How to create a garage cooperative step by step instructions

What is a cooperative, what are they, and how to register them in 2021? A lawyer in the field of registration of non-profit organizations will explain in detail the procedure for registering a cooperative, the list of documents for registration, and the deadline for registering a cooperative.

A cooperative is a voluntary association of people and/or organizations based on membership. The cooperative is organized so that all participants who contribute a share achieve common economic and social goals and results related to material or other needs.

The cooperative has a direct connection with the economic interests of its members. The basic principle of a cooperative: one shareholder - one vote , which is fundamentally different from business companies.

Along with the private (individual) and public (centralized) sectors of the economy, the cooperative, in terms of ownership/capital, is considered as a third sector of the economy.

The main feature of this education is the combination of public and commercial aspects in its status.

Legal regulation of cooperatives
Types of cooperatives
Registration of a cooperative
Registration of a garage cooperative
Registration fee

Step-by-step instructions on how to organize a garage cooperative

Creation of a group of initiators.
Writing the GSK charter.
Preparation of a package of documents.
Registration with the tax authority.
Opening of settlement and cash services in a bank.
Search and registration of land territory.
Construction of garage buildings.
Registration of the created GSK.

Creation of an initiative group and organization of a garage cooperative

The initiative committee is selected from among the owners of personal cars who have decided to organize a GSK.
A leader unites several people, but not less than 3. The link that unites car owners can be the following condition:

living in the same area;
place of work.

Members of an initiative association must have the following qualities for effective activity:

business competence;
knowledge of legislation for writing a charter, contract;
ability to prepare documentation;
communication skills for competent negotiations;
compliance with financial reporting requirements.

Writing the GSK charter

The first thing the initiative group does is hold a meeting with the preparation of minutes and a resolution on the formation of the State Joint Committee.

There are 8 fundamental points of the GSK charter:

General provisions containing information:
about the founder;
about the location of garage buildings.
The goals of the activities of the GSK, formed in connection with the needs of its participants.
Legal possibilities of GSK.
GSK property and methods of securing it: entrance, share, membership fees.
Management organization:
governing body;
chairman
Rights and obligations of shareholders of a garage cooperative.
Reporting: statistics, accounting and other supporting documentation, audit.
Reorganization of the cooperative.

In the photo below you can see a sample of the GSK charter:

Step-by-step instructions for creating a garage cooperative

For the subsequent registration of a garage cooperative, which takes place according to the rules established for legal entities, it is necessary to submit a package of documents to the territorial body:

charter of a garage consumer organization;
resolution of the general meeting with the decision to open a garage cooperative;
an application certified by a notary office for the registration of a civil registration document in the form P11001. Download form P11001 and instructions for filling it out;
a receipt confirming payment of the state duty.

Reference. In modern conditions, in accordance with Article 9 of Chapter 3 of Federal Law No. 129, a personal visit to the tax authority or the use of postal services has become optional to provide documents. You can use the Internet, carry out the procedure through a single portal of government services or the website of the Federal Tax Service of Russia.

How to register a GSK with the Federal Tax Service?

The documentary materials indicated above are transferred to the territorial body of the Federal Tax Service.

The new changes make notarization optional if the filing is made in person.

But you won’t be able to save on notary services if several persons are recognized as founders.

In the absence of notarization of the application, all founders must appear at the registration authority when submitting documents.

Changes have been made to OKVED for GSK. The question arises as of 01/01/2017: what OKVED number for a garage cooperative corresponds to this activity. The number required to be entered on Form P11001 is 52.21, which governs “...the operation of highways, bridges, tunnels, parking lots or garages...”.

It is necessary to keep track of innovations and accurately fill out form P11001. Taking into account the new requirements allows you to avoid refusal to register a GSK due to incorrect completion of the form, which is machine-readable. Deviation from the requirements will result in denial of registration.

Reference. The number of registration applications submitted is not limited. But the amount paid when submitting an incorrect application is not refundable. Each time you submit documents, you will have to pay a fee.

Opening a current account

A current account is required to conduct payment transactions of all types. Personal accounts are opened for cooperative members.

There are two ways to carry out the procedure for opening an account for settlement and cash services.

use the online account reservation resource;
personally write an application to the bank.

List of basic documents for opening an account:

constituent documents.
Extract sheet from the Unified State Register of Legal Entities.
Card representing specimen signatures of appointed officials.
Client information on the bank form.
Documents confirming the appointment to a position of people registered in the data on the signature card.
A document on the authorized rights of the sole body of a legal entity.

How to organize a GSK and find land for garages?

To determine the land area, you must:

in the proposed construction area, find a site that meets all parameters, i.e. located at the legally required distance from a playground, residential or pedestrian area;
contact the local administration to determine the intended purpose of the land in accordance with the city development plan;
Having received consent for the construction of the civil construction complex, submit an application to participate in the tender;
if no other applicants are identified, arrange a lease at the cadastral value;
When drawing up a lease agreement, specify the lease term (usually an indefinite lease).

Reference. The fundamental legislative act regulating the procedural circumstances of land lease is the Land Code of the Russian Federation dated October 25, 2001 No. 136-FZ (as amended on October 3, 2001, as amended and supplemented, which entered into force on January 1, 2017).

A signed lease agreement, in accordance with Art. 609 of the Civil Code of the Russian Federation, requires state registration.

Construction of garages

The direct construction process occurs in compliance with the requirements of the “Town Planning Code of the Russian Federation” dated December 29, 2004 N 190-FZ (as amended on March 7, 2017).

The main factor for the construction of garage buildings within a certain time frame and of proper quality is the choice of the developer company.

Agreements for the design of the GSK and its construction are concluded with a reputable construction organization.

