Pros and cons of a dacha consumer cooperative

Home / Real estate / Land / Categories of land plots / Individual housing construction / How to transfer land to individual housing construction?

Back

Published: 11/16/2017

Reading time: 15 min

0

91

Land plots are divided into categories and types of permitted use. Depending on these types of land, they perform slightly different functions.

  • Common types of land plots
  • Comparative land analysis

Land property comes at the disposal of the owners to the extent that land legislation allows variations in its use. Therefore, the acquisition of a land plot (LP) should be based on planning the goals that motivate the purchase of land real estate.

How does SNT differ from SPK

Last year, a new law on gardeners was adopted; it will come into full force on January 1 of this year. But reforms have already begun in many SNTs. Features of dacha non-profit associations: in which village is it better to buy a plot? I found a seemingly tasty option in the agricultural cooperative: a small community, with 16 plots, between two rivers, quiet, forest, fishing, hunting, road nearby. In the property, there is information on the site in the Rosreestr. The price seems normal. How can I check whether the cooperative has debts and whether I will have to pay part of them in the future?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the numbers provided on the website. It's fast and free!

The main differences between these associations are the legal regime of common property, as well as the responsibility of members for the obligations of a legal entity. Main features of partnerships In a partnership, common property acquired or created by such a partnership at the expense of targeted contributions is the joint property of its members.

Nuances of designing a summer cottage

In order to correctly prepare all documents for a land plot, you need to take into account some points:

  1. The plot must be registered in the cadastral register;
  2. All documents are drawn up in the presence of a membership book and minutes of the meeting of members of the partnership;
  3. You can only purchase a completed and registered allotment;
  4. The transfer of the plot is free of charge;
  5. The boundary plan must be certified by the relevant authorities.

What is the difference between DNT and DNP

DNT and DNP (dacha non-profit partnership) are very similar in form of organization. Meanwhile, they have significant differences related to the design of plots:

  1. A mandatory condition for using a plot in the DNT is the development of the territory within three years and the construction of a private house; there are no restrictions in the DNT;
  2. Common land in a partnership is owned by the organization, while land acquired through targeted contributions to the partnership is the joint property of all its participants.

At the same time, DNPs have a more advantageous location and are closer to infrastructure facilities. You can get to the plots by public transport, while DNT rent buses to transport people between the plots and the village.

How is it different from SNT

The form of government in both organizations is the same. The difference between DNT and SNT lies in the purpose of using the site. If in DNT this is, first of all, the construction of country cottages, then in SNT gardening and vegetable gardening come to the fore. Gardening partnerships are located in places with more fertile soils. This fact may affect the cadastral value of the plot, and therefore, a higher land tax is possible in SNT.

IMPORTANT! Unlike DNT, it is almost impossible to register in SNT.

It will not be possible to build a cottage for moving from the city on a plot purchased in SNT. This plot of land is suitable for people who want to engage in personal farming in the summer.

Differences between SPK and SNT

Last year, a new law on gardeners was adopted; it will come into full force on January 1 of this year. But reforms have already begun in many SNTs. Features of dacha non-profit associations: in which village is it better to buy a plot? I found a seemingly tasty option in the agricultural cooperative: a small community, with 16 plots, between two rivers, quiet, forest, fishing, hunting, road nearby. In the property, there is information on the site in the Rosreestr. The price seems normal.

How can I check whether the cooperative has debts and whether I will have to pay part of them in the future? In general, what are the pitfalls of purchasing from an SEC? Or is it better not to buy a plot from the SEC at all?

If such serious fears of mine are in vain, then what kind of “pitfalls” might there be for purchasing a plot in the SEC? The advantages are clear. But there are also disadvantages: a lot of people and no nature. Well, why: the outskirts of a small town or village, quite good, and nature and civilization are not far away.

Another question, taking into account the fact that this is a cooperative: if it suddenly turns out that it has a lot of debts, will I, as the owner, have to pay for these debts of the cooperative, for example.

