List of documents for the dacha that the owner must have
It is necessary to make sure that the seller legally owns the property: bought it, inherited it, etc. If the land plot is inherited, then you should make sure that there are no other contenders for the tidbit. You can sign a contract if a person has already entered into inheritance rights. The certificate is received only six months after the opening of the inheritance.
- certificate of ownership. Confirms the legality of the basis of ownership in the agreement of purchase and sale, donation and exchange;
- cadastral documentation for a country house and land plot;
- a certificate from Rosreestr confirming the absence of arrests and encumbrances;
- a certificate confirming payment of utility bills;
- a certificate confirming payment of membership fees to the cooperative;
- a certificate in Form No. 9 is needed in 2020, when the land plot along with the house is sold;
- extract from the house register
Appeal to the prosecutor's office regarding the theft of electricity from SNT
But many, having refused to pay for the services of power plants, continue to use these benefits. The SNT board requires the owner of the land plot to pay membership fees, but at the same time does not want to fulfill the obligations of maintaining the general SNT property in proper condition, which is in disrepair.
Question to the lawyer: Lawyer's answer to the question: complaint against the chairman of the council to the prosecutor's office Yulia, you have already practically written the text of the complaint. Indicate the circumstances of the case in more detail and, preferably, confirm your facts with documents. ———————————————————————— Is there any point in writing to the prosecutor’s office? question: complaint against the chairman of the council to the prosecutor's office Good afternoon. The prosecutor's office will not help. Take action yourself. Ask the chairman of the cooperative for a copy of the charter and study it.
What documents, including internal, accounting and non-accounting, should SNT have and why?
Charter of the partnership
– the second most important document, after the special law (Federal Law No. 66 until December 31, 2018 and Federal Law No. 217 from January 1, 2019). However, not everything that is stated in the Charter is the ultimate truth. The provisions of the charter cannot contradict the current legislation of the Russian Federation. The current Charters of SNT are often practically the same, and to one degree or another copy the provisions of Federal Law No. 66. Charters developed in accordance with the requirements of Federal Law No. 217 will be used more often than old ones, since the new law is very variable and many important points for partnerships must be determined by charters.
Statistics codes.
Previously, Rosstat authorities issued a document indicating the partnership’s statistics codes. Now you can print out a form with partnership statistics codes yourself. As a document, it has no legal force, but without the digital indicators indicated in it, not a single payment order to the budget can be drawn up.
What Documents Should a Valid SNT Have?
An essential condition for creating a gardening or dacha partnership is the presence of participants who meet all the requirements of current legislation and the location of all land plots within the same territory. The basis for the creation of a community is the general decision of citizens on the establishment . In some cases, such a decision may arise during the reorganization of another association.
- name, location and legal form of the organization;
- subject, goals and objectives of the community’s work;
- powers and obligations of the community and its members;
- rules and conditions for accepting citizens as members of the community ;
- procedure for making membership fees and other payments;
- conditions and rules for organizing compulsory work;
- powers and competence of governing bodies, rules for their selection;
- the procedure for paying salaries to employees of the association;
- procedure for holding general meetings and voting;
- rules of record keeping and document flow of the community;
- conditions for liquidation or reorganization of the community.
What documents should the SNT have?
We recently bought a plot of land, and therefore I would like to clarify with you what documents should I have on hand? At the moment there is a certificate of ownership, a cadastral passport for the plot, a purchase and sale agreement, and a membership book. The site is located in SNT, in New Moscow. And the second question: why do you need an inter-chewing plan?
On July 4, 2020, clause came into force. 2.1. Clause 1 of Article 19 of Law No. 66-FZ, according to which a member of a horticultural, gardening or dacha non-profit association has the right to get acquainted with documents related to the activities of the association provided for in paragraph 3 of Article 27 of Law No. 66-FZ and receive copies of such documents.
Country theft of electricity, control over electricity in SNT
— The most stringent requirements should be applied to gardeners who illegally (bypassing the meter) consume electricity, up to and including making a decision at a general meeting to deprive them of the right to use electricity and transfer the case of collecting money for stolen electricity to court.