When construction work is completed, appropriate contracts are signed with organizations providing GSK maintenance.

Registration of a garage cooperative

After the signing of the garage acceptance certificate, measures follow to register the property rights of the GSK. The chairman submits the application and attached documents to the territorial body of Rosreestr.

Reference. According to the charter, throughout the entire procedure the chairman of the cooperative is responsible to the members of the GSK. All documents submitted for state registration must be executed without violating the law.

How to give up a garage that you own?

In many cities, administrations have decided to demolish garages.

It is very annoying to lose a garage that was built and lived in long ago, but city administrations do not really think about the feelings of citizens in cases when the question arises of freeing up land plots for further planned development.

A new road, a residential neighborhood, a modern shopping complex can be built on the territory of your garage cooperative or on a site that is your property.

In such cases, it is quite possible to demolish garages located on the given territory and interfering with construction. In this article we will talk about what to expect from the administration and what to do if your garage is demolished.

When property is owned

When the threat of demolition arises, many begin to panic: “The garage is being demolished, what should I do?” In such cases, the Civil Code of the Russian Federation in Articles 279–282 clearly regulates the rules for the seizure of a land plot for the needs of a municipality or state. Two possible options qualify.

A citizen is the owner of a garage, which is built on the land of a garage cooperative.

For the demolition of a garage owned by the owner, compensation is paid to the owner.

In this case, the municipality is obliged to pay compensation to the owner for the demolition of the garage (see paragraph

Compensation for garages: what is provided by law).

But there may be another option - providing a parking space or a similar garage in the GSK, built at the expense of budgetary funds, and the space should be provided in any place convenient for the owner.

Let us repeat that compensation for the demolition of garages is provided to those owners who have properly executed ownership documents (see How ownership of a garage is registered) and is paid by the municipal administration.

Important! You need to know that when demolishing garages, compensation depends on the decision of the leadership of your region, since the amount of payments is not regulated by law, and each region has the right to determine for itself to whom and in what amount it will be paid.

Many parameters influence the final result:

Garage location.
The material from which it is constructed.
Availability of inspection hole and cellar.
Interior and exterior decoration.
Availability of light, heating, etc.

If the owner does not remove his garage within the agreed time frame, then it is forcibly removed, without caring about the safety of the property.

You have received a notice that garages are being demolished, what should you do first? It is necessary to submit an application for compensation to the administrative body dealing with such issues within 30 days, then collect and submit the following documents to the garage construction specialists located in the administration of your district:

The administration's decision regarding the provision of space for the construction of a garage.
A document by which the garage has passed into legal ownership from another person (purchase and sale, inheritance, donation, etc.).
Certificate of ownership of a garage issued by Companies House.
A document confirming membership in the Garage Cooperative.
Other documents that are legal in your region.

Based on the package of documents collected and handed over to the specialists, an independent appraiser is obliged to evaluate your garage and calculate the amount of compensation. Then the assessment document is sent to the department at the place of your application, where the issue of providing a parking space or another garage will also be decided.

The citizen owns the garage and the land on which it is located.

It is not easy for the legal owner of the garage and the land plot underneath it to endure the demolition of his beloved brainchild, built with his own hands, but he is guaranteed payments and the provision of another plot in any convenient place.

You are rightfully the owner of the garage and the land underneath it. When garages are demolished, what should you do in this case? Here the city can offer to purchase the site along with the building located on it.

The buyout involves the transfer of the garage and land to the full disposal of the municipality or state, but only with the consent of the owner. As an alternative, the owner may be offered a building plot in another convenient location.

No later than a year before the upcoming demolition, the owner must be notified in writing of the decision made regarding the land plot owned by him. In this case, protection against demolition of a garage without compensation is the presence of a package of documents confirming the right to ownership of the site.

If an agreement is reached, then the terms, conditions and redemption price are determined, which includes the market value of the garage and plot, as well as the amount of loss caused to the owner. The market value is determined based on the federal law “On Valuation Activities in the Russian Federation.”

The calculation of losses includes:

Lost profit.
Costs associated with restriction of rights.
Losses caused by early termination of obligations to third parties.

For the demolition of a garage located in the GSK, compensation is provided and the provision of a parking space or garage in cooperatives built with budget money.

To receive compensation within the same 30-day period, the following documents must be provided to the body dealing with such issues:

A document confirming the right to occupy this land plot. This may be an act on the transfer of land for personal use from local governments or a decision issued in Soviet times.
A document by which the land has passed into legal ownership from another person (purchase and sale, inheritance, donation, etc. (see How to register land for a garage)).
Certificate of ownership of a garage issued by Companies House.
A document confirming membership in the Garage Cooperative.
Other documents that may be required in a particular case in your region.

The assessment procedure is carried out by an independent appraiser, who determines the amount of payment. In addition, by agreement of the parties, the owner may be given another plot of land in exchange for the seized one, the price of which will be deducted from the redemption value.

Demolition of flat garages is carried out only after both parties have signed an agreement and registered it with the Registration Chamber. Until this happens, no one has the right to demolish the building.

Important! In both cases, if both parties have agreed on the estimated value of the object, then the money is transferred to the bank account specified in the application. But if the owner does not agree with the assessment amount or the allocated location for the new garage, then all disagreements are resolved in court.

The garage is on rented land

If you have the owner's documents, you can get another place to install a garage and payments for early termination of the lease.

Basically, Garage Construction Cooperatives (GSBC) are allocated land for construction on a lease basis for a certain period.

Very often, the management of GSK forgets about renewing the lease or is faced with the impossibility or unwillingness of officials to renew the contract.

Accordingly, when the lease expires, the land again passes to the city, and the buildings on it are considered illegally erected. The same applies to individuals who did not renew their lease at the time of demolition.

