Where to complain about the chairman of SNT: algorithm of actions

In case of violations of the current legislation and the SNT charter, members of the garden association should know where to complain about the SNT chairman. Before starting active actions, it is useful to study the duties assigned to the official and the powers given to him by law and charter. If there are facts or suspicions that the chairman of the board of SNT exceeds his powers, commits illegal financial transactions or other illegal acts, there is no need to remain inactive. When it is necessary to decide what to do if the chairman of the SNT steals, two options are possible: initiate an audit of his activities by the audit commission of the board or submit an application to the prosecutor's office.

basic information

SNT is a horticultural non-profit partnership. It is an organization that unites people into a single gardening organization to solve economic problems. The partnership is registered with the tax office and operates officially.

SNT has the following distinctive features:

1. Having your own charter. It is formed in writing and contains general rules relating to the partnership and its participants.
2. You can carry out activities after registration.
3. The governing body is chosen by the participants . Later, it is he who represents the interests of community members.

Citizens who are members of the SNT are considered land owners. They are required to constantly pay fees, which can be different, for example, target or membership. They are needed either to perform a specific task, or for management organizations and joint property.

The community has excellent infrastructure, and SNT itself is a single area. It contains roads and a part for travel, drainage type ditch, communications and buildings. These items are for general use.

Features of the election of the SNT board

The governing bodies of a horticultural non-profit partnership are elected at a general meeting of all participants by voting. The procedure for holding such meetings must be clearly stated in the charter of the legal entity.

Each such meeting is recorded. The minutes indicate information regarding the participants of the meeting, the purpose of the meeting, and also record all important decisions that were made at the meeting.

The protocol must be drawn up, it is certified by the signatures of the participants, as well as the seal of the SNT. This document is called “Minutes of the general meeting of members of the gardening partnership.”

All minutes of each meeting must be kept in the archives of the legal entity so that, if necessary, information about each of them can be found.

The form of voting at meetings is often secret, but can also be open. Information about this is also contained in the charter.

If the charter does not indicate anything regarding voting, then according to current legislation, it must be held secretly.

In addition, the law establishes a clear deadline for the elections of the new SNT board. In fact, the same citizens can remain managers, but voting must be carried out. The voting results must also be supported by documents, which are then stored in the archive.

The term of office of the SNT is two years, and it cannot be changed. In addition, the charter must clearly define how many participants will be included in the audit commission.

In turn, the leadership can be re-elected at any time. To do this, you must write an application addressed to the chairman of the partnership. For re-elections to take place, it is necessary to collect at least 20% of the partnership’s participants’ signatures.

If such an application is received, and all the formalities for its submission have been observed, then an unscheduled meeting must be held within 30 days at which the participants will elect new leadership.

The reason for holding unscheduled meetings may be not only the unsatisfactory performance of management, but also other circumstances. For example, the withdrawal of some participants from SNT.

SNT management must inform all participants about the unscheduled meeting and its purposes. Decisions at such meetings are most often made by the majority of participants. The meeting itself is considered legal only if more than half of the participants were present.

Where to contact?

There are two ways to appeal the actions of the SNT chairman :

• through the prosecutor's office;
• in a court.

Significant violations require contacting the prosecutor's office. In this way you can appeal against fraudulent transactions and forgery of documents. They also contact the prosecutor if the chairman of the SNT steals money.

It is recommended to contact the prosecutor's office in cases where the actions of the chairman of the SNT pose a threat to the life and health of the participants of the partnership.

Less significant violations are dealt with through the courts. Disagreements regarding the charter, personal conflicts, other issues. Before filing a claim, it is necessary to comply with the pre-trial settlement procedure.

Your neighbor is building a house right next to your fence

The desire to be on close terms with your neighbors does not at all mean the need to build a house close to someone else’s property. SNiP also does not encourage too “close” proximity. The distance from the dacha to the fence should be at least 3 m.

If the neighbor’s cottage “grows” not just next to the fence, but also very close to your house, it is also worth remembering the fire safety rules. In this case, the permissible minimum distance between buildings is influenced by the material of their supporting and enclosing structures (see table below).

Minimum distances between residential buildings on adjacent plots (fire safety standards)

Explanations: A : non-combustible materials, incl. stone, concrete, reinforced concrete B : non-combustible materials with wooden floors and coverings with protection from non-combustible or difficult to combustible materials C : wood, frame enclosing structures made of non-combustible, difficult to combustible and combustible materials
On a garden or summer cottage it is also allowed to build: a summer kitchen, a bathhouse , canopy, greenhouses, car garage, shower, etc. According to sanitary standards, they should be located taking into account the following recommendations:

• for outbuildings intended for livestock and poultry - at least 4 m from the border of the site;
• for other outbuildings - at least 1 m from the border of the site;
• for a shower, bath or toilet - at least 8 m from a residential building;
• for a latrine or composting device - at least 8 m from the well.

