Sample minutes of the general meeting of SNT 2021

Questions of the general meeting

It addresses the following issues:

any changes to the charter;
admission and exclusion;
elections of the board, chairman (if established by the charter), audit and other commissions;
organization of funds, joining associations;
approval of internal regulations;
issues of reorganization or liquidation;
formation and use of property;
establishing the amount of penalties for late payment of contributions, changing the deadlines for making contributions by low-income participants;
approval of the income and expense estimate;
consideration of complaints against decisions and actions of the board, chairman, commissions and funds;
approval of reports of the board, commissions, funds;
encouragement of boards, commissions, funds;
acquisition of a land plot related to public property into ownership;
approval of lists of participants;
distribution of formed or being formed land plots;
approval of the territory planning project and (or) territory surveying project.

Registration of participants

Registration of meeting participants is a good reason to update the data on the register of gardeners, so in the lists for registration of participants you can request information for maintaining a register of gardeners. If the register already has all the data on the meeting participant, then you can ask whether there have been changes and, if changes have occurred, record them.

When registering, an appendix to the minutes of the meeting is filled out, which indicates the full name of the participant and the participant signs. This sheet is then attached to the minutes of the meeting. If a representative of a meeting participant participates in the meeting, it is better to make a copy of the power of attorney. The full name and registration address should be checked against the participant’s passport or other identification document.

If issues are resolved at the meeting, the discussion of which requires the invitation of persons running a business without participating in the Partnership, then when registering participants in the meeting, 2 registration lists should be filled out, one should contain members of the Partnership, and the other should include persons running a business without participating in the Partnership.

In what form can it be carried out?

It can be held either in the form of joint presence of all members, or in the form of a meeting of authorized representatives.

For it to be valid, it is necessary that at least 50% of the total number of SNT participants be present. This problem can be solved if each of those who cannot attend issues a power of attorney to participate and vote on his behalf.

Such a power of attorney must be certified by the chairman. It can be issued, including in the name of another participant, who in this case will take part and vote both on his own behalf and on behalf of the principal.

The situation is simpler if a meeting of authorized representatives is held. Commissioners are elected from among the members of the SNT, and they cannot delegate their powers to other persons. Commissioners are elected if the charter of the SNT allows a meeting to be held in this way, and it establishes the following provisions:

the number of participants from whom one representative is elected;
term of office of the commissioner;
the procedure for electing commissioners (by open voting or secret voting using ballots);
possibility of early re-election.

Such a meeting has the right to consider any issues regarding the activities of the SNT and make decisions on them.

We draw up the minutes of the general meeting of SNT members.

With the new law, more and more questions are being asked about the preparation of minutes of general meetings of members. Especially if the agenda included the issue of approving a new form of the Charter. Often, only a notary will find out that the protocol was drawn up incorrectly...

What significant points should be reflected in the minutes of the general meeting of SNT members.

Handwritten or typed on a computer. Of course, the obligation to print protocols on a computer is not established by law. At the same time, it is much more convenient to work with typewritten text. Therefore, directly at the general meeting, the secretary makes only notes on the substance of the issue and records important points. Later, the minutes are printed and signed by the chairman of the general meeting and the secretary.

Numbering. In fact, having a protocol number is not necessary. The protocol may be without a number (n/n).

Date, time, place of the general meeting of SNT members. The date is simple. As for the time, it is advisable to indicate the start time of the general meeting and its end time. Address - as a rule, this is the legal address of SNT with specification of the exact location of the meeting (at the gatehouse, near the pond, etc.).

Quorum. It is necessary to indicate how many total members there are in the SNT according to the register at the beginning of the general meeting and how many of them registered to participate in the general meeting. Is there a quorum and is the meeting competent to make decisions? When making calculations, please note that gardeners who submitted applications for membership and were present at the general meeting are not members at the start of the meeting and can only register as individuals. Moreover, if the question of accepting the specified gardeners comes first, from the second question they are members. Be careful with the calculations... Take for example, you can, for example, 10 new members, and only 2 of them are present. If at the time of registration there was a critically small number of members present (slightly more than 50%) and only 2 members were added to them, did it affect newly admitted to the total number of members so that there was no quorum based on the results.