You can post now and register later. If you have an account, log in to write on your behalf. Note: Your post will require moderator approval before it will be visible. Paste as plain text. A maximum of 75 emoji are allowed. Display as link. Clear editor. Upload or paste images from the link.

There are no users viewing this page. Other Search in. Featured posts. Published: May 23 Good afternoon. There is only one fact that confuses us - this is a joint venture company, and a relatively recently created one. I have never dealt with cooperatives before. On one of the sites I found the following information: Members of the cooperative, on the contrary, are obliged to annually cover the resulting losses by making additional payments. Category: Agricultural land Permitted use According to the classifier code: According to the classifier description: For gardening and horticulture by citizens According to the document: For gardening and dacha construction Status: Registered Address: region.

Lesnaya, 1 Specified area: 1 Form of ownership: No data Date of registration: Share message Link to message Share on other sites.

In terms of fees, it makes no difference. Published: May 26 I'm leaning towards this SPK. Published: June 14 A message can contain no more than 2 pictures. Join the conversation You can post now and register later. Reply to topic Image via link. Go to the list of topics. Log in registration. Login via uID Old login form. I have forgotten the password. Registration. Reputation: 0 Status: Offline. Login via uID Old login form E-mail:[ ].

How to create different types of non-profit organizations St. Petersburg, Ligovsky Prospekt, 52A Metro: metro station Ploshchad Vosstaniya, Ligovsky Prospekt. E-mail: p yandex.

Switch to English registration. Phone or email. According to Russian legislation, several types of land plots are distinguished according to their purpose - for example, agricultural land, settlement land, land intended for the location of industrial facilities.

The category of a lot determines in what ways the owner is allowed to use it. Features of SNT in 2020. Topic in the section “Legal regulation of the activities of associations”, created by the user mapadona, Search only in titles User messages: Separate the names of participants with a comma. Newer than: Search this topic only Search this section only Display results as topics. Quick search. The management of a country village can be carried out using the services of a management company or through an association created by the owners of the land plots themselves.

How do membership fees in SNT differ from target fees and are they legal? Let's explain!

June 4 The chairman of the regional branch of the Union of Gardeners of Russia, Elena Khramtsova, answers the questions. - Previously, when joining the SNT, we paid an entrance fee.

How is this issue being resolved now?—According to Federal Law No. 217

“On the conduct of gardening and vegetable gardening by citizens for their own needs”

contributions of members of the partnership can be of two types: 1) membership fees; 2) targeted contributions. Entry fees into the gardening and vegetable farming partnership have been abolished. Entry fees paid before the new Federal Law came into force, namely until July 20, 2020, are not refunded to citizens. The obligation to make membership and target fees applies to all members of the partnership.

The charter of a gardening or vegetable farming partnership must provide for:• the procedure for paying membership dues to the current account of the partnership;• frequency (no more than once a month);• the deadline for making membership dues.— What is the difference between membership and target contributions?— Targeted are one-time payments that cover the irregular expenses of a gardening non-profit partnership. For example, for road construction, repair of a transformer substation, gasification.

The amount and deadline for making such a contribution are determined by the decision of the general meeting of members of the partnership. And membership fees are spent on regular expenses of the partnership: maintaining the road in satisfactory condition, salaries for janitors, watchmen, paying for street lighting, etc. The procedure for paying such contributions is established by the charter of the partnership. In cases provided for by the charter of the partnership, the amount of contributions may differ for individual dacha owners. e. The procedure for paying such contributions is established by the charter of the partnership. In cases provided for by the charter of the partnership, the amount of contributions may differ for individual dacha owners. In the calculations, only two parameters are allowed to be taken into account: the area of ​​the plot and (or) the total area of ​​​​real estate objects located on it. In almost any SNT there are several summer residents who have land plots of a significantly larger area (for example, they have 24 acres, and the rest citizens 6 acres each).