We recommend reading: The cost of a train ticket for schoolchildren in the summer
SNT pays for incoming electricity using a meter, which also takes into account losses. The costs of maintenance, current and major repairs, periodic testing of electrical installations and lines, training and certification of personnel, maintenance of workers servicing electrical installations - all this is paid from funds collected from members of gardening associations and is not included in the tariff.
Responsibilities of the chairman of SNT, or Is it difficult to be the main one among gardeners
Disconnection is carried out after a warning and if the offender has not eliminated the problems on time. For other violations of the charter, for example, non-payment of membership fees, the board and chairman do not have the right to turn off electricity as a measure of influence on the defaulter.
- Chair board meetings with the right of first signature on financial documents and minutes.
- Conclude contracts, open bank accounts, issue powers of attorney.
- Constantly monitor the proper performance of their duties by all employees.
- Monitor the proper operation and safety of all SNT engineering equipment.
- Conduct a weekly inspection of the organization’s common property to identify its technical condition, efficient operation and degree of wear.
- Maintain contacts with representatives of energy supply and contractor organizations regarding the implementation of SNT contractual obligations. Organize access for specialists to engineering equipment.
- Monitor the fulfillment of obligations by energy supply organizations and contractors under contracts with the partnership, promptly inform the board of violations of contractual obligations.
- Conclude service agreements with third-party organizations in a timely manner, paying for their services at the specified rates.
- The official responsibilities of the chairman of the SNT also include representing the interests of the partnership in the district administration, sanitary supervision, state supervision, technological supervision to the extent of his competence.
- Take measures to eliminate emergency situations (power outage, accidents, etc.), draw up reports on emergency situations at the request of the owners.
- Take and record the readings of electricity meters on a monthly basis (if necessary, with the involvement of employees of the relevant services), transmit the readings of the meters to the accounting department of SNT and to energy supply organizations.
- Work with persistent defaulters to eliminate debt for maintenance and other services provided.
- Inform owners in a timely manner about restrictions (or shutdowns) of the services provided using announcements posted on information stands, and monitor information on the SNT website.
- Monitor statements of owners, record them and timely execution by SNT employees.
- Monitor the sanitary condition and cleanliness of the territory, including the container site.
- At least once a quarter, inform the board of the partnership about plans and the results of their implementation.
- Ensure the availability, safety and replenishment of working and technical documentation of SNT - plans, diagrams, drawings.
- Monitor reporting – accounting, statistical, technical.
- Monitor the activities of the chief accountant of a non-profit organization.
- Verify the correctness of payments to SNT owners.
- Together with members of the board, regularly monitor the condition of engineering equipment and external improvements in the partnership’s cottages, and take timely measures to eliminate any identified deficiencies.
- Twice a month, receive members of the organization, both on personal and general issues of SNT activities.
- Make purchases of material and technical resources that are necessary for the statutory activities of SNT.
- Store confidential information that the chairman must possess in accordance with his position (financial condition of the organization, personal data of members of the partnership).
- When performing official duties, be polite and correct with employees and land owners.
- If the employment contract and legislation define other obligations, strictly comply with them.
We recommend reading: Sick leave is subject to pension contributions
If the chairman of SNT wants to leave his post, but there is no replacement
You can elect anyone and call him whatever you want, another question is whether changes will be made to the Unified State Register of Legal Entities. The one who is listed in the Unified State Register of Legal Entities is the head of the organization. For example, the chairman resigned voluntarily during the term for which he was elected. An "interim" was elected. This protocol went nowhere further. As a result, the former chairman continues to bear legal responsibility, and the new one has no rights different from the rights of any ordinary gardener. And what is the meaning of such “performing...”?