Secretary, counting commission and presiding officer. The chairman may be the Chairman of the Partnership or another person elected by the general meeting. The new law does not provide for a secretary, but in any case someone needs to keep minutes. The mandatory presence of a secretary can be provided for in the new form of the SNT Charter. However, if this is not done, more signatures on the protocol will not entail negative consequences. As for the counting commission, this body is also not required by law, but is not prohibited either. Depending on the number of people present at the meeting (and the number of members in general), some Partnerships can easily do without the counting commission as a separate body. They will assign this responsibility to the secretary. Thus, candidates for chairpersons, secretaries, and counting commissions are nominated, if necessary, and voting is held. We record in the protocol who was chosen by whom by majority vote.

Agenda. The agenda of the general meeting of SNT members is developed by the board and communicated to gardeners no less than two weeks in advance using the following methods: the Partnership website, notice board, emails indicated in the register of members. At the same time, other methods of notification are also acceptable, but it is problematic to prove them in court (messengers, social networks, SMS messaging, etc.). It is not prohibited to use them. Additional items cannot be added to the agenda directly at the meeting. The only exception is the presence of 100% of members at the meeting, which is practically impossible. At a meeting, decisions can be made on fewer issues than on the agenda, but not on more. Discussion of additional issues is allowed. But you shouldn’t vote or make decisions on them. Such decisions can be easily overturned in court.

Discussion, essentially. The chairperson at the general meeting voices the item on the agenda and introduces the speaker. The speaker, in turn, conveys the essence of the issue to the audience. The presiding officer or the speaker himself puts the issue to a vote. If the issue involves discussion and voting on several “sub-issues” (for example, when approving the form of the charter, a vote may be held on individual points related to the text of the draft Charter of SNT), then one vote can be held on the entire list of “sub-issues” or on each issue separately.

In this case, the minutes can reflect those remarks and comments that were voiced during the discussion, but only those that were directly related to the essence of the issue. Those. if, during the discussion of the estimate, the gardener complains about a conflict with a neighbor, it is not necessary to indicate this point. The protocol does not have to be a transcript.

Voting and vote counting . Let's not forget about the registration sheets. The total number of votes on each issue should be the total number of those present at the general meeting, which is reflected in the registration sheets. At the same time, if the gardeners decided to leave in the middle of the meeting and did not note this fact on the registration sheets (left from the second question, full name, signature), then legally they continue to participate in the meeting. At least in court it will be very difficult to prove otherwise. Therefore, voting can be carried out “from the opposite direction”. We ask who is against and abstained (if they are supposed to be a minority), the rest turns out to be “for”.

Be very careful when interpreting the voting results, since the new law obliges most important issues to be decided by a qualified majority of members present at the meeting (Clause 2, Article 17 of Federal Law No. 217-FZ). This means that a majority of a couple of votes in one direction or another means that the decision has not been made. More than 60% of those present must vote “for” or “against”!

Individuals also vote on a number of issues (see clause 3, Article 17 of Federal Law No. 217-FZ). In order to avoid confusion and confusion at the meeting, especially with a large number of people present, it is permissible to issue voting ballots for members (individual gardeners) who participate in the regular (extraordinary) general meeting of members held in person. Upon registration, members and individuals are issued ballots according to their status. Members will have all the questions on their ballots, while individuals will have only those that fall within their competence. Please note that question 17) from clause 1 of Article 17 of Federal Law No. 217-FZ is not within the competence of individuals.

Decision. Do not forget to indicate in a separate paragraph the exact wording of the decision made, especially if this protocol is subsequently supposed to go to a notary or to the court. Moreover, often there is no need to submit the entire protocol; it is enough to make an extract of the decisions made. It is much easier to rewrite a ready-made solution rather than take it out of context.

Signature. In accordance with Article 21 of Federal Law No. 217-FZ, the minutes of the general meeting of members are signed by the chairman and certified by a seal. If the meeting was held in absentia, the minutes are signed by the Chairman of the Partnership. The signatures of the secretary and the counting commission are not required, but will not be superfluous.

