Activities related to SNT are regulated by Federal Law No. 217-FZ “On gardening and horticulture by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation,” adopted in 2021.
SNT (horticultural non-profit partnership) is an organization that is created by the owners of garden plots of land for the joint ownership and disposal of common property. SNT resolves issues of providing the entire territory of the partnership with water, gas, electricity, as well as problems of water disposal and management of municipal solid waste. In addition, SNT is engaged in landscaping and protecting the territory and ensuring fire safety. In cases where any questions arise in the interaction between members of the SNT or with other persons or government bodies, the organization provides all possible assistance to the members of the gardening partnership.
Who can be a member of SNT?
Members of the SNT can be individuals who are the legal holders of a garden or vegetable plot of land located within the boundaries of the partnership’s territory.
ATTENTION! Members of the SNT can be the legal holders of a land plot, and not just the owners . In Art. 12 of Law N 217-FZ establishes the possibility of right holders of land plots to become members of a partnership.
As a result, owners of plots or citizens using plots on the basis of the right of , permanent (perpetual) use or lease (provided that such plots are in state or municipal ownership) can be accepted as members of the partnership
It should be noted that Law No. 217-FZ does not define the grounds for the emergence of such rights, and also does not connect membership in a partnership with the fact of state registration of rights to a land plot.
Better than in the city
The E-poselok system is not only an environment where you can conveniently generate invoices, pay, work with statistics, and notify residents about events and activities in gardening. It is also a helping hand for gardeners. Legislation in our country is constantly changing, and what exists is filled with amazing revelations. In order not to suffer from these beauties, we will try to prepare some tips and recommendations for our partners and friends. In your e-poselok personal account there is a special section - a library, where various materials are published for chairmen, board members and ordinary gardeners. We strive to update and keep these documents current. We publish some of the most popular materials in the public domain.
Today we are pleased to introduce you to the first document that a new resident of the village signs - an application to become a member of a gardening community, association or partnership. 217 of the Federal Law established fairly specific requirements for this application and the conditions for admitting the applicant to membership in a partnership or partnership. The law also establishes a list of information that must be collected about the gardener in order to fulfill the requirements for maintaining a register of owners.
In this regard, we have prepared a standard form - a 2019 application form for joining SNT, DNT, DNP, etc., which meets the requirements of 217 Federal Law and in part of Art. 12 clause 5 (the application itself), and in part of Article 15 (collection of data for the register of owners) and in part of Art. 15 clause 2 (compliance with the requirements of the law on the protection of personal data), as well as in order to resolve the conflict in the number of votes and members in the partnership from one site, which is owned by several persons.
Please note: the law now establishes situations where, even if the general meeting really wants to accept a new gardener as a member, it does not have the right to do so:
- it is impossible to accept as a member of a partnership or partnership a person who was previously expelled from membership due to failure to timely pay contributions and has not eliminated his debt ;
- it is impossible to accept as members of the partnership persons who are not the owners or legal holders of land plots located within the boundaries of the gardening;
- It is impossible to accept as members of the partnership persons who have not provided copies of documents on the right to the site and have not submitted an application that would comply with the requirements of the Federal Law. Actually, e-poselok specialists have prepared such a statement for you.
These requirements stem from Art. 12 clause 9. and are completely justified and justified from the point of view of common sense and legal requirements.
What details are required for an application to join a partnership?
The application for admission to the partnership shall indicate:
- surname, name, patronymic (last - if available) of the applicant;
- the applicant's place of residence;
- postal address at which the applicant can receive postal messages, except for cases where such messages can be received at the address of residence;
- email address at which the applicant can receive electronic messages (if available);
- the applicant’s consent to comply with the requirements of the partnership’s charter.
Attached to the application are copies of documents on the rights to a garden or vegetable plot of land located within the boundaries of the gardening or vegetable gardening territory.
Maintaining the Register of members of the Partnership.
In accordance with Art. 15 of the Federal Law of July 29, 2017 No. 217 - 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” SNT “Priobye” is obliged to maintain a register of members of the Partnership and a separate register of persons (right holders of garden land plots) conducting gardening without participating in the Partnership.
The register contains data on members of the Partnership and persons (right holders of garden land plots) engaged in gardening without participation in the Partnership, specified in Part 5 of Article 12 of the Federal Law of July 29, 2017 No. 217 - FZ, namely:
1) Last name, First name, Patronymic (last - if available);
2) address of the applicant’s place of residence;
3) postal address at which the applicant can receive postal messages, except for cases where such messages can be received at the address of residence;
4) email address at which the applicant can receive electronic messages (if available) and telephone number;
5) the applicant’s consent to comply with the requirements of the partnership’s charter;
6) cadastral (conditional) number of the land plot of the copyright holder (providing a copy of the document on the rights to the garden land plot or an extract from the Unified State Register is required).