We recommend reading: Labor Code of the Russian Federation Art. 78 With Amendments and Additions for 2020
1. Gardeners really don't know what the chairman does.
In the understanding of 90% of gardeners, being a chairman means performing purely organizational work during the season. Order garbage removal, grass mowing... In practice, this is not entirely true, because: find someone who mows the grass, enter into a GPC agreement with him, sign a work completion certificate (draw it up yourself), pay remuneration, accrue and pay all due taxes, reflect them correctly in reporting - monthly, quarterly, annual... And so on for any reason. Starting next year, such a work pattern definitely cannot be avoided! I did it according to the law - it was bad. I saved, but I didn’t like it either.
What documents must be available for a plot with an unfinished permanent house in SNT when purchasing
The gardening membership book is not a title document for either a house or a land plot and is not required at any stage of the registration of a purchase and sale transaction, donation or registration of ownership (privatization) of a land plot or country house.
Recently, many sellers and buyers (unfortunately, including through some real estate agencies.) carry out transactions for the purchase and sale of land plots with or without houses by admitting the buyer as a member of a gardening partnership with issuing a membership book in his name and excluding general meeting of the seller from members of the gardening partnership and the acceptance of the buyer instead
How to properly hold a meeting of SNT according to law 217-FZ
As a rule, it is quite difficult to obtain a quorum to make decisions at a meeting. To participate in a meeting, people abandon their affairs and worries, therefore, by gathering people for an unprepared or poorly prepared meeting, you can make them disappointed in this “mess and verbiage” and in the future it will be even more difficult to achieve a quorum.
We recommend reading: Can Money Be Debited From a Wife’s Card Because of Her Husband’s Debt?
4. After the meeting, processing of the minutes and counting of votes (7 days according to the Law), the decisions of the meeting should be published. From the moment of publication, gardeners begin to bear responsibility for violating the decisions of the general meeting, and a 2-month period begins for payment of membership and target fees of members of the Partnership and fees for the use of the Partnership’s property for persons running a farm without participating in the Partnership.
The delivered minors were examined in
The chairman of the SNT sells abandoned plots. Therefore, in order to become a member of a gardening association, it is necessary that the documents for the land plot be drawn up in accordance. What documents should you have when purchasing a plot of land? Unregistered real estate and land are also difficult to take into account for tax purposes and difficult to insure. We looked at a plot in the new SNT.
Ask the chairman to write a receipt stating that you transferred everything to him. 2. I was given ownership of a land plot of 6 acres. I began to re-register the documents. The definition of “willful defaulter” must be determined at the general meeting of SNT in the number (unpaid or delayed in payment. According to Russian law, all land plots must be transferred into the ownership of their owners. Usually, SNT members have title documents in their hands there is only a gardener's book.To do this, you must be registered on the site and have the appropriate status as a member of SNT "Spaces".Check the documents for the plot - Legal documents.
We recommend reading: Procedure for registering ownership of a garage
Complaint against the chairman of the union to the prosecutor's office
At the same time, in accordance with Part 5 of Art. 11 Federal Law "On the procedure for considering appeals from citizens of the Russian Federation" and the Instruction on the procedure for considering appeals and receiving citizens in the prosecutor's office of the Russian Federation, approved by order of the Prosecutor General of the Russian Federation dated January 30, 2013, if the citizen's written appeal contains a question to which he written answers on the merits have been repeatedly given in connection with previously sent appeals, and the appeal does not present new arguments or circumstances, the head of a state body or local government body, an official or an authorized person has the right to decide that the next appeal is groundless and the correspondence is terminated with a citizen on this issue, provided that the specified appeal and previously sent appeals were sent to the same state body, local government body or the same official.
Lawyer's answer to the question: complaint against the chairman of the SNT to the prosecutor's office Good afternoon. The prosecutor's office will not help. Take action yourself. Ask the chairman of the cooperative for a copy of the charter and study it. What is written about the procedure for exiting members of the cooperative, are there any restrictions and imposition of sanctions, if so, in what order, etc. Request a copy of the minutes of the cooperative board (or general meeting) at which the decision was made to refuse re-registration. You have the right to appeal it in court. If, after analyzing all of the above documents, you find violations, then they can be stated in a complaint to the prosecutor’s office. The prosecutor's office will not look for violations on its own; it will write that you have the right to go to court. But if the complaint already contains facts for the prosecutor’s response, then the chances of success will increase. ———————————————————————
What documents should you have when buying a summer house in SNT?