In addition, in such areas, as a rule, several real estate objects are located. These gardeners will consume more resources, use roads more often, produce more solid waste, etc.

d. In case of untimely payment of contributions, Part 9 of Article 14 of Law No. 217-FZ determines that the charter of the partnership may establish the procedure for collecting and the amount of penalties. - Should those who are not members of the SNT pay contributions, but their site is located either on the territory partnership, or next to it? - Any citizen has the right, at his own request, to terminate his membership in a gardening or vegetable farming partnership, while remaining the owner of a land plot located within the boundaries of the SNT.

Popularly, such summer residents are called individuals. They are required to pay fees for the acquisition and maintenance of common property, current and major repairs of capital construction projects related to common property, and for the services and work of the management partnership.

Popularly, such summer residents are called individuals. They are required to pay fees for the acquisition and maintenance of common property, current and major repairs of capital construction projects related to common property, and for the services and work of the management partnership.

And here it is important to take into account that the creation of infrastructure in SNT increases the market value of a land plot owned by a citizen. Individuals have the right to take part in the general meeting of SNT members, as well as vote on issues related to the acquisition and use of common property of the partnership. — Is the information about it correct? that now membership fees must be transferred exclusively to the current account of the partnership?—Law No. 217-FZ provides for the obligation to make contributions exclusively to the current account of the partnership.

There is no other method of collecting money. Collecting funds, storing them on the territory of the partnership (in the board building, in the chairman’s house) and recording on paper of an unspecified type (notebooks, notepads, etc.) are improper management of cash transactions.— Does does the SNT board have the right to assign additional contributions without holding a general meeting?— No, it does not. Such decisions are made only by a general meeting or a meeting of authorized representatives, if this is in the charter of your SNT.— The SNT board has entered into an agreement with a security company.

I am against these services; I think that the work will be formal.

Can I refuse to pay fees for the protection of sites? - Decisions of the board of a horticultural, gardening or dacha non-profit association are binding on all members of such an association. Thus, failure to fulfill obligations to pay for the contract is fraught with the formation of debt for you.

Features of dacha non-profit associations: in which village is it better to buy a plot?

Transfer a plot from SNT to private housing construction If a member of SNT has violated any laws, for example, thrown out garden waste in the wrong place, then the fine will be paid jointly by the entire partnership. At the same time, members of these communities are not responsible for third-party obligations of SNT, and the gardening association is not responsible for the promises of its members. Gardeners' forum Your Garden By the way, it is not at all necessary to include the abbreviation TSN in the name; it is important to indicate the variety and name. We are building houses on SNT land - how to register them?

Spk or snt which is better

Taxes must be paid by December 2.

Students who successfully complete the program are issued certificates of the established form.

Owned plot, certificate from the Registration Chamber. WATCH THE VIDEO ON THE TOPIC: SNT, DNP or individual housing construction, which is better?

By the way, it is not at all necessary to include the abbreviation TSN in the name; it is important to indicate the variety and name.

We are building houses on SNT land - how to register them?

There is a problem like this: I am the owner of a plot registered on SNT, let’s call it “F”, but in fact it is located on the territory of the neighboring partnership SPK “R”.

There are 7 such areas in total.

What is a dacha consumer cooperative: pros and cons

Dacha cooperatives are created on the basis of membership in order to satisfy both material and other needs of all participants. Taking into account the nature of the needs, in practice they create garage, agricultural, gardening, and consumer cooperatives.

The activities of such organizations are somewhat different. Unlike all other types, a dacha cooperative differs from others in that here activities are carried out by all participants and even those who do not have labor participation responsibilities.

Between two lights (SNT or SPK)

A legal entity acts on the basis of a charter, or a constituent agreement and charter, or only a constituent agreement. A legal entity created in accordance with this Code by one founder acts on the basis of a charter approved by this founder.

The charter of a horticultural, gardening or dacha consumer cooperative must indicate the responsibility of the members of such a cooperative for its debts. The liquidation of a dacha consumer cooperative is carried out by decision of the general meeting of members.

