.
• citizens who have extra money, and it is important for them to preserve it, and most importantly, increase it.

It is these categories of persons that form the shareholders of any CPC.

The cooperative has the right to accept savings from shareholders or third-party organizations at interest and issue loans. But the cooperative can issue loans only to its shareholders . Also, the credit cooperative has the right to invest the savings received in highly profitable projects and businesses, which allows you to multiply the invested money many times over and provide investors with high returns.

CPCs have a number of advantages over banks :

1. Ease of obtaining loans for borrowers. You can take out a loan from a credit cooperative even if you have a bad credit history: they will not require an income certificate or a guarantee.
2. For KPC depositors, the percentage of return on investment is higher than in any bank. Also, the deposit amount is lower than in banks, there is a replenishment, monthly interest payments and the possibility of early termination of the contract.
3. The principles of equality and mutual assistance, on which all cooperatives are based, enable any cooperative to form an internal system of benefits and discounts for all its shareholders.

But there are also significant disadvantages:

1. Interest rates on loans are higher than bank interest rates.
2. Savings of depositors can only be in rubles.
3. Income from interest received on deposits is taxed.
4. Deposits are not insured by the state.

A credit cooperative can be created by at least 15 individuals or 5 legal entities . A credit cooperative, the members of which are individuals and legal entities, can be created by at least 7 specified persons (clause 2, article 7 of the Federal Law of July 18, 2009 No. 190-FZ “On Credit Cooperation”).

Charter of a credit consumer cooperative

Particular attention should be paid to clause 3 of Art. 7 of the Federal Law of July 18, 2009 No. 190-FZ “On Credit Cooperation”: a credit cooperative is created on the basis of membership according to territorial, professional and (or) other principles. The principles for creating a credit cooperative are established by the charter of the credit cooperative.

The charter of a credit cooperative must provide for:

1. name and location of the credit cooperative;
2. subject and goals of the credit cooperative's activities;
3. procedure and conditions for admission to members of a credit cooperative (shareholders), grounds and procedure for termination of membership in a credit cooperative;
4. conditions on the amount of share contributions of members of the credit cooperative (shareholders), on the composition and procedure for making share and other contributions, on the responsibility of members of the credit cooperative (shareholders) for violation of obligations to make shares and other contributions;
5. rights, duties and responsibilities of members of a credit cooperative (shareholders);
6. structure, quantitative composition, procedure for creation, term of office and competence of the bodies of the credit cooperative, the procedure for their decision-making, including on issues on which decisions are made unanimously or by a qualified majority of votes, as well as the procedure for appealing decisions of the bodies of the credit cooperative;
7. the procedure for determining the amount and the procedure for making an additional contribution to cover the losses incurred by the credit cooperative by members of the credit cooperative (shareholders);
8. the procedure for settlements with a member of a credit cooperative (shareholder) upon termination of his membership in the credit cooperative;
9. the procedure for the formation and use of funds formed in a credit cooperative;
10. the procedure for distributing income of a credit cooperative and paying accruals on share contributions;
11. the procedure for convening and timing of the general meeting of members of the credit cooperative (shareholders), the procedure for organizing the counting of votes;
12. procedure for reorganization and liquidation of a credit cooperative;
13. the procedure for maintaining the register of members of the credit cooperative (shareholders), the list of information included in the documents confirming membership in the credit cooperative;
14. other provisions provided by law.

After state registration, the CPC is obliged to:

• be in the State Register of Credit Cooperatives, which is located on the official website of the Central Bank of Russia.
• receive a document on compulsory insurance of savings in accordance with the Federal Law of November 29, 2007 No. 286-FZ “On Mutual Insurance”.
• Also a mandatory condition is the membership of the CPC in the SRO - a self-regulatory organization of credit consumer cooperatives.

Law on Garage Cooperatives

In Russia there is no special legislative act regulating the activities of garage cooperatives.

Information about them is indirectly presented in such regulations as:

• Law No. 8998: This stipulates the basic provisions for the functioning of cooperative associations.
• Federal Law No. 99 contains an indication that a garage cooperative is equated to a legal entity, the activities of which are subject to mandatory state registration.
• Art. 9.1 and 116 of the Civil Code of the Russian Federation stipulate the rules for making collective decisions and standards for servicing garage boxes.

