All the nuances of joining a gardening partnership


Why did they change the procedure for using common property?

Members of the partnership can challenge the charter if there are grounds for this. For example, when some points of the document contradict the norms of the law or if the project was approved at a meeting that was held in the absence of a quorum (the required number of SNT members).

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation answered a particularly pressing question in connection with the beginning of the dacha season - what should be done with those who, while taking full advantage of the services of a gardening partnership, do not want to become its member and pay general fees?

When choosing an engineer, be sure to make sure that he is qualified for this type of work. Before signing an agreement for the provision of cadastral and geodetic works, request from a specialist the following documents confirming admission to this type of activity:

  • qualification certificate;
  • certificate of membership in the self-regulatory organization of cadastral engineers (SRO).

Probably, if you are the owner of a plot of land with a country house, you have already heard the term “dacha amnesty” more than once. In simple words, an amnesty is a law that allows, before March 1, 2026, real estate in the SNT to be registered in the cadastral register in a simplified manner, based only on a technical plan and declaration prepared by a specialist - a cadastral engineer.

Without the participation of the court, through filing a complaint with the prosecutor's office, disputes about arbitrariness, fraudulent actions, embezzlement and other situations are resolved.

Note! According to Art. 4 Federal Law No. 217 now create only SNT or ONT. When re-registering a previously existing organizational and legal form of a partnership, changes are made to the constituent documents. When working under the old charter, clauses that contradict the new norms of the law do not apply.

The developed draft document must be agreed upon with the members of the partnership and then approved. To do this you should:

  1. Preliminarily familiarize all members of the partnership with the finished project in any available way. For example, through an email newsletter or by posting a project on the SNT website.
  2. Read, discuss all points of the new charter at the general meeting, and after discussion, accept and approve it through voting.

Every non-profit organization at least once in its life is faced with the need to amend its charter, and some NPOs make changes to the register several times a year.

If you have never provided any information, and rarely or never visit your site, then the board is obliged to inform the administration of the city of Krasnodar about abandoned sites or the lack of information about the owners. What does the alienation of an ownerless plot in favor of the city of Krasnodar entail?

So, the gardening partnership filed a lawsuit against a citizen who worked and rested on the territory of this SNT, but was not a member of it. In legal language, such a person is called a “private gardener.”

Changes are made either by drawing up a new edition of the charter, or by a separate document - an appendix to the charter. The first option is more convenient for further presentation of the charter for familiarization or clarification of information in the charter.

The size of membership fees cannot be determined arbitrarily. It must have a financial justification. The validity of the amount of contributions collected from individual gardeners must be confirmed by calculation. Its preparation is carried out by the board of the partnership.

If the application is completed with errors (a required sheet is not filled out, an extra sheet is filled out, there are inaccuracies, typos, etc.), you may be denied registration of changes. In this case, you need to prepare, certify and submit a new application for amendments to the charter.

The period for payment of compensation for the share should not exceed 3 months. The form of compensation can be either monetary or property.

The signature of the SNT chairman must be notarized. The notary also enters data into the section that he must fill out himself.

This created a contradictory situation. Some courts believed that individual gardeners are obliged to enter into agreements with the partnership, because in any case they have to use the common property of SNT, and the agreement implies payment. Accordingly, if there is no contract, then there is no payment. The agreement in this case confirmed the exercise by the individual gardener of his right to use common property.

The signature of the SNT chairman must be notarized. The notary also enters data into the section that he must fill out himself.

The new law does not provide for the conclusion of contracts by individual gardeners, but defines their obligation to pay fees. The novelty on contributions will affect every citizen who does not want to join a partnership. The new law obliges any owner of a land plot that is part of a partnership to pay fees established by the board, regardless of whether they are a member of the partnership.

According to the law on gardening partnerships, the district court said, the version of the contract proposed by the summer resident, with a detailed division for each object and formulas, is illegal and violates the rights of other gardeners.

Transfer of agricultural land to SNT

In turn, membership in SNT will arise from the date of the decision made by the general meeting of members of the partnership.

The chairman of the partnership, members of the board of the partnership, the audit commission (auditor) are elected at the general meeting of members of the partnership for the period established by the charter of the partnership, but not more than for five years from among the members of the partnership by secret or open voting.

The developed draft document must be agreed upon with the members of the partnership and then approved. To do this you should:

  1. Preliminarily familiarize all members of the partnership with the finished project in any available way. For example, through an email newsletter or by posting a project on the SNT website.
  2. Read, discuss all points of the new charter at the general meeting, and after discussion, accept and approve it through voting.

Registration of the new SNT chairman with the tax office

To avoid these problems in the future, it is recommended to legalize your property before March 1, 2026.

In order to register a country house with the cadastral register, you need to contact a real estate specialist such as a cadastral engineer. It is he who is authorized to prepare documents established by law, on the basis of which data on real estate objects are entered into the Unified State Register of Real Estate (USRN).

