Many car owners use garages located in a garage cooperative. But often citizens are dissatisfied with the actions of founders who violate legal requirements or change the charter without warning the participants. Therefore, citizens need to leave this cooperative. But the process must take into account some rules, otherwise you may lose your right to a garage.
Additionally, exclusion from the cooperative may be forced if a participant, for various reasons, violates the requirements of the constituent documentation.
Forced exclusion
This is only possible for good reasons. These include:
- refusal to comply with the conditions specified in the charter of the cooperative, and they must include fire safety, making mandatory payments or maintaining property;
- transmission to the accounting department of the organization of knowingly false or unreliable information regarding the appearance or condition of the garage;
- causing harm, which usually consists of the absence of obligatory payments or the commission of other actions provided for by the statutes.
Information!
Under such conditions, the citizen is excluded from the association unilaterally, although he can challenge the decision in court.
How to leave a garage cooperative if you own the garage
Over time, every motorist who has a GSK membership faces certain problems regarding his property. Registering a garage as a property in a garage cooperative is not a simple procedure. Because it is considered yours as long as you enter the cooperative and are its member. To privatize a garage, you will need to spend a lot of effort and time; you need to register with the BTI and obtain a technical passport. And in the future, the privatization of land.
The garage is real property, therefore all civil law rules governing property rights are applicable to it. The procedure for registering ownership of a garage varies slightly depending on whether the garage is an individual building or part of a garage-building cooperative . Among other things, it should be borne in mind that the ownership of the garage structure and the ownership of the land under the garage exist independently of each other. The acquisition of one right does not automatically create a second right. They can be obtained both simultaneously and separately.
The process of leaving the Civil Code
The procedure depends on whether leaving the cooperative is voluntary or forced. The work of any Civil Code is regulated by the provisions of the Civil Code, Federal Law No. 99 , as well as the charter drawn up during the formation of the association.
At will
If a citizen independently wants to leave the Civil Code because he is dissatisfied with the actions taken by the owners of the association, then he can leave this institution at any time.
But first, the terms of the charter are carefully studied in order to identify all the requirements under which a painless termination of cooperation is permitted.
The procedure for exiting the Civil Code is divided into stages:
- the share is paid in full so that the rights to the garage are transferred to the citizen;
- ownership of the property is registered in Rosreestr, for which title documentation is presented, represented by an agreement drawn up with the cooperative, as well as a certificate of repayment of the debt for the garage;
- an application is drawn up for the head of the Civil Code, which is submitted to a representative of the organization;
- a meeting is held at which the conditions for the withdrawal of one participant from the Civil Code are agreed upon;
- if there are no obstacles or difficulties, then an application is submitted to the BTI, on the basis of which a survey of the area located next to the garage is carried out.
Attention!
Based on Art. 622 of the Civil Code, subtenants must return plots of land in their original form, therefore, in some cases, garages are demolished and citizens lose their property, so it is necessary to carefully study the charter before signing the contract.
If the municipality or representatives of the Civil Code do not agree to the provision of the site and property, then a lawsuit is filed in court. It is advisable to invite a lawyer to conduct the proceedings. If a member of the Civil Code dies, his heir takes his place.
Forced exit
Citizens often leave the Civil Code forcibly, for which the owners of the association independently decide to terminate cooperation. To do this, a general meeting is held at which evidence of violations on the part of the participant is examined. The most common reason is that payment has not been made within 6 months of the due date.
Information!
Citizens who are forcibly expelled from a cooperative submit an application for refusal to join this organization. At the same time, all debts and penalties, if they were accrued, are returned within a year.
What is a share contribution
When a cooperative is created by several of its participants, all of it, including potential property, is divided into equal shares belonging to these participants. This property is called a share.
It is directly involved in the construction and subsequent maintenance of the organization’s activities.
The contribution itself can be either a one-time payment or a regular payment by anyone wishing to join the established cooperative. This may include persons who already have a plot of land for construction or a built garage that has been inherited.
Features of share contributions:
- Membership in a cooperative confirms the corresponding share of its participant and the right to part of the property.
- Under the GSK, part of the share amount can be contributed immediately, and the rest within 1 year after its establishment.
- Membership fees exceeding the size of the mandatory minimum share may become the property of the person who contributed it with his personal consent.
- The mandatory entry fee may either increase or decrease. Moreover, regardless of what changes were made, creditors must be notified of these changes within 1 month after their adoption.
Also, the cooperative may provide for targeted and membership fees, which are aimed directly at maintaining the viability of the legal entity. This can also include expenses such as property maintenance, employee salaries and others.
Consequences of leaving
The consequences depend on whether the citizen leaves the cooperative independently or forcibly. In the first case, citizens face the following negative results:
- forced conclusion of an agreement for the provision of services through the court, for example, if garages are guarded by a watchman, snow is regularly removed or lighting is available;
- annual payment of property tax, as the citizen becomes the owner;
- cessation of services, so the owner will have to independently take care of his property, protecting and repairing it.
Warning
If a citizen is forcibly expelled from the Civil Code, he can appeal directly to the members of the association or file a lawsuit in court. If a person agrees with this decision, then the previously paid share is returned to him, minus the debt and fines.