Some other laws regulate related issues: tax regime, rules for the provision of utility services, etc.

Advantages and disadvantages

The advantages of creating a garage cooperative are considered to be:

• obtaining the opportunity to build a complex of garages on city land;
• equipping the territory with all the benefits of civilization: supplying electricity, water, organizing cleaning and garbage removal;
• site security.

It is almost impossible to do this alone.

Minuses:

• The legal platform of the garage cooperative does not have full support from the state, and its activities are regulated only by special acts.

How to create a garage cooperative: step-by-step instructions

In step-by-step instructions we will tell you about the features of registration and functioning of GSK.

Step 1 - creating an initiative group

The decision to create a garage cooperative, documented, should be made jointly with the initiative group, which should consist of dedicated and interested persons who want to receive their share in the GSK.

The initiative group includes people who own vehicles . The minimum number of participants is three, including the chairman of the association.

In order for the cooperative’s activities to be effective, members of the initiative group must be informed and aware of the issues of paperwork; they are obliged to strictly comply with financial reporting requirements and know the rights and obligations of shareholders.

All decisions of the group are recorded, then the necessary documentation is collected, and a project is developed.

Step 2 – approval of the Association’s Charter

The charter of a garage cooperative, taking into account Russian legislation, is a key regulatory document, without which the creation of any cooperative is impossible. It contains the main points that allow you to resolve controversial issues without the help of lawyers.

Let us briefly present the most important points that should be outlined in the Charter:

1. General provisions . The name of the union, its legal status, address and direction of activity are indicated here. It should be noted that GSK has all the necessary attributes of a legal entity: stamps, seals, forms, open bank accounts.
2. Purpose and subject of activity . Here the reasons and goals that prompted the initiative group to take action to create a garage cooperative are determined. It should certainly be noted that GSK is a non-profit association and the main goal of its activities is to provide all participants with a place where they can store their vehicles.
3. Property . This section reflects the source of the formation of the cooperative’s budget and other financial aspects. It also briefly describes the property on the balance sheet of the cooperative, states the amount of membership fees and indicates the main items of expenditure. In addition, this paragraph should provide a system of financial penalties for late payment of contributions.
4. Activity regulators . There are 3 governing bodies in the GSK: the chairman, the meeting of members and the audit meeting. Members of the cooperative have the right to make changes to the basic documentation, determine the amount of membership fees, accept or exclude from the association. The chairman organizes meetings on important issues, collects contributions, plans expenses and controls the list of cooperative members. The Audit Meeting is the supervisory body dealing with the financial aspects of the cooperative's activities. The audit commission should not include members of the board.
5. Federal Tax Service resource . This describes the procedure for joining the GSK and the rights of its members, who have the right to participate in management, receive all information about the activities of the GSK, leave the company if necessary, and receive their share of property upon liquidation. The responsibilities of the members of the cooperative are to comply with the charter, fire and sanitary safety rules, and timely payment of the required contributions. The same paragraph specifies the conditions under which a participant can be excluded from membership of the community (debt in contributions, violation of the above rules, maintaining property in an improper condition, causing damage to property, etc.).
6. Liquidation and reconstruction of the cooperative . The reasons for the possible dissolution of the cooperative or merger with another GSK are described here. This issue is resolved at a meeting by unanimous vote or through the court on the basis of bankruptcy of the cooperative.
7. Accounting . This paragraph is intended to describe the conditions of accounting work and the organization of reporting meetings. The only source of receiving funds to the GSK account necessary for the functioning of the association is the finances deposited into the current account by shareholders in the form of various contributions. All payments are kept track of by the accountant and the chairman of the garage cooperative.

A simplified tax collection scheme applies to GSK, in accordance with clause 4, part 2, art. 6 Federal Law “On Accounting”.

We have presented the main provisions that should be contained in the Charter, but their number can be increased depending on the nuances of the activities of a particular cooperative.

Step 3 - registering a cooperative

With a complete package of constituent documentation, the chairman of the GSK is sent to the local tax office, where the new association is registered and registered. But first it is necessary to register current bank accounts for each member of the GSK, as well as for the association as a whole.