Since this gardener had not paid membership fees for two years, but was quietly using the local infrastructure and “public property,” SNT asked the court to collect the debt and penalties from the citizen for two years.

Land plots in gardening non-profit partnerships are popular among Russian residents. SNT is a kind of association of plots and their owners for the purpose of carrying out land work and gardening.

We are all quite tired of battles and want to relax in the quiet of a garden we grew with our own hands. And we think: how can we streamline our lives so as not to waste energy on ridiculous people with their ridiculous claims to our property, which we have been building for four decades now.....

And then one fine day our gardeners will turn into a well-coordinated team, and all of us together, like the crew of a ship, will be able, if suddenly necessary, to overcome any storm and lead the ship to a quiet harbor.

If the reason for the creation of a new SNT was the reorganization of the previous partnership, registration documents must be submitted within three working days from the date of the general meeting.

Depending on the changes being registered, additional documents may be required (for example, if the location changes, documents confirming the rights to the address). It is also necessary to provide the applicant's passport for review.

On websites devoted to the organization and life of gardening partnerships, you can find many proposals from the Minutes of the General Meeting.

Get an Extract from the Unified State Register of Legal Entities. This document is issued by the territorial tax office and costs money. Gardening partnerships in which the re-election of the chairman is planned, as a rule, order the Extract in advance. Its validity period is 30 days. Of course, you can receive the paper in hand the day before submitting documents for registration, but you will have to pay more.

On the issues specified in paragraphs 1 - 6, 10, 17, 21 - 24 of part 1 of this article, decisions of the general meeting of members of the partnership are adopted by a qualified majority of at least two-thirds of the votes of the total number of members of the partnership present at the general meeting.

You can file a claim:

  • a participant in the meeting, but not a member of the SNT, who voted for the draft new charter or abstained if his rights were violated;
  • a member of the SNT who voted against the project or did not participate in the meeting;
  • the owner of the site who is not a member of the SNT, if the decision of the meeting infringes on his legitimate interests.

Previously, individual gardeners entered into agreements with SNT if they planned to use the common property of the partnership for their own purposes. Such agreements were called “On the procedure for using infrastructure facilities and other common property of a horticultural non-profit partnership when conducting gardening on an individual basis.”

If a gardener does not want to pay fees, will he have to go to court?

Acceptance as a member of the Partnership is carried out on the basis of an application from the owner of a garden plot of land located within the boundaries of the gardening territory, which is submitted to the Board of the Partnership addressed to the Chairman of the Partnership, for submission to the general meeting of members of the Partnership.

If there is no need to build a house, you can safely choose SNT, but more comfortable living conditions are provided by dacha non-profit partnerships. Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Since the dacha partnership is a non-profit organization, it is founded taking into account all the principles for establishing such associations.

The SNT board may not have papers on hand confirming the fact of transfer of land. This usually happens when plots were given to employees of Soviet enterprises, most of which have long since ceased to exist. In this case, the owner of the plot will have to contact the archive.

Note! The listed points are mandatory and must be present in the charter of each SNT. The partnership has the right to use its standard form or supplement it with other clauses that meet its activities and needs. You can contact a lawyer for help in developing a charter document.

The rights to own the plot must be documented. It could be:

  • contract (officially formalized purchase and sale, donation, exchange);
  • certificate obtained in the period 1993-1999 (before the date of creation of bodies registering property rights);
  • document confirming entry into inheritance;
  • court decision (it is important that it enters into legal force);
  • resolution of local authorities on the allocation of an allotment.

In practice, unfortunately, conflict situations often occur between the manager and the founder. In this regard, founders often ask the question: What is needed to formalize a change of director without his consent? To begin with, it should be noted that the legislator does not establish a requirement to obtain consent from the manager to make changes.

In the latter case, the land is allowed to be transferred to the user without bidding solely under a lease agreement. The land user should pay attention to the fee. Its amount cannot be greater than the amount of land tax paid by owners of similar plots.

Grounds and procedure for admission to membership of the partnership 1. Members of the partnership can only be individuals. 2.

Preparation for registration of the newly elected chairman of the SNT begins with the general meeting of its members, namely with the keeping of the Minutes. It makes no sense to describe the re-election procedure itself - it goes differently for everyone, depending on the temperament of gardeners and gardeners. Somewhere they silently agree with the nominated candidate, so as not to be held accountable themselves.

During the procedure for registering a change of manager, the question often arises when determining the applicant authorized to sign the application for registration of a change of manager and submit documents for registration. Who is the applicant for a change of manager? Should the new manager apply or does his predecessor do so?

The list of Statutory documents of SNT, which will be needed to register a new chairman with the Federal Tax Service, is approved in Article 5 of the Federal Law of 08.08.2001 No. 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs”. Among them: the Charter of SNT and the Certificate of registration with the Federal Tax Service (OGRN, INN, KPP).