The roof slopes of outbuildings located 1 m from the fence must be arranged so that water does not flow from them onto the neighboring area.

Ways to solve the problem:

• Discuss all issues with your neighbor in advance . Regulatory acts allow changing the recommended distance between objects by mutual and documented consent.
• Try to convince your neighbor to move the building . When the job is done and the house is built, it is problematic to agree on moving it. But it is still worth warning your neighbor about your dissatisfaction and your firm intention to achieve justice, including through the courts.
• Go to court . To go to court, you must file a claim demanding that the building be moved or part of it demolished. If the case ends in your favor, you can recover from the offender the costs of a lawyer, an examination, and even demand compensation for moral damage. The court decision is transferred to the bailiffs, who are responsible for its execution.

The distance between the house, outbuildings and the boundary of the site is measured from: a) the base, b) the wall of the building (if there is no base), c) elements of the house protruding more than 50 cm from the plane of the wall (porch, roof overhang, canopy, bay window) .

Changing the chairman of the SNT through a meeting

By virtue of the provisions of paragraph 2 of paragraph 1 of Article 17 of Federal Law No. 217 of July 29, 2017, the exclusive competence of the general meeting of SNT members includes the election of the board, chairman, auditor, as well as the early termination of their powers.

To remove a chairman who does not suit the ordinary members of the gardening community, it is enough to take a number of actions.

1. Determine an initiative group that will deal with the issue of changing the chairman of gardening - carry out campaigning, post announcements, keep minutes, chair the meeting, etc.
2. Determine a candidate for chairman of the partnership. A person will be required who agrees to serve as head of the board for at least 1 elected term.
3. Conduct campaigning among SNT members so that each of them is able and willing to attend the general meeting.
4. Make a written request to the chairman to hold a meeting. The document must be signed by the largest number of SNT participants. The letter is submitted against signature for delivery to the chairman and members of the board, the auditor. If someone refuses to endorse the delivery of a letter, a note to this effect is placed on the copy (of course, in front of witnesses)
5. 2 weeks (minimum) before the meeting, place an announcement about the meeting on information boards indicating the agenda, which should contain items on requesting reporting on the activities of the current chairman and the re-election of the entire board, or individual chairman.
6. Hold a meeting at which it is necessary to terminate the powers of the board (or just the chairman) early, select and appoint a new manager.

After changing the chairman, you need to change entries in the state register, request acts of reconciliation with counterparties and perform other legally significant actions. A SNT lawyer will be a good help in resolving issues. The specialist will tell you in detail (and, if necessary, carry out them yourself) about all the actions that must be taken after the re-election of the board or just the chairman.

But re-elections are not possible in every situation. As practice shows, it is not always possible to assemble an initiative group and a quorum at a meeting. Gardeners in a single SNT can live by the principle of non-interference, in connection with which a conscientious member of the partnership will have only one option: to file complaints with the competent authorities.

The legislative framework

To correctly file a complaint, you should be guided by the following legislative acts:

1. Code of the Russian Federation on Administrative Offenses dated December 30, 2001. N 195-FZ (as amended on July 31, 2020).
2. Land Code of the Russian Federation dated October 25, 2001. N 136-FZ (as amended on July 31, 2020).
3. Federal Law "On the Prosecutor's Office of the Russian Federation" dated January 17, 1992. N 2202-1 (as amended on July 31, 2020).
4. Criminal Code of the Russian Federation of June 13, 1996. N 63-FZ (as amended on July 31, 2020).
5. Federal Law “On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation” dated July 29, 2017. N 217-FZ (as amended on July 31, 2020).

Reasons for submitting an application

To complain to the prosecutor's office, you will need to identify and justify the specific reasons for such a decision. At the same time, it is necessary to realize that the prosecutor’s office will look into violations on the part of the head; if he commits a crime, even if it is work-related, this will require the participation of the police.

When talking about the reasons for sending a complaint to the prosecutor, it is worth thinking about the following options:

• waste of property and funds that are used for community needs;
• execution of fraudulent schemes;
• arbitrariness, abuse of power;
• forgery of papers;
• other manipulations that violate the rights of SNT participants.

The biggest question may be raised by the incompetence of the head. However, it is not enough to say about the violation; it is necessary to collect evidence and attract witnesses.

What to do if a neighbor violates your rights

Ignorance of the law is not an excuse. Therefore, if your dacha neighbor decides to build a house or plant trees next to your fence, you can justifiably declare war on the pest. Well, or try to negotiate everything amicably.

Have you bought a summer cottage? Do not rush to expand construction and planting activities. Familiarize yourself with SNiPs and other regulatory documents so that you do not cause discontent with your neighbors with your activities or, if necessary, be able to protect your own rights.