The package of documents for the tax service contains:

• GSK Charter (2 copies);
• minutes of the meeting on the establishment of the GSK;
• an application, confirmed by a notary, for registration of a cooperative in the form P11001;
• receipt of payment of state duty.

Documents can be submitted in person when visiting the tax office or through the website of the Federal Tax Service of Russia.

Note! According to new amendments to the law, notarization is not required if the founder personally submits documents.

If there are 2 or more founders, then they must appear at the tax office in full force or have the documents certified by a notary.

Step 4 – renting a plot of land

The lease of a plot for the construction of garages is agreed upon with the local government administration, then a lease agreement is signed with the right to further extension. The lease agreement is registered with the territorial registration chamber .

Step 5 – agreement with the developer

At this stage, you should choose a good construction company and enter into a contract with the contractor to design the cooperative.

All the main points and construction estimates are discussed with the foreman. Members of the GSK have the right to exercise control over the actions of the developer.

Upon completion of the work, documentation for the operation of the garage cooperative should be completed.

Step 5 - final registration of the cooperative

The registration procedure is as follows: the chairman submits all documentation on the GSK to the registration authority and after completing the procedure, the garage-building cooperative is allowed to operate.

Where does GSK begin?

The creation of a garage-building cooperative (GSBC) is a responsible procedure, and its implementation must be approached with the utmost seriousness. The opening of the GSK begins with the following actions:

1. Searching for like-minded people who do not want to abandon their car in the middle of the street, preferring to have their own garage. Try to choose people you know with whom you have experience communicating. This will make it easier to negotiate and resolve controversial issues.
2. Creation of the charter. This is necessary because the GSK is considered an organization.
3. As soon as the constituent papers are prepared, go to the tax office and register.
4. Choose a bank that is trusted by all members of the garage cooperative and open a current account with it.
5. Select a plot of land to build a future garage cooperative and draw up a lease agreement with the local administration.

Note! The documents required to issue a rental permit may vary depending on your region of residence. The administration should notify you of all the details of registration.

1. Select a development company and sign an agreement with them for the construction of garages on the site.
2. Once the garages are built, it is time to register the garage cooperative. This is done by the chairman of the organization, submitting the required papers.

Choose as chairman the most active participant who is not afraid to take responsibility and approaches the matter with all seriousness.

Types of contributions

The contribution is a mandatory financial component of membership in the GSK. In general, cooperatives exist only thanks to contributions; That is why penalties are provided for delays, including exclusion from the association.

The amount of contributions is determined at meetings and amounts to the amount necessary for the construction and maintenance of garage premises.

Next, we will consider the types of GSK membership fees:

• Entrance fee . Each new member of the cooperative, upon joining the community, is required to pay a set amount, which is spent on registering the documents necessary for membership in the cooperative.
• Membership fee . Contributed to maintain the smooth functioning of the association, for utility costs and for salaries of full-time employees.
• Share contribution . It can be paid not only in money, but also in securities, transfer of property rights or movable/immovable property.
• Additional payment . Charged to cover unprofitable items of the garage cooperative.
• Target contribution . It is not paid constantly, but only at the request of the board of the cooperative to cover unscheduled expenses, for example, for repairs, maintenance or modernization of GSK property.

GSK management procedure

The easiest way is to imagine the management of the GSK in the form of a sequential scheme consisting of four points.

First: the governing body is the general meeting of shareholders. It is advisable that meetings be held at least twice a year. Resolutions on issues discussed at the meeting are considered adopted if a majority of shareholders vote for them.

The questions relate in particular to:

• amendments to the Charter;
• the size of the GSK financial fund and contributions;
• exclusion from the association of citizens, acceptance of new ones;
• coordination of cost estimates and annual balance;
• approval of members of the audit body and removal of their powers;
• election of the chairman of the GSK.

Second: the board of the cooperative acts as the executive body. The standard number of board members is three people. They are also approved at the general meeting of shareholders.

Within his competence:

• accounting for shareholder contributions and directly organizing collections;
• calculation of cost plans and estimates;
• maintaining lists of cooperative members;
• preparation of the meeting agenda and its approval by the chairman.

Third: a leader is appointed on the board - a chairman.

And fourth: it is also necessary to have an audit body that monitors the state and activities of the GSK. This is the audit commission appointed by the general meeting.