In order not to lose a long-built and lived-in garage, protection against demolition must be reliable, and these are documents confirming ownership of the object itself. If they are completed according to all the rules, then you have the right to receive compensation upon its demolition, otherwise you may be left with nothing.

If the lease has not yet ended, and the garages are already being demolished, then the owner is entitled not only to payment of the market value of the property, but also to compensation for losses associated with the early termination of the lease.

Garage is not registered

The owner of a garage subject to demolition must be warned in advance about the impending event.

As mentioned above, protection from the demolition of a garage without compensation for losses is documents on the right to own it.

If the decision to demolish is made by the municipality, and your garage is not registered, then you need to quickly collect the following package of documents and submit them to the Federal Registration Service:

Identity document.
Application for registration of rights to a building.
Receipt for payment of state duty.

To register the right to own a plot for a garage, the instructions require the provision of the following documents:

Available documents for land (acts, decisions, certificates).
Cadastral plan or site passport.
Applicant's passport.
Receipt for payment of state duty.

If necessary, other documents accepted in your region may be required. If the inspection reveals no violations of the law or errors, then after 10 working days you will be able to become the full owner of the garage and the area underneath it, which gives you the right to receive compensation for the demolition of garages by decision of the prefecture of your district.

Who and how is accounting done at GSK?

The main source of funding for the statutory activities of a garage consumer organization is funds received from its participants:

share payments;
entrance fees;
membership payments, equal to the shares of shareholders, from which the salaries of employees are calculated, and deductions are made for everyday needs;
targeted payments;
additional funds for unexpected expenses.

Reference. Accounting and collection of payments is the responsibility of the chairman of the garage cooperative.

The garage cooperative's accountant carries out the ongoing accounting process. Garage cooperatives have the right to apply a taxation system according to a simplified scheme (clause 4, part 2, article 6 of the Federal Law “On Accounting”).

There are two options: for the object of taxation “income” the tax rate is 6%, for the object of taxation “income minus expenses” the rate is 15%. To choose one option or another, it is necessary to take into account the nuances.

How to open a garage cooperative? This process is multi-stage and lengthy, with a number of difficulties. During organizational events, the group of initiators must have determination and literacy. You can avoid problems and bureaucratic misunderstandings by seeking advice from a lawyer who specializes in this issue.

Reading time: 11 minutes

Nowadays, such a form of legal entity as a garage cooperative seems outdated and irrelevant to many. Meanwhile, even many shareholders are not very familiar with the peculiarities of the status of such an association and the goals of its work. In addition, hundreds of GSKs still exist in Russia. Let's try to figure out what such associations are and how they work.

The concept of GSK and its advantages over other types of legal entities

It’s worth starting with how the GSK stands for and what its advantages are over other forms of associations. The abbreviation means “garage-building cooperative.” It is created by combining financial and property contributions - shares.

The goals of such an organization are to:

build garages;
supply them with utility resources;
protect buildings;
monitor the current state of structures and so on.

Therefore, the association is intended not only to create, but also to maintain boxes.

The answer to the question of what a garage-building cooperative is will be incomplete without mentioning whether the organization has:

charter;
governing bodies;
territories;
printing;
own accounting and other attributes of a legal entity.

Most often, land is allocated to an association for perpetual use or lease. Subsequently, participants can privatize it by allocating shares in kind and transferring it into private ownership.

So, GSK is a legal entity created by combining the property and material investments of members in the construction and ongoing maintenance of car boxes.

Creation of a garage cooperative

There are situations when buildings are already ready, but the cooperative has not yet been formed. In this case, a group of people who want to collectively maintain the built premises for cars, the question arises how to create a garage cooperative from existing garages.

GSK, like any legal entity, is subject to state registration. However, before proceeding with its registration, the initiators of creating an association must understand:

why is this being done;
where the association may be located;
how it will be managed.

Even before the registration procedure begins, like-minded people should be prepared to spend a lot of time and effort on this, because it cannot be completed in a short time.

But joint problem solving is beneficial from any point of view: it is faster and cheaper to erect buildings, it is more convenient to connect utility networks, it is easier to conclude contracts with contractors for the repair of buildings.

If interested parties have no idea where to start and how to organize a garage cooperative, the step-by-step instructions will look like this:

Meeting of the group of initiators. Most often, such people are united by a common place of residence or work.
Development of the GSK charter.
Preparation of documents: minutes of the meeting of participants, copies of shareholders’ passports, and so on.
Registration with the tax authority.
Opening a bank account.
Registration of the land plot on which the cooperative will be located.
Construction of boxes for cars.
State registration of GSK.

The GSK Charter is the main constituent document in which the members of the association announce the creation of a new legal entity and determine the internal rules and work of the cooperative.

The charter does not have a mandatory structure, but it usually contains the following sections:

General provisions: name of the cooperative, information about its location, participants.
Goals of activity and legal possibilities of the association.
The property of the cooperative, which is the property of the organization, with an explanation of how it is formed and in what order it will be used.
Management bodies of the association: general meeting, board, chairman, audit commission.
Rights and obligations of GSK participants.
Reporting.
Reorganization and liquidation of the association.

Objectives of activity

The goals of a cooperative most often include:

obtaining land plots for placing boxes;
their construction;
purchase and use of equipment to service the association;
concluding agreements aimed at ensuring the activities of the organization;
connecting buildings to utility networks and their maintenance;
use of property to meet the needs of shareholders;
organization of work on protection, cleaning and landscaping of the territory.

Do I have the right to refuse compensation for a demolished garage?