According to Part 4 of Article 15 of the Federal Law of July 29, 2017 No. 217-FZ:
“Members of the Partnership and persons engaged in gardening without participation in the Partnership are obliged to provide reliable information (in writing) necessary for maintaining the register of the Partnership and promptly inform the Chairman of the Partnership about their changes, within the time limits specified in Federal Law dated July 29, 2017 No. 217 - Federal Law and the Charter of the Partnership.
In case of failure to fulfill the obligation to provide reliable information, a member of the Partnership bears the risk of attributing to him the expenses of the Partnership associated with the lack of up-to-date information in the register of members of the Partnership.”
The procedure for submitting an application to become a member of the Partnership.
Members of the Partnership can only be individuals, legal holders of garden land plots located within the boundaries of the gardening territory of SNT "Priobye".
Before submitting an application to become a member of the Partnership, the owner of the land plot has the right to familiarize himself with its Charter.
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.
The application is submitted personally by the applicant, in writing, according to the form of SNT "Priobye", developed in accordance with the requirements of the Federal Law of July 29, 2017 No. 217-FZ, with the obligatory provision of copies of documents on the rights to the garden land plot or extracts from the Unified State Register (in which indicate the cadastral (conditional) number of the land plot, full name of the copyright holder) and documents confirming the identity of the copyright holder (passport).
The application form (with the attachment of the necessary copies of documents and with a document confirming the identity of the copyright holder) for membership in the Partnership is accepted during business hours during the work of the Board.
The day of admission as a member of the Partnership of a person who has submitted an application to become a member of the Partnership is the day the corresponding decision is made by the general meeting of members of the Partnership.
The acquisition of membership in the Partnership may be refused in accordance with paragraphs of Part 9 of Article 12 of the Federal Law of July 29, 2017 No. 217 - Federal Law and the Charter of SNT "Priobye".
APPLICATION FORMS
How to leave SNT
You can not only join a gardening partnership, you can also leave it, both voluntarily and forcibly.
If you decide to voluntarily leave SNT, then you need to write a statement to the board of the partnership. Consideration of the application by all members of the SNT, as happens when joining the organization, is not required. The day of submission of the application is considered the day of termination of membership in the partnership.
The reason for forced termination of membership in SNT is failure to pay membership fees for more than two months, unless the charter of the gardening partnership provides for another period. The issue of expulsion is adopted at the general meeting of SNT members. A month before it is held, the chairman of the partnership sends a warning to the defaulter with a recommendation to pay membership fees. If the recommendation is not followed, the member of the SNT is expelled.
As you can see, it is quite easy to join a gardening partnership and even easier to leave. We hope our recommendations helped you understand this issue.
How to join SNT
The main condition for joining the SNT is the ownership of a garden plot of land located within the boundaries of this gardening partnership.
In addition to owners, citizens who:
- use the land according to the right of lifelong inheritable ownership;
- have the right to permanent (indefinite) use of the land plot;
- rent a land plot (provided that this plot is in state or municipal ownership).
Owners and legal holders of land plots can carry out their activities both independently and as part of a gardening partnership. If you chose the second option, then you need to become a member of SNT.
Only an individual can be a member of a gardening non-profit partnership.
We will describe in detail how you can join SNT:
1. Write a statement to the board of the partnership, indicating:
- last name, first name and patronymic, if any;
- residence address;
- if you live in another place, then indicate the postal address at which you can receive postal items;
- an email address (if you have one) where you can send emails;
- consent to comply with the charter of the partnership.
2. Be sure to attach to your application copies of documents confirming your right to a garden plot of land located within the boundaries of this SNT.
After receiving your application, after some time it will be considered at a general meeting of members of the partnership. The day the decision is made will be considered the day of your entry into the gardening partnership.
Who can be denied SNT membership?
- Persons who are not owners or legal holders of land plots located on the territory of this SNT.
- Persons who were previously members of this partnership, but were expelled due to refusal to pay membership fees and did not subsequently pay them in full.
- Persons who have not provided all the documents necessary for joining the SNT.
Within three months after joining the partnership, each member of the SNT is issued a membership book or other document that confirms membership in the gardening partnership.
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.