Storage. According to Federal Law No. 217, protocols are stored for at least 49 years. Knowing the specifics of SNT, it sounds funny... Please note that the procedure for conducting office work in the partnership, including the procedure for transferring documents in connection with the re-election, removal from office of persons elected to the bodies of the partnership, is determined by the charter of the partnership!

Whether to attach applications. There is no obligation to attach to the minutes all materials that were considered at the meeting (estimates, feasibility studies, reports, regulations and projects), registration sheets, powers of attorney and other materials. But you need to have them available and store them. You never know when all this will come in handy. In practice, there were cases when the decision was “to destroy the minutes and all materials thereto six months from the date of the meeting.” There is no need to do this!

Disseminating the results of the general meeting to members. There is no legal obligation to post the minutes of general meetings of members within a certain period. But the statute of limitations for challenging the decisions of a meeting for those who did not know about the meeting and could not attend them (was on a business trip, for example) is calculated from the moment such persons could learn about the results of the meeting. Therefore, we strongly recommend posting meeting minutes on the website indicating the date of publication. The section with protocols and other important materials can be made closed, i.e. Only registered users will have access to them.

How to convene

The Board convenes meetings as necessary, but not less than once a year. An extraordinary one is carried out by decision of the board, the request of the audit commission (auditor), as well as at the proposal of a local government body or at least one fifth of the total number of participants.

The board, having received a request or proposal to hold an extraordinary event, is obliged to consider it within seven days and decide whether to hold it or refuse. The audit commission (auditor), SNT participants, and local government bodies can appeal the refusal in court.

If the issue concerns the early termination of the powers of the chairman of the board or the early re-election of members of the board, then the meeting can be held without approval. The main thing is that the procedure for notifying the event is followed.

Preparation of the protocol

The decisions of the general meeting of SNT members are documented in a protocol, which is signed by the chairman of the event. There are no strict legislative requirements for the document - the form of the minutes of the SNT general meeting in 2021 is drawn up arbitrarily, but taking into account the requirements of regulations for the event itself and for recording its results.

The document should indicate:

where and when was the meeting of gardeners held,
who attended it,
what issues were discussed,
Voting results,
decisions made.

It is advisable not to leave empty spaces or empty spaces in the document, so that in the future it will be impossible to enter anything there. A list with the signatures of all gardeners who took part is attached to the protocol. Members of gardening organizations meet infrequently, and there are many issues on the agenda. The minutes are kept in full in the affairs of the partnership, and for submission to various authorities, extracts from the minutes are made regarding the required issue.

Sample minutes of the general meeting of SNT in 2021.

About the author of the article

Elena Turkina Practicing trial lawyer. Lives and works in St. Petersburg.

How to vote

The chairman is elected by a simple majority of votes of those present.

Decisions taken by a two-thirds majority:

on amendments to the charter and additions to it or on approval of a new edition;
about exclusion;
on the liquidation or reorganization of SNT, the appointment of a liquidation commission and the approval of interim and final liquidation balance sheets.

Other decisions are made by a simple majority of votes.

The procedure for convening a general meeting and the form of its conduct

The previously in force Federal Law 66 on horticultural and vegetable gardening associations of citizens regulated in detail the procedure for convening a general meeting of SNT members. Federal Law 217, which entered into force on January 1, 2019 (in its main part), introduced some changes to this procedure.

As before, it is held at least once a year and is valid if at least 50% of the partnership participants participate in it. This body resolves the most significant issues regarding the activities of a non-profit organization:

admission and exclusion of new participants;
approval of redevelopment projects;
handling complaints, etc.

From 01/01/2019, the rules for making decisions by voting have been changed. Some issues are resolved by a simple majority, but there is a list of decisions that are made if at least 2/3 of the participants vote for them:

amendments to the charter;
election of governing bodies;
making decisions on the acquisition of land plots and public property (its creation), etc.

Previously, the law defined such a form of holding a meeting as a board of commissioners. As a result of changes made to the law, Article 17, which defines the competence of this body, lost its reference to the board of commissioners.