“Civil Code of the Russian Federation (Part One)” dated November 30, 1994 N 51-FZ (as amended on May 23, 2018) (with amendments and additions, entered into force on June 3, 2018)

Article 16.1 of the Civil Code of the Russian Federation. Compensation for damage caused by lawful actions of state bodies and local governments (current version)

""1. For a land plot seized for state or municipal needs, its owner is provided with compensation.

▪ If there is the consent of the person from whom the land plot is being confiscated, the confiscation agreement may provide for the provision to that person of another land plot and (or) other real estate on the terms and in the manner determined by law, with the cost of such land plot and ( or) other real estate or rights to them in the amount of compensation for the seized land plot.

No, in this case, a discrepancy between cadastral numbers, especially an alleged one, is not grounds for refusal to pay compensation, especially if all your other documents are in order;

Land plot for GSK

The territory where it is planned to place boxes for cars is an integral complex. This means that, regardless of the characteristics of the site, it entirely belongs to the cooperative and cannot be divided into separate fragments.

The indivisibility of land in the GSK leads to the fact that its position is regulated by the rules on common shared ownership ().

To obtain territory for a civil construction company, you need to go through several stages:

Find a suitable plot for the construction of a cooperative. It must meet certain requirements: distance from residential areas, the ability to carry out construction work, and so on.
Write an application to the municipality to determine the intended purpose of the land. If it allows the construction of garages, you need to apply for the construction of buildings.
After receiving permission, submit an application to participate in a tender for the acquisition or lease of the territory.
Formalize ownership and register a transaction or enter into a lease agreement.

For details of the procedure for purchasing a plot, see the article “How to buy land for a garage.”

Construction without permission

You can build on your property without permission. This is written above. There are simply options, for example, on the site of an apartment building they give permission to build a garage, but a completely different object is being built. There are many lawsuits in the courts regarding this matter.

There are two types of decisions here:

Once a structure is erected, it is simply demolished. There are no refunds, in any case.
The second option is if construction is underway but not completed. Then a decision is made to suspend work and an order to demolish the structure.

State registration of GSK

Registration of a garage cooperative under the new law is the final stage of creating a legal entity. It should take place after the car boxes have been erected and put into operation.

The person responsible for completing this procedure is the chairman of the organization. He prepares documents, monitors the accuracy of the data provided and represents the association before state and municipal authorities.

A person creating a legal entity for the first time probably does not know how to register a garage cooperative. Meanwhile, the procedure is quite simple.

Particular attention should be paid to the minutes of the meeting of shareholders, at which the decision to create a cooperative is made, and its charter. It is these two documents that will guide its participants and officials when carrying out the activities of the State Joint Stock Company.

When drawing up documents for registration of the GSK (registration application, technical passport of the structure), information about the organization must be entered in the same sequence as in the Charter. Otherwise, the document will be recognized as improperly executed and registration will be denied. Step-by-step instructions on how to register a cooperative are given below.

Registering a cooperative

To register an association, you must provide the following list of documents to the Rosreestr authorities or the MFC:

application form on the creation of a legal entity (No. P11001) with a notarized signature of the chairman of the association;
receipt of payment of state duty;
notarized draft charter;
minutes of the meeting of potential participants of the organization.

If this sequence of documents for building a garage cooperative receives approval from the registration authorities, the procedure for registering the GSK will be completed.

How is GSK managed?

The main role in the day-to-day management of the organization is played by its board. In this regard, a few words should be said about the work of the board in the cooperative garage. It consists of a chairman and an audit commission.

Of course, the main role in managing the association is played by the general meeting of shareholders, which makes decisions on key issues by a majority vote. However, it is very inconvenient to gather all participants for any reason. And this is not always possible. The board exists to solve current problems.

The Chairman performs a number of responsible tasks:

Organizes and conducts general meetings of shareholders.
Concludes contracts with service providers and contractors.
Manages the cash fund.
Represents the interests of the organization before government agencies.

The Audit Commission supervises the work of the chairman, accounting department and other officials of the organization, especially in relation to financial matters.

The legislation provides for the possibility of creating and functioning of other bodies. Thus, in Moscow there is a “Garage Construction Directorate”. This is a state unitary enterprise whose scope of activity includes the sale to private individuals of property under the economic control of the city government. It is responsible for the implementation of the municipal program “People's Garage”, within the framework of which the construction of boxes is carried out, their legal registration and sale.

Expulsion and withdrawal from the cooperative

Expulsion from members of the association is carried out forcibly, against the will of the person. If a participant himself wants to cease being a shareholder, the procedure is called “exit”.

Let's look at the procedure for excluding a participant:

Reasons arise: failure to fulfill the duties of members of the cooperative as prescribed in the charter, etc.
Notification in writing to a person of a general meeting of participants at which the issue of his exclusion will be considered.
Conducting a general meeting with the adoption of an appropriate decision.
Notifying a person of exclusion.
Payment to a former member of the GSK of his share contribution.

Sequence of actions for voluntary exit:

The shareholder writes a statement of resignation from the garage cooperative addressed to the chairman of the association.
At the meeting of participants, a corresponding decision is made. If the charter allows, the chairman can do this alone.
Changes are made to the organization's statutory documents, which are then subject to state registration.
The former participant is paid his share contribution.

A person cannot be refused to leave the cooperative - this is his legal right. If a citizen’s exit is not documented or he is not paid a share contribution, such actions can be challenged in court.

Carrying out liquidation and reorganization of the association

When discussing aspects of the work of the GSK, it is worth mentioning the procedures inherent in each legal entity: reorganization and liquidation of the association.

