Is it possible to leave SNT and what are the consequences?

When purchasing land for horticultural or vegetable farming, citizens often join voluntary associations, such as SNT.

A garden non-profit partnership is created by members and owners of garden land on a voluntary basis to conduct joint farming. Being a member of the SNT means feeling more secure and not fearing for the safety of your land.

Each member of the SNT has every right to leave such an association voluntarily. Unfortunately, such an exit does not always become profitable and useful for him, especially if it is carried out in violation of the procedure for leaving the association.

We will tell you in this article how to leave SNT, and how this threatens a former member of the partnership.

Ways to leave a union

A gardening non-profit partnership is an organizational and legal form of association of citizens on a non-profit basis to achieve certain goals . The purpose of the association here is the desire of the owners or possessors of land to facilitate the management of their farms.

Each SNT has its own chairman, who, on behalf of the partnership, has the right to conduct any legal activities and act on behalf of other members of the partnership to solve problems related to the main purpose of the association.

All major issues of the SNT are resolved at meetings where members have the right to vote . For such an association, as a rule, participants pay fixed fees, with the help of which the partnership can function.

Joining the SNT, as well as leaving the partnership, are absolutely voluntary for citizens.

It is worth noting that voluntary withdrawal from the partnership in this case will not be a release of the gardener from the burden of maintaining his land plot.

How to leave SNT for individual use is up to each gardener to decide for himself. Federal Law No. 217 provides for 3 legal options for converting interactions with SNT:

1. Voluntary withdrawal when the gardener submits an application to the board of the partnership.
2. Forced – when a decision is made at a meeting to expel a gardener.
3. Automatic - upon the death of the gardener or termination of his right to own the plot.

When selling a garden plot to another person, information about the new owner can be found from an extract from the Unified State Register of Real Estate. From the moment of registration of his property, the new owner becomes the individual owner of his plot. He can join SNT only after registering property rights, if he expresses a desire.

How to properly leave a partnership? To do this, first of all, it is necessary to carefully follow the entire procedure for terminating the relationship, if we are talking about a voluntary expression of will.

What could be a good or bad way out?

Is it possible to leave the association? Of course it is possible . But it should be borne in mind that such termination of the relationship may not be entirely beneficial for some categories of gardeners.

There are pros and cons to exiting SNT, the impact of which must be collectively assessed before making a responsible decision.

The obvious advantages of such termination of the contract include the ability to conduct business on an individual basis, without taking into account the opinions of other gardeners, and the cessation of payment of membership fees.

Among the negative points it should be noted:

1. You will no longer be able to take part in the affairs of the partnership.
2. Your voice will no longer have any power, since you will have to be in the minority.
3. You will lose the opportunity to be elected to the board.

Upon leaving the SNT, the gardener has the right to no longer obey the rules and decisions established by the partnership. Such unauthorized exits and ardent attempts to disobey the rules of the partnership often give rise to conflicts between gardeners.

What does the exit procedure look like?

The procedure for leaving the SNT is strictly regulated by special legislation. If the procedure is not followed, the exit may be canceled and payments will be assessed for missed payment deadlines.

Let's look at what you need to consider when terminating an agreement with an association.

So, the procedure essentially consists of two main stages:

1. A statement of withdrawal is drawn up in two copies, the first of which remains in hand, and the second is handed over to the manager of the partnership.
2. Receive a mark on your copy about the date of submission of the document and the authorized person who accepted it.

In fact, the gardener does not even need to wait for a meeting to be held and a decision to exclude him is made . You can do this only for your own peace of mind, to understand that the procedure is completed.

Many people wonder how to write a letter of resignation? This is not difficult to do; it does not require specific knowledge and skills. The main thing is that the document contains a request for withdrawal and the conclusion of an individual agreement, a calculation of the share is made and all contributions made and the amount of debt are reconciled.

A gardener can be forcibly excluded from the association only if he does not pay fees for 2 months or more.

SNT also has its own charter, which may indicate a more precise period of non-payment, after which the procedure for expelling a member is initiated.

If a gardener dies, as a rule, SNT does not receive any information about the death of a citizen . Then his withdrawal from the membership occurs by expelling his candidacy at the meeting, provided that he has stopped paying monthly dues.

When the issue of expulsion of a member is decided at a meeting, notice of such a meeting must be sent to him. An extract from the protocol on exclusion is similarly sent to the gardener after a decision is made at the meeting.

The comrade is not immediately expelled from the SNT; first he is given the right to reform and pay off his debts. Only after such notice is ignored will a meeting be organized to expel the member.

Land ownership does not affect the exit procedure. How to get out of SNT if you own the land? If ownership is not lost, exit is carried out voluntarily through an application.