Is it possible to leave a garage cooperative if the garage is owned?
Fiorent 27 Oct 2012 I don’t use this garage, but I can’t sell it either: garages are not in demand in this GSK, although about 20 garages in GSK are sold at bargain prices, much lower than even cost. The problem is this: every year you have to pay large membership fees to the GSK: maintenance of security, salaries of the chairman, accountant, snow removal in winter, etc.
If your garage is in an open field and there is no one within a radius of 1 km, then use it yourself and shit yourself. But your property is located in a mass of buildings, and therefore you shit at home, and pay the money in silence, if you are so stupid. Everything is new, this is a well-forgotten new.
What documents are needed?
Information!
If a person wishes to independently leave the GC, then he draws up an application addressed to the owner. To do this, the requirements specified in the charter are taken into account. The application is accompanied by a membership book, receipts for payment of utility bills for 5 years, as well as payment documents confirming the payment of the share.
The statement provides the following information:
- personal information provided by full name, date of birth and passport details;
- request to be excluded from the cooperative at your own request;
- information that the person has paid the entire share and undertakes to repay debts, if any;
- At the end there is a signature and date of formation.
If a citizen is excluded from the Civil Code, he still draws up a statement. It indicates the need for exclusion from the association. Additionally, information is provided that the applicant does not have any claims or demands against the cooperative.
How to leave a garage cooperative and own land
It is necessary to analyze in what territory construction can begin. With a land allocation project, you can contact the local administration to obtain a plot. The chairman is responsible for: At regular general meetings, the budget, the amount of membership fees are approved, the chairman, accountant, and audit commission are elected.
- These include metal structures, which, in the event of demolition, can simply be transported to another location. This includes, for example, the well-known “shells”.
- As for those cooperative garages that cannot be moved, they need to be registered.
How to write a letter of resignation from a cooperative
The application form is provided for by the company's charter. If it is not there, the standard one is used.
Popular materials:
- Does leasing require a license?
Licensing of leasing activities Leasing activities are subject to licensing. One of the types of lease is leasing. It has its own characteristics that... - Application for the issuance of a writ of execution A writ of execution serves as documentary evidence of the results of the trial. Based on this, the plaintiff can count on...
- Statement of claim to challenge paternity Khoroshevsky District Court of MoscowAddress: 123154, Moscow, st. Tukhachevskogo, 25 Plaintiff: Ivanov Valery AnatolyevichAddress:...
Reasons and goals for leaving the GSK
The reasons or incentives for leaving the GSK can be very different, but the main ones look like this:
- the person no longer has a car, doesn’t store anything in the box or visit it, and doesn’t want to pay a lot of money to the management of GSK;
- a member of the cooperative did not have a good relationship with the chairman and accountant (a conflict occurred);
- trust in the management of the cooperative has been lost, etc.
It happens that it is not possible to sell a box if there is no demand in the area where GSK is located, and the price does not correspond to the real price of the object.
Leave SNT
47. I have not been a member of the SNT “individual” for more than a quarter of a century. In SNT, apart from roads to the sites and electrical networks, there is almost nothing: no gas, no water supply (at least for irrigation), no playground, no equipped place for garbage collection, no watchmen. There is not even a fence enclosing the territory of SNT. But they demand to pay for non-existent infrastructure. The court, without delving into the essence of the case, sided with SNT. The bailiffs demanded money from me (my pension is my only income). But I don't intend to put up with this. Moreover, I only use the entrance road and am ready to pay for its maintenance under a contract on a general basis. As a consumer, shouldn’t I have to pay for services that were not provided to me? How to get out of this “deadlock”? How to draw up a contract correctly?
5.2. Property Tax – A home is a burden of ownership. The owner is required to pay property taxes. If you are in SNT, you must also pay land tax. You don't pay anything to the chairman. Membership fees include many components that allow the partnership to exist. In particular, the membership fees include the land tax paid by the partnership for public lands (roads, land under a well, etc.). Your plot is not included in public lands and you pay the tax for your plot yourself. In terms of leaving the SNT members. You have the right to do that. But parts 3, 4 and 5 of Article 5 of Law 217-FZ oblige you to pay an annual fee to SNT in an amount equal to the amount of membership and target fees.
We recommend reading: Benefits for Young Teachers Bryansk Region
Is it possible to leave a garage cooperative if you own the garage?
- With the “divisibility” of land , each member of the cooperative will be able to purchase their own plot of land.
- If there is indivisibility, the members of the cooperative must get together and decide together how to live further. That is, rent the land or buy it at the total cost. At the time of the meeting, each owner of the garage must have ownership of it. The decision of the meeting (with the signatures of the secretary and chairman!) must be recorded, after which the authorized person (a member of the representative office of the cooperative) draws up a joint application for the purchase of shared ownership of the land, indicating the names of all members of the cooperative (with their signatures!).
Not all garage owners today can boast of any title documents other than a membership card. Of course, it would be logical to assume that (according to the above article of the Civil Code) you can get by with a membership book, but, alas, without a certificate obtained after state registration , the right of a garage owner is only possession and use.