Liquidation is the cessation of the activities of an enterprise. It can take place by decision of the shareholders themselves or the court. You should know how liquidation works in 2021. To do this you need to perform a number of actions:

Registration of the decision of the general meeting of participants or obtaining a court decision.
Notification of Rosreestr about the start of the procedure.
Appointment of a liquidation commission at a meeting of participants.
Placing information in the official publication about the intention to liquidate GSK.
Collection of information about the financial condition of the organization, collection of receivables and repayment of accounts payable.
Drawing up the balance sheet of the GSK. Note that closing a garage consumer cooperative with a zero balance is the best option, since collecting other people’s debts or the need to pay your own will not become obstacles to the liquidation of the association.

Reorganization is a change in the form of existence of a cooperative, including division into several new associations. The procedure in this case looks like this:

Notifying shareholders about the procedure and timing of the procedure with justification for its necessity.
Preparation of constituent documents for new (new) legal entities.
Transfer of rights and obligations to legal successors. Some procedures must undergo state registration, for example, the transfer of rights to real estate.
Approval of documents at the general meeting of participants.
Inclusion of shareholders of the old cooperative into the new legal entities.

Bankruptcy of GSK is the basis for starting the liquidation procedure in court. In this case, a meeting of shareholders is not held, because the decision is made by the court. He will appoint a liquidator who:

determine the financial condition of the organization;
will determine the order of debt payments;
the remaining funds, if any, will be distributed among the participants of the association.

Charter of a garage construction cooperative by chapter

The charter of the cooperative (Ukrainian: Statute of a garage cooperative) must contain the basic provisions about the activities of the cooperative, its goals, the responsibilities of members, their property, etc. A standard cooperative charter can be found on the Internet and modified to suit your cooperative.

Chapter one of the charter must contain general provisions on the cooperative. Its full name and address are indicated here. The chapter contains several points, including an indication that the cooperative is a legal entity and has the right to make transactions in its own name, acquire rights and bear obligations. All these points are standard for each cooperative. Also in the first chapter the founders of the cooperative are listed.

The second chapter specifies the goals, activities and rights of the cooperative. In particular, the cooperative has the right to conclude contracts for construction, communications, maintenance of garages, entrepreneurial activities, use of bank loans, etc.

The third chapter is the property of the cooperative. The cooperative has the right to property transferred to it in the form of shares by members of the cooperative. Share contributions can be paid in money and property. This chapter should regulate all sources of formation of the cooperative’s property. Next, we should talk about funds formed on the basis of property - share, reserve, indivisible, guarantee fund, etc. The charter specifies the amount of shares, membership and other types of contributions and penalties for late payment. Issues related to the finances of the cooperative will be discussed in more detail below.

The fourth chapter identifies the bodies that manage the cooperative. Most often there are three of them:

Meeting of cooperative members
Cooperative Board
Audit committee

The chapter lists the functions performed by each organ. The meeting of members of the cooperative is the supreme body of the GSK; only by its decision can the charter be adopted or any changes made to it. The meeting elects the board of the cooperative and the auditor, determines the amount of funds and contributions, adopts the annual balance of the cooperative and cost estimates, admits and expels members, and decides on the reorganization or liquidation of the cooperative.

The board of the garage cooperative is the executive body, its head is the chairman. The board maintains lists of members of the cooperative, draws up estimates and expense plans, organizes the collection of contributions, prepares agendas for meetings, plans the economic activities of the cooperative, and manages its day-to-day activities.

The Audit Commission is the control body of the cooperative and cannot include its members. The audit commission may consist of one auditor; the term for which he is elected is also indicated in the charter.

The fifth chapter describes the conditions for joining a cooperative, as well as the rights and obligations of cooperative members.

Responsibilities of members of the cooperative:

Compliance with the charter of the cooperative, as well as decisions of the Meeting, the Board and the Auditor
Timely payment of contributions and taxes and fees
Participation in events held by the cooperative
Compliance with the rules and regulations for maintaining the garage (sanitary, fire safety, technical)
Participate in the costs of maintaining the common property of the cooperative, etc.

Rights of cooperative members:

Participation in the management of the cooperative
Obtaining information about the activities of the cooperative
Use of property and equipment of the cooperative
Profit share
Receiving a share of property upon liquidation of a cooperative
Alienation of garage
Receiving cooperative payments, etc.

The fifth chapter, in addition to the rights and obligations of members of the cooperative, also contains information about the conditions for exclusion from the cooperative:

Harm to the cooperative
Non-payment of dues
Violation of the statute and rules for maintaining a garage

The same chapter describes how to leave the garage cooperative of your own free will.

The sixth chapter contains provisions on how the liquidation of a garage cooperative and its reorganization proceeds. Any reorganization measures, be it transformation, accession, merger, separation or division, can only be carried out with the consent of the General Meeting, which includes all members of the cooperative. The reason for the liquidation of a garage cooperative may be a decision of the Assembly, bankruptcy or a court order.

The last seventh chapter specifies the procedure for maintaining reporting and accounting in the cooperative. GSK is obliged to maintain operational, statistical and accounting records; a report on the organization’s activities can be requested at any time by any member of the cooperative. Every year, an independent audit organization must audit the financial activities of the cooperative.

The number of chapters in the charter or their order may differ slightly; above is only an approximate template for its design.

Share contributions

GSK is created and operates at the expense of the financial and property funds of its participants. The sooner you pay a share contribution to the organization’s cash desk or make a non-cash transfer of money to the cooperative’s account, the sooner it will begin to function.

The size of the share contributed by the participant is determined at the stage of creation of the legal entity and is reflected in the charter. Essentially, it should reflect the cost of each box in the GSK.

Each time a person pays part or all of their contribution, information about the date, amount and payer is entered into the accounting records. The same data is indicated in the participant’s membership book.