How to leave a dacha cooperative without selling your dacha

The urgent question is about the positive and negative aspects relating to leaving the SNT and the procedure for taking this decision. If a citizen decides to leave the partnership, the first step he needs to take is to draw up a free-form application and submit it to SNT.

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This means that in the fall you can lay the foundation for the future mansion (and it needs to sit for six months), and next spring you can “build” the walls. No one could sell your plot or deprive you of it by taking it away. If the plot was registered as a property, and according to your words this is the case, then most likely someone simply “sat” in your place.

Consequences of leaving

So, what are the consequences for an individual gardener after terminating relations with SNT? A particularly pressing question is what will happen to the common property of the partnership. Will this gardener actually claim use of it?

Two consequences of exit are important:

• rules for the use of common property;
• refund of paid fees.

The gardener's withdrawal from the partnership does not affect his ownership of the land. Ownership rights remain with the gardener .

If the exit was carried out by a member who has not yet managed to register his right to the land, the issue of establishment is resolved individually with the SNT.

If, as a member of the SNT, a citizen received a share in some property purchased with contributions, he has the right to return it. This can be done in kind or through cash payment.

Use of common property

The common property of gardeners is roads, electric poles and everything else that the gardener will continue to use after he leaves the partnership.

He will not need to go to his site bypassing the public road. He will have the right to use all this in the same way as before .

To legitimize the new relationship, he will have to conclude a new agreement with SNT on the use of common property. After receiving the application, SNT is obliged to offer the gardener to enter into a new contract.

If such an offer is not received from the partnership, the emerging gardener needs to take the following measures:

1. Create a draft of such an agreement yourself.
2. Send it by mail to SNT.
3. If you refuse to sign the agreement, file a claim in court.

Payments under the agreement are not identical to the contributions of SNT members. The board has no right to inflate such payments; such actions can similarly be appealed in court.

Refund of fees

Upon termination of relations with the association, the gardener has the right to receive a refund of targeted contributions upon leaving SNT . Anything paid in advance must be returned upon departure.

The SNT manager may not return the money to the gardener if an annual plan was drawn up in advance and the funds paid have already been spent on the needs of the partnership.

All payments must have documentary evidence in the form of checks and receipts.

If the manager refuses to return the funds, you need to send him a notice by mail demanding a refund. In the future, it will need to be attached to the lawsuit in support of an attempt to resolve the dispute with SNT peacefully.

How to transfer a plot from SNT to individual housing construction: procedure

• The owner collects the necessary package of documents, writes an application and draws up a petition. Subsequently, all documentation is transferred to the local administration.
• Over the course of several months, authorized employees of the organization check the documentation and study the possibility of making a positive decision. At the end of this procedure, a report is drawn up and sent to the applicant within two weeks.
• Upon approval of the application and receipt of the act, the owner applies to Rosreestr to make changes to the documentation of the site.

How does the transfer of a plot of land to individual housing construction take place?

The most problematic procedure is obtaining approval to change the status of land. To achieve the desired result, the owner will need to write an application and provide a complete package of documents to the local administration.

If the landowner decides to independently conduct business, separately from SNT, then he loses the right to the common property of the partnership. As a rule, the list of common property includes vital facilities: roads, utilities, electricity, etc.

Recommendations for leaving SNT

In 2020, slightly modified rules for leaving a partnership and rules for regulating relations within the association are in effect. The lawyers' answers to numerous questions from gardeners about leaving SNT boil down to the fact that financially today it is not entirely advisable.

An individual now pays the same fees as non-contract members of a partnership. By paying for the use of common property, individual gardeners will also continue to resolve issues regarding the disposal of this property.

Judicial practice regarding the withdrawal of members from SNT confirms the tendency of the courts to satisfy claims against the partnership . They are universally obliged to allow members to leave, to pay them pre-deposited funds, and to offer them the conclusion of new contracts.

Now the partnership has the right to collect money from members no more than once a month. All payments must be made non-cash by transferring funds to a specially created SNT account.

All plots for farming are registered in Rosreestr.

SNT is a voluntary association of gardeners, from which they can freely leave at any time . Such an exit is forever feasible from an economic point of view, because in fact they only have to re-register their relations with SNT with a new agreement for the use of the common property of the association.

Whether to leave the partnership or not is a personal matter for each gardener who has a plot of land of a certain type of permitted use.

How to get out of SNT and what it threatens in 2020

What is the procedure for carrying out this project. Can they just leave SNT, become free gardeners and, in accordance with the law, three gardeners can already organize SNT, organize a new SNT with their own mouth, etc. Good day! You can submit an application addressed to the chairman of the SNT to resign from the membership. To register your own SNT, you need to prepare a decision of the participants, the charter of the partnership, pay the state fee, and register the organization with the tax office. Gardeners can leave the SNT members, and theoretically they can also create a new SNT. However, a controversial issue arises in public areas - roads, gas supply, electricity, etc.