Rights and responsibilities of the chairman

The chairman of the garage cooperative is elected by the general meeting of shareholders. The term of authority assigned to him is 2 years.

His responsibilities include:

• management of the work of the board;
• management of the association's funds;
• organization and holding of general meetings;
• concluding contract agreements with hired workers.

How to become a member of the GSK?

The procedure is presented in the Charter. The procedure for joining the GSK consists of several stages:

1. Application addressed to the chairman (considered within 30 days).
2. Making various contributions.
3. Obtaining a garage cooperative membership card.
4. Share registration.

If the garage was inherited, the new owners can refuse membership in the GSK and receive compensation for the share payment.

Documents required for registration:

• certificates from the chairman regarding payment of the share;
• papers confirming the activities of the cooperative;
• building plan (ordered from a cadastral engineer);
• statement.

Rosreestr reviews the application and documents within 10 days, after which the participant receives a certificate of ownership.

Expulsion from the Civil Code is possible due to ignoring the duties of a member of the cooperative. The Charter specifies the reasons why members may be expelled. As a result, these persons are deprived of the opportunity to use the garage.

Before making a decision to exclude a candidate, he must be notified in writing within the time limits established by the statutory document. Such a person must be paid the amount of the share contribution and cooperative payments.

To leave the cooperative on a voluntary basis, a person submits an application addressed to the chairman, which is considered by the board of directors of the organization.

Site selection and land lease agreement

When choosing a site, you must be guided by common characteristics among members of the cooperative. This may be a place of work, and then you need to choose an area as close to it as possible. This may be a place of residence - in this case, a site close to houses is required.

After several sites have been selected by members of the organization, either by a general meeting of members of the association or by an initiative group, a decision is made and one of the sites is selected. It is important that it is not privately owned and is large enough for the construction of several dozen buildings on it. Engineering communications should be located as close to it as possible.

You cannot try to lease or buy a plot that is:

1. A place for permanent military training and training;
2. A testing ground for the explosion of found dangerous substances and mechanisms;
3. A nature reserve on a federal or regional scale;
4. Reserved for social needs;
5. An architectural monument;
6. Cultural heritage.

After the site has been selected and approved, you need to find out who owns it. This may be local government or city land. In addition, the site may be allocated by the administration itself. To obtain land for rent, you need to contact the local government agency for organizing land use.

An application on behalf of the initiative group is submitted to this body. Both positive and negative responses will come within 30 working days from the date of application. The decision is handed over to the initiative group. If approved, a lease agreement is concluded and a cadastral passport for the proposed construction is ordered. The concluded lease agreement must be registered with the registration chamber and should not be delayed.

Is it possible to open a car service center in a garage cooperative?

To provide vehicle repair services, a member of a garage cooperative must:

• Obtain the consent of the general meeting to use the garage as a car service center.
• Obtain a sanitary and hygienic conclusion from the territorial bodies exercising state sanitary supervision.
• Coordinate the operating hours of the car service with local executive and administrative authorities.
• Obtain a certificate of conformity for the services provided for the maintenance and repair of vehicles from the certification body.

In turn, the Civil Code is obliged to:

• Ensure that vehicles have access to the territory of the garage cooperative during the work hours of the auto repair shop.
• Provide the ability to connect the car service center to energy and water supply systems, as well as sewerage systems.

What is it: a cooperative garage

You should start setting up a garage cooperative by looking for truly enterprising people; the preparatory stage is a rather intensive task. It is necessary to inspire garage owners to create an organization and convey to them all the benefits.

At this stage, you can describe the action by role:

1. The General Meeting is the highest body, which, among other things, appoints the chairman of the organization.
2. The executive body is the chairman of the institution.
3. The control body determines the size of the share, draws up and approves estimates.

In fact, everyone wants to have their own garage, which means they need to act decisively.

Is it possible to wash the car?

It is possible if wastewater drainage is provided on the territory.

In conclusion, we note that the process of organizing a garage cooperative is quite complex. A lot of time and effort will be required to draw up the Charter, collect and prepare documentation, so it is important that among the participants of the Civil Code there are legally literate people.

But if there are none, you can seek help from a lawyer or entrust the procedure to companies that provide services for preparing documents for registration, which will avoid a number of mistakes and simplify the registration procedure.