After the share has been paid in full, the association participant is given a certificate confirming payment of the entire amount. The document is signed by the chairman of the cooperative, an accountant and certified by a seal. The certificate contains information about the date of entry into the GSK, the size of the share, the date of its payment, and the box number.

Potential participants are interested in the question of whether the governing bodies of the GSK can seize the garage for non-payment of membership fees. If the share contribution is paid in full, then the member acquires the right of common joint ownership (share) of the cooperative, which is a type of private property right. And private property can only be deprived by a court decision.

In order to take away the garage from such a person for non-payment of fees, you need to go to court and prove that these actions cause damage to other participants, which is enough to deprive the rights to real estate.

Legal status of garages in GSK

There are specifics to managing a garage that is part of a cooperative. The first is the reconstruction of the garage at GSK. If its implementation does not affect the interests of other participants in the association, then it is not necessary to obtain the approval of the shareholders. After reconstruction you need:

issue a new technical passport for the building;
if you have ownership rights to the garage, obtain confirmation of this right based on the registration certificate.

If the work affects capital load-bearing structures or the area of the building changes, then you must obtain permission for reconstruction from the municipality in advance.

The second situation is the presence of buildings that do not have an owner. In this case, the garage at GSK can be considered ownerless. Since we are talking about one of the fundamental rights guaranteed by the Constitution, action will have to be taken through the courts. But first you should:

Make every effort to identify the owners of the property. It is advisable to record the search process or document the efforts made.
Collect evidence that the cooperative spent money on the maintenance of the building: checks, receipts, certificates of work performed, and so on.
File a claim with the court to recognize the garage as ownerless property.

Sometimes there is an unfinished box on the territory of the association. To legalize the construction, you should find out what documents are needed for the unfinished construction project and submit them to the registration chamber. Their list includes copies and originals:

Applications for registration of ownership.
Receipts for payment of state duty.
Applicant's passports.
Title documents for a plot of land.
Cadastral plan of the territory.
Construction permits, the receipt of which is provided for in Art. 51 of the Town Planning Code of the Russian Federation.
A site plan drawn up in the BTI.
Project documentation.

The next non-standard situation is permission to build a permanent garage on the territory of GSK. The procedure is as follows:

Obtaining opinions on the possibility of construction from the land resources department, architectural authorities, fire, environmental and sanitary-epidemiological organizations.
Concluding an agreement with a land management organization on the development of a land allocation project.
Approval of the project at a session of the local council.
Drawing up a cadastral plan of a land plot.
Development of a technical passport for construction in BTI.
Construction of the box and its commissioning.

We advise you to read the article “How to register a garage as your property.”

How to give up a garage that you own

Article current as of: May 2021

— In 1992–1993, in accordance with the requirements of land legislation, the registration of land plots for individual residential buildings, garden plots and land plots occupied by garages in the GSK took place.

If in gardening partnerships each owner of a plot was issued the right of ownership of the land, then in the GSK each member of the cooperative with a garage was issued the right of lifelong inheritable ownership of the land plot.

— So, each garage owner was issued a corresponding document?

— Let's put it this way: each landowner was issued a certificate of land title, but this document was issued in different ways. Some people received it themselves from the land committee, but most often the certificates were issued to the chairmen of the State Committee for transmission to their members.

Since the end of 1994 - beginning of 1995, the provision of land plots to citizens on the right of lifelong inheritable ownership is not allowed, but the right previously acquired by the citizen is retained.

It is also not permitted to dispose of a land plot located under this right, with the exception of the transfer of the right to a land plot by inheritance.

— What if the garage was sold to another owner?

— When citizens sold their garages, and most often this happened without formalizing and registering sales transactions, which is illegal, only the building was transferred to the new citizen.

Carrying out such actions through the chairmen of the GSK, where one wrote statements about leaving the members of the GSK, and the second joined the cooperative, people at that time did not even think about the role of the right to land assigned to them, having forgotten or, even worse, not knowing about the existence of of this document.

But legally, the right to land was assigned to the former citizen, and it is still registered to him.

— How to give up the right to land under a long-sold garage? After all, people receive bills demanding payment for land

— Without an application from the landowner to renounce the right to land, it does not automatically terminate and is not transferred to the new owner.

Each plot has its own cadastral number, its own area and there is a record of the owner of the plot, corresponding to the entry in the land certificate. This data was transferred to the tax authorities to calculate land taxes.

Therefore, starting from 2010, tax notices began to be sent to every taxpayer, that is, to every individual who has land rights.

— What should you do if the tax on the land plot comes, but the citizen has already sold his garage a long time ago?

— You need to submit an application for waiver of the right to a land plot to the city administration. But the law establishes a list of documents attached to the submitted application; the absence of at least one of them gives the administration the right not to consider this application.

— Where should citizens apply with these documents?

- Either to the land administration committee, which is located at: Militsionny lane, building 4, where they will provide you with application forms, or you yourself write an application addressed to the head of the city administration. Shuya with a request to terminate the right of lifelong inheritable ownership of a land plot, area and address specified in this certificate.

- And if the authentic certificate of land is no longer in hand, what should we do?

— If there is no document for the land, a copy of the resolution of the administration of the city of Shuya on securing the right to the land is attached to the application. As I already said, this right was consolidated in the 90s.

In order to find this resolution, you need to get everything from the same Shuisky department of the Rosreestr Office on the street. gene. Belova, 33 a copy of the land title certificate. With the received documents, contact the land committee for a copy of the resolution.

If this resolution is not preserved in the land committee, you will have to contact the city archive. The legislation approves the conditions and procedure for a person to renounce the right to a land plot.

To avoid misunderstandings, refusals from the administration and unnecessary correspondence, it is best to first contact the specialists of the land committee.