- act of approval of the land plot (consent of neighbors to sell), a certificate from the chairman of the horticultural non-profit partnership (SNT) about the compliance of the area with the measurements of the plot;
- a document confirming the powers of the chairman of the SNT (protocol of election);
- copying (reduced image of the territory on which the site is located), if there is no SNT General Plan.
A potential buyer should check with the seller the land title certificate issued by the land committee (blue certificate from 1992 to 1993, pink certificate from 1993 to 1997). It must contain the owner’s details, confirmation that the land plot is owned, and the basis for issuing the certificate (resolution of the head of the administration).
What Documents Should a Valid SNT Have?
Having filed a statement of claim in court , you end up with another judge who sees beyond the provisions of Art. 27 of the mentioned law are the following expected actions (in the opinion of the judge) of the plaintiff and defendant before going to court:
- The legal way for a gardener to familiarize himself with documents in SNT:
Interpretation of the provisions of the article in favor of the gardener on the basis of what is written in Article 27 after the conjunction “and also” may turn out to be useless in court, because the use of this conjunction means delimiting homogeneous members of the sentence from each other. The result is that the document is provided to the member of the SNT at his request (oral or written? - the law does not say) for review, and to other bodies and organizations in accordance with their written requests. In turn, the written request will necessarily indicate the basis for issuing a copy or original of the document based on the legislation governing the activities of the requester. Filing a lawsuit is risky. You can lose. What should I do?
Responsibilities of the Audit Commission
The Audit Commission is a permanent body of the SNT, elected at a general meeting of members of the partnership for financial and economic control over the activities of the association, its board and other officials.
The commission carries out its activities in accordance with the charter of the partnership, as well as relevant regulatory documents.
Members of the commission consisting of three people are elected for one to two years at a general meeting by open or absentee voting from among persons with higher (or basic higher) education - legal or economic and experience in the economic and legal sphere. A commission of two people is also eligible. If one is elected, he is called the Auditor. Any member of the partnership may be elected to the audit committee. A professional owner who permanently resides on the territory of the SNT, but is not a member of it, is approved separately.
The following may not be members of the audit commission:
- Chairman of the Board;
- board members and their relatives;
- debtor owners;
- persons with criminal records and disqualifications;
- someone by proxy from a member of SNT.
If other governing bodies are also elected at the general meeting, then the audit commission is appointed after them.
Functions of the Audit Commission:
- Checking the financial documents of the partnership, inventory, constituent documentation, minutes of meetings and orders of the chairman and board, comparing the results with accounting data.
- Verification of the legality of contracts and other transactions on behalf of the partnership.
- Checking the prepared balance sheet, annual report, profit distribution, reports for the tax office, statistics and government agencies.
- Assessing the validity of cost and income estimates.
- Checking the actual availability of property and funds.
- Verification of the intended use of funds and property.
- Checking the validity of financial transactions, completeness and timely payment of taxes.
- Checking the reasonableness of costs for capital expenditures and ongoing activities
- Checking the financial condition and control of debt of SNT members.
- Checking payroll calculations for individuals.
After checking the financial activities, the commission draws up a conclusion assessing the correctness of the documentation (reports, balance sheets, declarations). An audit of the financial activities of the association is carried out once a year. The results of the conclusion are presented to the general meeting only after the chairman and members of the board have familiarized themselves with them. The commission must promptly communicate to the board (in writing) the results of all inspections seven days before the general reporting meeting. For complaints from members - within 10 days.
When compiling a report, the commission develops precise recommendations for correcting deficiencies. The commission has no right to disclose all confidential financial information (personal data of members of the organization, its financial condition). In the absence of an external audit, the conclusion is made on the annual report of the partnership and the approved budget with salary accruals. The powers of the audit commission also include proposals to the general meeting on bonuses based on the results of the audit for the board and the audit commission to improve motivation in work.