Now let’s discuss the problem of fences, as well as the distance between the fence and the place where, according to the norms, you can plant or build something. “Fence” wars break out with unshakable consistency. Therefore, it is worth understanding the issue once and for all. We will list the most current controversial situations and give explanations for them, based on the Code of Rules 53.13330.2011 “Planning and development of territories of gardening (dacha) associations of citizens, buildings and structures.”

Intervals are counted not from the fence, but from the boundary of the site indicated in the boundary file. This is due to the fact that in real life the fence rarely runs along the real border between areas.

When to expect results

There are several ways to send a document to the prosecutor's office. You can use the following options:

1. Personal visit. You can go directly to the office of the assistant prosecutor or the prosecutor himself. This will help you immediately get clarification of the situation and find out the exact timing for studying the application. You can also communicate personally with the prosecutor, providing him with information and explaining your arguments;
2. Sending letter. Here you need to issue a registered letter with notification so that there is confirmation. From this day the period for the authorized person to make a decision on the application will begin.
3. World Wide Web. You can use the prosecutor's office website. Experts recommend using only the first two options, since this way there is a greater chance of a quick resolution of the complaint.

The timing of the study of the application, which relates to unlawful manipulations of the head of the partnership, will change, since the case requires investigation and consideration of the data provided. Naturally, the prosecutor can examine the case for a maximum of one month.

IMPORTANT! From the moment the complaint is received, regardless of which filing method was used, the complainant should receive a message within a few days that the application has been accepted, rejected, or has been redirected.

How to write?

In 2021, there are several ways to contact authorized bodies:

1. Personally . Each organization provides personal reception of citizens. To visit a specialist, you must specify the appointment time. As a rule, data can be found on the organization’s website or by phone.
2. By letter . The application must be submitted in writing. Evidence is attached to it. The envelope must include a description of the contents.
3. In electronic form . Almost every organization in 2021 has a service for receiving electronic appeals from citizens. As a rule, it is located on the organization's website.

The easiest and most accessible way is to apply electronically. To refer him, no special knowledge is required, no need to find out the appointment time. Moreover, it can be issued at any time of the day.

None of the authorities will consider an anonymous complaint. The applicant must provide his details and address so that his identity can be identified.

Let's take a closer look at how to draw up an application.

Pre-trial conflict resolution

Often people rush to contact the prosecutor's office or the court. Many conflicts can be resolved peacefully without involving these authorities. For example, a person wrote a statement to the chairman, but received no response. This is not a reason to immediately file a complaint, because the letter could get lost among other papers.

A conflict may arise if it turns out that an archival document is lost. In this case, you should also solve the problem yourself. Let’s say they don’t issue a certificate stating that a particular citizen lived on the site during a certain period. The head of SNT may refer to the fact that there is no application for a person to join the ranks of the gardening partnership. This issue can be resolved by confirming your membership (suitable for old members) or by re-joining this array (great option for new people).

Many conflicts can be resolved in person. Problems often arise in the case of inheriting a non-privatized plot. The chairmen do not know whether to allocate land or not. It is reasonable to invite a lawyer who will explain to the head the legality of the requirements, although this is not possible in all situations.

If the case is too serious, and the conflict has not been resolved, all that remains is to submit an application to the prosecutor's office. It is better to enlist the help of a lawyer so that you can correctly draft the application and provide the necessary documents the first time. When a violation actually occurred, it will be possible to prove this fact with the help of official papers or an investigation. Further actions depend on the specific case, the punishment is determined in accordance with the law.

Filing a complaint

If people notice that the chairman is not acting in their best interests, breaking the law and causing damage to property and finances, it is reasonable to file a complaint. You should not immediately go to court if a conflict arises with the head of SNT. File a complaint with the prosecutor's office against the chairman in order to stop illegal actions and bring him to justice.

Violations that may make you want to go to court:

• fraudulent activities;
• spending contributions from citizens for other purposes;
• falsification of official papers;
• theft;
• actions that violate the charter;
• other (for example, non-compliance with fire safety measures, location of a public facility with non-compliance with standards and other actions requiring verification).

If participants are reasonably dissatisfied with the behavior of the representative, then they have the right to submit an application to the prosecutor's office. When you contact this authority, make an application with clearly stated data. It is necessary to indicate the facts on which the actions of the head were declared illegal. It is also worth attaching official papers confirming what people say.

Important! Citizens who go to the prosecutor's office or court may not have papers proving violations. In this case, the authority conducts an investigation with a number of examinations.

Before you think about how to apply, it's worth considering the following. The prosecutor's office deals only with serious cases, so a shortage of, for example, 100 rubles should not be considered in it. Also, you should not apply if there is no evidence of theft, the accusation is unfounded. Another thing is if there is a threat to the life and health of SNT participants, then you should contact the prosecutor’s office, as in the case of the other listed examples of serious violations.