This is important to know: How to check ownership of a garage

— How long does it take to make a decision to terminate the right to land after the documents are prepared?

— Within a month, the city administration makes a decision to terminate the right to land. A copy of the decision within three days from the date of its adoption is sent to the person who filed the application for waiver of the right to the land plot.

The law also provides for the obligation of the administration, within a week from the date of the decision, to report the renunciation of the right to a land plot to the tax authority at its location and to the body responsible for maintaining the state real estate cadastre.

— How urgently do people need to resolve the issue of land relinquishment?

- Under no circumstances should the solution to this issue be left for later. If you are included in the tax base, you are a taxpayer.

Without a decision to renounce the right to land, no one will exclude you from it, which means that the tax will be charged to you annually, and in case of non-payment, the tax authorities will be forced to resolve the issue of debt collection through bailiffs in accordance with current legislation.

You can get all the necessary advice from specialists of the land administration committee. Reception days: specialists - Monday, Wednesday from 13-16 hours; Tuesday, Thursday from 9 am to 12 pm. Head of the Land Committee - Thursday from 13-16 hours. Phone number for inquiries: 4–15–07.

The following documents must be attached to the application for waiver of the right to a land plot:

þ cadastral passport of the land plot (it can be obtained from the Shuya department of Rosreestr at the address: Shuya, Gen. Belova St., 33), it is issued free of charge;

þ the original certificate for the land (you need to look for it in your old documents or ask the chairman of the GSK, the one to whom you sold the garage);

þ a copy of your identification document (i.e. passport).

Information on how to leave a garage cooperative in order

One of the main reasons for dissatisfaction among the participants of the garage cooperative is the inappropriate charter.

Some car owners, nevertheless, decide to take radical measures and leave the group, making some mistakes. In the article we will look at how you can leave a garage cooperative and what the procedures are for this procedure.

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

Forced exclusion from a garage cooperative

It is possible to exclude a participant of the Civil Code from his participation in it in the following cases:

failure to comply with the rules provided for by the charter of this association (fire safety, maintenance of the garage, making all necessary payments), despite notification in writing;
providing false data to the accounting department , or unreliable data about the appearance, appearance of property, when the charter of the association of members of the cooperative provides for such requests;
causing harm to the cooperative by failure to fulfill proper obligations , which were provided for by the charter of the Civil Code or an exception in the event of a claim being presented to the cooperative due to failure of a participant in the association to comply with its obligations;
a corresponding request on the basis of the Federal Law and the charter of the Civil Code regarding the lack of the right to membership in the cooperative, or the loss of participation in it.

The procedure for leaving the GSK

Now we will tell you in order how to leave the garage cooperative.

Accounting and taxes

Accounting and tax accounting in a garage cooperative are based on the following principles:

The revenue side of the cooperative's budget consists of membership fees from its participants, as well as profits from possible commercial activities.
The expenditure part, as a rule, is determined by estimates and consists of expenses necessary for the existence of a legal entity:
current repairs of structures;
construction of new boxes and so on.
The accounting records of the organization are maintained by a professional accountant or the chairman of the cooperative, if he has the necessary knowledge. Responsibilities include carrying out accounting and financial accounting, maintaining a cash book in the GSK, and submitting reports to regulatory authorities.
A cooperative can carry out commercial activities, but this entails the need to pay taxes.
GSK manages all money received into the account and cash register of the association independently as a registered legal entity.
In the case of exclusively non-profit activities, the association is considered non-profit, therefore it maintains tax accounting according to a simplified procedure.

Features of taxation

Taxes will have to be paid if you carry out activities that generate income. This may include:

rental of garages;
receiving profit from investing funds in bank accounts;
conducting other business activities.

In this case, tax and judicial practice regarding garage cooperatives proceed from the fact that the budget should be divided into revenue and expenditure parts. Moreover, income received from commercial activities cannot be reduced by non-commercial expenses.

If the organization ends up making a profit, it must be divided among all participants. And on the share of each of them, the association must pay 13% income tax.

Privatization of land plots

After privatizing the garage, you need to register ownership of the land underneath it. The lack of proper documents for the site may result in the owner being forced to pay a fine for misuse of the land and demolish the building.

To prevent this from happening, it is necessary to privatize the territory under the box.

Land ownership

To register ownership rights, it is necessary to write a collective application and submit it to the municipality department dealing with land issues.

Within a month, local authorities will consider the application and make a decision on allocating the land for privatization or on further leasing it for the needs of GSK. In order to privatize the garage and the plot underneath it, all members of the cooperative must register their rights to real estate.

If a decision is made to allocate land, the chairman of the GSK and the local administration sign a purchase and sale agreement for the site. The plot undergoes state registration, after which it becomes the property of the cooperative.

If members wish, they can allocate a part in kind that belongs to each person, or use the real estate as a joint part of the common property of the cooperative.

The details of the procedure are described in the article “How to register ownership of the land under the garage.”

Possible obstacles to repurchase

The municipality will refuse to register ownership of the land under the boxes in the following cases:

there is no certificate of payment of the share in GSK;
There are important utility lines on the site, and construction work may damage them;
there are driveways and passages on the territory that are actively used by other citizens, and their transfer to private hands will harm transport links;
not all members of the cooperative submitted an application;
documents were filled out incorrectly, papers required by law were not provided;
The site is intended for state and social needs of the population.

Is it possible to relinquish ownership of a property and how to do it?

Most people know what the right of ownership of real estate is, but few people think that it can be renounced. We know everything about real estate and are happy to share our knowledge with you!

In this material we will talk about what actions need to be taken to renounce ownership of such objects as a building, structure, premises. The procedure for renouncing ownership of a land plot is slightly different, so we will not touch on it here.