When reading these papers, you need to pay attention to whether they contain information about a specific allotment, by whom and when the projects were approved.

When all the documents are ready, they can be submitted personally to the tax office or sent by letter with a specified value.

In the application on form P13014, fill out the title page, sheets I (information about a person acting without a power of attorney on behalf of a legal entity) and N (information about the applicant). If you are only changing the manager, then you do not need to fill out other sheets.

Before submitting documents to the tax office, you will need to pay a state fee for registering an SNT. Now its size is 4,000 rubles.

These forms are valid from November 25, 2020. From this moment on, the application forms P13001, P13002, P14001 and P14002 lost their validity.

The persons specified in part 1 of this article have the right to take part in the general meeting of members of the partnership.

In addition, they must: The dacha partnership has a certain structure, including a controlling body - a meeting of members of the dacha. The financial activities of the organization are checked by the audit commission.

For members of a reorganized non-profit organization created by citizens to carry out gardening or vegetable gardening before the day this Federal Law comes into force, membership in the partnership arises from the date of state registration of the partnership created as a result of the reorganization of the said non-profit organization.

In general, the purpose of such lands is reduced to using them for DNP or SNT, that is, for gardening and vegetable gardening with the possibility of living on the site. Of all the disadvantages of running a dacha farm on agricultural land, one can note the impossibility of registration. In practice, this can be done, but only if the owner proves that all the conditions necessary for comfortable living have been created.

We are all quite tired of battles and want to relax in the quiet of a garden we grew with our own hands. And we think: how can we streamline our lives so as not to waste energy on ridiculous people with their ridiculous claims to our property, which we have been building for four decades now.....

Application for membership in SNT

The creation of SNT is an initiative of land owners. And, if you believe the statistics, the number of gardening associations in Russia is only growing. Thus, in 2006, there were about 79 thousand gardening non-profit partnerships in our country. By 2018, this figure had grown to 87 thousand. This means that on average about 650 new SNTs are created in Russia per year.

In connection with the termination of a member of the partnership's rights to a garden or vegetable plot of land or due to the death of a member of the partnership, membership in the partnership is terminated on the day the corresponding event occurs.

So, one of the levers in the fight against the theft of electricity is the awareness of the chairman. All information provided by the owner of the site in the QUESTIONNAIRE is necessary to control energy consumption and timely payment for the consumed resource. Without information about the owner, it is very difficult for the chairman to collect the debt from the defaulter. Each member of the partnership, within three months from the date of admission to the partnership, by the chairman of the partnership is issued a membership book or another document replacing it, confirming membership in the partnership.

What to do if SNT refuses to issue a reasonable estimate of the amount of contributions?

Decisions of the general meeting of members of the partnership are documented in a protocol indicating the voting results and attaching to it a list signed by each member of the partnership or each representative of a member of the partnership who took part in the general meeting of members of the partnership. The minutes of the general meeting of members of the partnership are signed by the chairman of the general meeting of members of the partnership.

If there are disagreements on points, the document is finalized and additional changes and corrections are made to it. After this, a meeting is held again, where the new version of the charter is discussed and approved.

Important! The chairman, together with the members of the board, must develop a new SNT charter or make appropriate changes to its old version, taking into account all the innovations that Federal Law No. 217 provides for.

Rights and obligations of SNT members

Membership in the SNT, like in any other organization, presupposes a certain range of rights and responsibilities. First, let's list what rights members of gardening partnerships have. Each member of the SNT has the right:

  • receive information about the activities of the partnership and get acquainted with all SNT documentation, including those related to finances;
  • take part in the management of the organization’s affairs;
  • voluntarily resign from the SNT;
  • submit applications and other documents to the management bodies of the partnership, as well as appeal the decisions of the management bodies.

Now let’s name the responsibilities of members of a gardening partnership. Each member of the SNT is obliged to:

  • not violate the rights of other members of the partnership when gardening on the land plot;
  • pay membership fees on time;
  • implement decisions made by the SNT board;
  • comply with other obligations related to the implementation of activities in the territory of gardening and vegetable farming, which are provided for by the laws of the Russian Federation and the charter of the partnership.

Application form for joining a gardening society

Houses in SNT (Garden Non-Profit Partnership) are one of the types of objects that are subject to the registration procedure. What is a house in SNT, what documents do you need, features of registration and a step-by-step action plan - we will look at all the nuances of the procedure for registering a house in SNT in this article.

Therefore, the court cannot force the board of the gardening partnership to sign the defendant’s version of the agreement. The individual summer resident's counterclaim was completely denied. Owners of garden and vegetable plots of land can decide to establish an SNT. According to Article 10 of Federal Law No. 217-FZ, it is possible to create and register a partnership if at least seven people become its founders.

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