How to get out of SNT and what does it mean in 2020?

The question is usually raised about how to get out of SNT for electricity. Indeed, in practice this option is possible, but provided that there is a technical possibility. You will have to go through a lengthy procedure and pay a lot of money, but you will never depend on the decisions of the SNT.

The new law (Article 26) introduced the responsibilities of municipalities to develop their municipal and investment programs to support gardening and vegetable farming, providing, in addition to educational work to popularize gardening and vegetable gardening or the introduction of special units involved in the implementation of regional and municipal policies to support gardening and vegetable farming, the decision such very important tasks as:

• garden plot of land - one that is intended for recreation of citizens and (or) cultivation by citizens for their own needs of agricultural crops with the right to place garden houses, residential buildings, outbuildings and garages
• garden house - a building for seasonal use, intended to satisfy citizens' household and other needs related to their temporary stay in such a building (garden houses can be built without any permits or approvals)
• residential building (individual housing construction facility) - in the case when land plots are included in the territorial zones provided for by the rules of land use and development, in relation to which town planning regulations have been approved, providing for the possibility of such construction (Article 23 of the new law with accompanying explanations), in this case: under a residential building is understood as a separate building with a number of above-ground floors of no more than 3, a height of no more than 20 m, which consists of rooms and premises for auxiliary use, intended to satisfy citizens' household and other needs related to their residence in such a building, and is not intended for division into independent real estate objects
• from 08/03/2020, it is not necessary to obtain permission for the construction or reconstruction of an individual residential building, but to carry out construction it is necessary to notify the local administration about the planned construction of a residential or garden house by registered mail, through the government services portal or through the MFC, indicating in your notification those information that is listed in paragraph 1 of Article 51.1 of the Town Planning Code of the Russian Federation - the notification procedure for the construction of residential buildings is established by the Federal Law "On amendments to the Town Planning Code of the Russian Federation and certain legislative acts of the Russian Federation" No. 340-FZ dated 08/03/2020 - in other words, if earlier for residential or country houses built on dacha or garden plots, no permits were required to register ownership, then with the innovation for such objects it is also necessary to send notifications about the beginning and completion of construction, that is, such houses must meet the requirements, like the objects Individual housing construction (until March 1, 2020, property registration for such houses is allowed without sending notifications about the start and completion of construction)
• within no later than 1 month from the date of completion of construction or reconstruction of an individual housing construction project or garden house, the developer must submit a notification to the local government body about the completion of construction or reconstruction (Article 16 of the Federal Law No. 340-FZ, as well as parts 16–21 of Article 55 of the Town Planning Code Code of the Russian Federation)

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What is allowed to build on garden and vegetable plots?

The new law excludes such a legal organizational form of citizens’ associations as a “dacha non-profit partnership”, in connection with which the Land, Town Planning, Water, Civil, Housing Codes of the Russian Federation, the federal laws “On Subsoil”, “On Non-Profit Associations”, “On general principles of organizing local self-government in the Russian Federation”, “On state registration of real estate”, “On mortgage (pledge of real estate)”, “On specially protected natural areas”, “On agricultural cooperation” and a number of other laws have already been introduced and will be introduced Below are the corresponding changes.

In addition, the partnership has the right to collect membership fees no more than once a month. In this case, payment is made strictly by bank transfer to a bank account specially opened for the partnership (the banking institution must be selected by voting). It is also necessary to appoint a person responsible for maintaining the account and representing the interests of the partnership in a banking institution. All manipulations with the preparation of statutory documents and accounts must be completed before the end of December 2020!

In view of the change in the form of association, legal status and name, SNT participants will need to adjust the basic documents of the constituent type in 2020. In particular, the Charter of the Partnership requires proofreading, to which the following amendments must be made:

SNT in 2020: charter, new law

The changes could not ignore the financial aspect of the life of the partnerships. The new Law retains only two forms of monetary transactions: targeted and membership fees. The right of SNT to collect funds once per calendar month has been normatively approved. Making financial investments is permitted only by wire transfer to a special current account opened in a financial organization chosen by SNT members in a vote. In 2020, it is allowed to work with any bank that has Russian registration.

The general meeting of members of the partnership can elect authorized persons - persons who will also meet to make management and other decisions. A meeting of authorized representatives is equivalent to a meeting of all participants.

Usually, on all organizational issues, members of the partnership turn to the chairman (his deputy), since the responsibilities of this official include receiving SNT participants and responding to their applications, as well as maintaining a register of members of the partnership.