The duties of the chairman of the audit commission include receiving members of the SNT once a month (a specific date is determined).
Responsibilities of the chairman and the board in relation to the audit commission:
- During the period of inspections, the board provides all possible assistance in the work of the auditors, placing at their disposal an office, office equipment, and office supplies.
- The chairman includes the nominations of owners who submitted an application to the ballot if the agenda of the meeting includes the issue of choosing an audit commission.
- The chairman of the board of the partnership is obliged to provide the auditors with the documents that were indicated in the decision to conduct the audit or give a written explanation of their absence.
- At the written request of any member, the board is obliged to familiarize him with the findings of the commission and provide copies of the conclusion.
- When preparing the general reporting annual meeting of members of the association, the board and chairman are required to distribute to all their members the conclusions and reports of the audit commission.
New edition of the SNT charter for gardeners - 2020 sample
- Name SNT.
- Organizational and legal form of the partnership.
- Community location.
- Goals and subject of the organization's activities.
- The procedure for managing the activities of SNT, including the powers of various internal bodies of the organization.
- Conditions for acceptance as a member of the partnership, exclusion from it and voluntary withdrawal.
- Features of maintaining a register of community members.
- Rights and responsibilities of each participant.
- The procedure for making contributions, as well as the responsibility of each citizen for making mandatory contributions.
- The procedure for the activities of individual bodies of the SNT and the adoption of necessary decisions.
All these provisions are extremely important and must be present in the charter of the partnership without fail.
The charter is a standard document that must have eight mandatory sections. In this case, the content of the document can be supplemented with other points, but this is at the discretion of the community founders. The first section contains general provisions that tell about the name of the partnership, its address and founders.
What should I know when buying a dacha in SNT
Before purchasing, you should decide on the transport accessibility of your future dacha. How far to go from home, is there a bus or train nearby, fare, frequency of service. It is difficult to predict the behavior of neighbors in advance, but you can make inquiries about rowdy people, desperate gardeners, beekeepers, and goat or rabbit owners. So be sure to draw conclusions about the desirability of such a neighborhood for yourself.
An important point of communication, because SNT usually does not have dedicated meters. This is done by the chairman of the gardening partnership. The second point is maintenance, that is, road repairs and snow removal. The third is water. It is also important that the object not only be registered in the cadastral register, but also have certain boundaries in accordance with the norms of the cadastre law. As a rule, most of the boundary disputes are in the “old dachas”. Therefore, it is necessary to call surveyors who will use special equipment to determine the boundaries of this land plot.
Ways to prevent electricity theft in SNT
It is important to understand that all problems can be solved! There are the necessary legal and technological tools for this. If a persistent defaulter appears, you can teach him a lesson - disconnect him from the power grid for a while until payment is received. How to eradicate the theft of electricity in SNT? If desired, with the approval of the general meeting of SNT, you can install modern electricity metering systems. The local Energonadzor organization will tell you about them. These systems control street lighting, perform remote metering of resource consumption, and program load control at a distance. Attention: They are completely justified, but they are expensive. Well, concluding an agreement between the association and each of its members is permissible if the general meeting makes such a decision. Then the members of the association will be obliged to obey and fulfill all the terms of the agreement.
They are clearly visible, and it is much easier to detect theft of electricity. In addition, in this case the meters become less accessible, since they are located at a three-meter height and are sealed and protected by a metering board. However, some experts believe that due to exposure to the atmosphere, these devices fail faster.
We recommend reading: Benefits for Labor Veterans on Railways During the Vacations
What Documents Should a Valid SNT Have?
The minutes of the general meeting of members of SNT “____________________” in the form of a meeting of authorized representatives No. _____ dated “______”_____________2007 are numbered and contain ______pages, and have appendices. Each page of the minutes and appendices is signed by the chairman and secretary of the meeting.
On issue No. _____ of the agenda the following was spoken by: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________