Later, Explanations of the Ministry of Economic Development of the Russian Federation dated 04/01/2019 were given on this matter. Ministry specialists emphasized that the possibility of participation through a representative has not been canceled: in this case, there is no need for personal presence. Any member of the SNT can draw up a power of attorney and transfer their rights to a representative. The Board of Commissioners can still be legally convened if the powers of the trustees are properly documented.

Sample power of attorney

Another form is an extraordinary convocation, which is held upon request:

board of the partnership;
audit commission;
20% percent of SNT members;
municipal authorities.

A mandatory document that formalizes all decisions of the main management body of the partnership is the minutes of the general meeting of SNT members. In the absence of this form, it will be impossible to prove the validity and the very fact of the decision being made.

Sample minutes of the 2021 SNT general meeting.

Minutes of the general meeting of SNT members

The decisions made are documented in minutes and brought to the attention of all participants by the board within 7 days. You can find the minutes of the SNT general meeting below.

The protocol must necessarily indicate:

date, place and time of the event;
who was present;
information about the chairman and secretary;
order of conduct;
agenda;
voting on each item on the agenda;
decisions taken or not made on each item on the agenda.

What the law says about gardeners

On January 1, 2019, the Federal Law of July 29, 2017 No. 217-FZ “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” came into force. According to Art. 4 of the law, owners of garden plots of land have the right to create gardening non-profit partnerships in order to create favorable conditions for gardening:

provision of thermal and electrical energy, water, gas, drainage,
landscaping and protection of gardening areas,
protection of the rights and legitimate interests of its members.

Decisions on all key issues of activity must be made at a general meeting. This event should be carried out correctly, and after that, the minutes of the general meeting of SNT members should be drawn up according to all the rules.

There is no such form as a dacha partnership in the current legislation, so former summer residents are now classified as gardeners.

Appealing a document

Like any document, the protocol can be appealed: challenged in court or declared void.

According to the Civil Code, a decision is considered void if:

The issue was not included in the agenda. The exception is that all SNT participants were at the meeting.
Contradicts the law.
Adopted contrary to the voting results.
Adopted on an issue that is beyond the competence of the general meeting.

more than half of are present .

The decision is contestable in court if:

the meeting was organized out of order, which influenced the decision;
the person speaking on behalf of the association did not have the authority to do so;
during the discussion, the participants did not have equal rights;
the protocol was conducted in violation of the rules.

The appeal period is:

six months from the moment when the citizen whose rights were violated learned or could find out about the decision being made;
up to 2 years from the moment the decision became known to SNT members.

The appeal procedure is as follows:

Receive a copy of the protocol that you plan to challenge. This can be done with the chairman.
All SNT participants must be notified in writing of the decision to go to court. If other participants do not join the claim, then the right to appeal these decisions will be closed to them.
Preparation and submission of a claim. It is required to provide documents related to the case, as well as pay a state fee. In 2017, it is 300 rubles for individuals. The claim is filed in court at the location of the gardening association.
Participation in court hearings and obtaining a decision. The decision can be appealed within 1 month after its adoption.

What is the deadline for appealing the results of the meeting?

The decision of the general meeting can be challenged in court within six months from the day when the person whose rights were violated by the decision learned or should have known about it, but no later than within two years from the day when information about the decision became publicly available for gardeners. (Clause 5 of Article 181.4 of the Civil Code of the Russian Federation)

Publication of information about the decision made by the meeting on the notice board, in the media, on the Internet, on the official website of the relevant body is considered publicly available, if such methods of posting are the established practice of communicating information to gardeners, as well as a link in the payment document sent to the gardener, challenging the decision. Public availability of information is assumed until the person whose rights are violated by the decision proves otherwise.

In other words, if the gardener was at a meeting whose decision he is trying to challenge and his signature is in the minutes of the meeting, then he only has 6 months to challenge the results of this meeting.

If the gardener was not at the meeting, then he has 2 years after publishing the results of the meeting on the Partnership website and posting the results on the notice board.