What does it mean to relinquish ownership of real estate?

Owning real estate is not only about having it under the right of ownership and receiving material and intangible benefits from it. Each owner is also responsible for the maintenance of such real estate (paying taxes, maintaining the property in satisfactory condition, etc.).

In life, situations arise when, due to certain circumstances, it becomes impossible for the owner to maintain the property he owns. But it is not possible to sell or give it away for one reason or another.

In this case, the law provides for the possibility of voluntary renunciation of property in favor of the state. This can be done by both individuals and legal entities.

But state authorities and local governments are deprived of this right.

You can only refuse real estate that legally belongs to you.

And in order to obtain detailed information about a real estate property, the presence or absence of a registered right to it in the Unified State Register of Real Estate (USRN), we recommend that you contact the “PASSPORT OF AN OBJECT” service on our website.

Procedure for relinquishing property

If you decide to formalize a waiver of ownership of real estate, then you must follow the following steps:

Stage 1.
Apply for a waiver of ownership of your property to the local government body at the location of the property (administration of a city, rural settlement or urban district).
If the property is located on the territory of cities of federal significance - Moscow, St. Petersburg, Sevastopol, then the application must be submitted to the executive body of state power of these cities (relevant departments (committees) for property management).
Such an application is drawn up in free form with a precise indication that you are renouncing the ownership of a specific property; otherwise, you may be refused. Such an application can be submitted in person or by mail.
The application must be accompanied by copies of title documents indicating that you have ownership rights to the property (these copies can be certified either by a notary or by an official of the local self-government body, based on the originals submitted by you).
From the moment you submit an application to relinquish ownership, your object will become an ownerless property.
Stage 2.
An application from a municipality or the relevant government body of federal cities to Rosreestr in the manner of interdepartmental information interaction to register a property as ownerless.
The application shall indicate: the type of property, its cadastral number, address (if available), information about the owner of the property.
The following documents must be attached to the application:
The state fee for registering real estate is not charged to local governments.
Stage 3.
Rosreestr's acceptance of an ownerless property by entering the relevant information into the Unified State Register is carried out within 15 working days from the date of receipt of the application from the municipality or the relevant authority.
Within 5 working days from the date of registration, Rosreestr will send the applicant (local government body or relevant authority) and you, as the person who renounced the right of ownership, a notice of registration of the ownerless property.
Stage 4.
Recognition of the right of municipal property or property of a city of federal significance to an ownerless property. After 1 year from the date of registration of the “abandoned” property as ownerless, a local self-government body or a government body can apply to the judicial authority with a corresponding application.
If you suddenly change your mind, you can, before the court recognizes the right of municipal (state) ownership of such a property, change your decision and apply to Rosreestr with an application to re-accept this property for possession, use and disposal. In this case, the property is deregistered as ownerless.
Stage 5.
Receiving a notification from Rosreestr about the registration of municipal (state) ownership of the property that you abandoned.
A judicial act recognizing the right of municipal (state) ownership of a real estate property, the right to which you have renounced, will be the basis for state registration in the Unified State Register of Property Rights of the corresponding municipality, which in turn will serve as the basis for deregistering the property as ownerless .
After state registration of the right of municipal (state) ownership of a real estate object, your ownership of such an object will be terminated.
However, until this stage you will be the owner and will have to fulfill the following responsibilities:
- pay property taxes;
bear responsibility if, as a result of certain actions, your property causes damage to someone or something.

Also pay attention to the following nuances:

If the property is in common ownership, an application for abandonment of it must be submitted by all participants in the common property.
The presence in the Unified State Register of records of arrest, as well as other prohibitions to perform certain actions with the property, is an obstacle to registering such an object as ownerless, and therefore, it will not be possible to abandon the “arrested” property.
If your property is under a mortgage, then such a procedure is possible only with the consent of the bank.
If the land plot on which the building or structure that you plan to renounce is located also belongs to you by right of ownership, the refusal will also need to be formalized to renounce the ownership of this land plot.

Now you know how to give up property that only causes you trouble!

Purchasing a garage in a cooperative

Often lawyers are faced with a situation where a garage is sold or purchased at GSK using a membership book. Such a transaction is possible, but there will be consequences associated with the state registration of the cooperative itself:

The association was created under the Soviet Union and did not undergo re-registration. When concluding a transaction, you need to make the appropriate entries in the book, rewrite the property registration card, and approve the new member of the cooperative. However, in this case, it is still impossible to register the garage as a person’s property. The buyer only becomes a member of the cooperative, and an unregistered one.
The cooperative is registered, but the boxes are not properly decorated. The transfer of ownership of a building is still carried out within the organization; it is also impossible to obtain a certificate of ownership of a garage.
Boxing is registered to a private person. Provides for the ordinary purchase and sale of real estate. It is not necessary to obtain the consent of the cooperative members.

It is also important to know whether you can leave the garage cooperative if you own the garage. The answer to this depends on what is stated in the Charter. If such a clause is provided, then it is possible. If not, you will have to wait for the decision of the general meeting of shareholders or go to court.

Details can be found in the material.

How to create a garage cooperative from existing garages?

From the beginning of the process of creating a garage cooperative, there is no need for individual members of the GSK to formalize the transfer of ownership rights (Civil Code of the Russian Federation, Article 223, paragraph 2).

Members of the cooperative who have made a share contribution in full have the right of ownership to garage property (clause 4 of article 218 of the Civil Code of the Russian Federation).

Upon completion of construction work, the public territory remains on the balance sheet of GSK . A garage cooperative acquires the status of common shared ownership (Civil Code of the Russian Federation, Art. 244).