Also see:

  • Invests up to $4 million at the seed stage, taking a share of 20-35%; at the take-off stage, up to $15 million and 15-30%, respectively. Invests at the seed stage up to $4 million, taking a share of 20-35%; at the take-off stage, up to $15 million and 15-30%, respectively. The fund considers about 350 applications from Russia per year, but invests in
  • Belarus and China have achieved the most trusting relations {amp}amp;#8212; Lukashenko Belarus and China celebrate 25 years since the establishment of diplomatic relations Belarus News. Friendship for a quarter of a century. Diplomatic relations between Belarus and China are 25 years old. During this time
  • Borsellino - buy in Moscow and the regions If you like to wear high-quality Italian shoes, then be sure to pay attention to the R{amp}amp;RENZI collections in the catalog of the Shoes{amp}amp;Bags online store. Shoes are a female fetish that

We invite you to read: The country house has been converted into residential premises

What is a dacha consumer cooperative?

A dacha consumer cooperative is an organization that is established voluntarily by citizens . She assists all participants, helping to solve complex social problems of gardening and horticulture.

According to the civil legislation of the Russian Federation, namely according to Article 11 b of the Civil Code of the Russian Federation, this is a voluntary union of people and legal entities on the basis of membership. Their main goal is to meet all the needs of the members, which is accomplished through the pooling of contributions.

Article 11 of the Civil Code of the Russian Federation. Judicial protection of civil rights

  1. The protection of violated or disputed civil rights is carried out in accordance with the jurisdiction of cases established by procedural legislation by a court, arbitration court or arbitration tribunal (hereinafter referred to as the court).
  2. Protection of civil rights administratively is carried out only in cases provided for by law. A decision made administratively may be challenged in court.

The dacha cooperative is a non-profit organization. In addition to information and mandatory statutes, it also contains conditions on contributions, their composition and responsibility for violation. All decisions are made unanimously .

After the annual balance sheet is approved, members of the PC must cover the losses that were incurred in this way. If such obligations are not fulfilled, the cooperative may be removed according to the requirements of creditors. As for rights and obligations, they are determined according to the laws of the Russian Federation on dacha cooperatives.

Stages of Reorganization of the Consumer Horticultural Cooperative in 2020

Members of a dacha consumer cooperative can be citizens of the Russian Federation who have reached the age of sixteen and have land plots within the boundaries of such a cooperative.
The location of a dacha consumer cooperative is determined by the place of its state registration. A dacha consumer cooperative, as a non-profit organization, has the right to carry out business activities consistent with the goals of its creation. You have the right to leave the cooperative. This guarantees you Art. 30 of the Constitution of the Russian Federation, as well as Article 8 of the law \"On gardening, gardening, dacha and other non-profit associations of citizens\". However, in accordance with the same law, when leaving the cooperative, you are required to enter into an agreement on the procedure for using security services, roads, other public engineering structures, etc. and, accordingly, making payments for this.

Advantages and disadvantages

The advantage of such organizations is that all profits are distributed among the participants, taking into account labor contributions and their size . If a person contributes a lot to the cooperative, he receives the greatest benefit.

When a cooperative is liquidated, property between members is often distributed along with labor contributions. It may be aimed at satisfying the requirements of creditors. Thus, all members have an incentive to work conscientiously and contribute to the cooperative's activities.

As for the disadvantages, it is worth noting the difficulty in creating such an organization. As mentioned earlier, the composition should include 15 individuals and 5 legal entities. All members must take an active role in the organization, and some may find this uninteresting and tedious.

How unusual is it to ask a girl to marry me?

I jumped with a parachute right over the dacha cooperative where she and her friends were having a barbecue....came down from the sky....got down on my knee, looked at her....said the right words, and she agreed....maybe it will help, go for it;)

Well, hide the ring in some kind of cake and give it to her, she will feel the ring and at that moment you will say the words

Remember: everything ingenious is simple

It will be very romantic if you do this at the place where you met... And the main thing is that it should be unexpected...

On New Year's night! When the chimes strike, when everyone is shouting hurray! Definitely not expected. My young man works at night, and in the morning he brings me all sorts of goodies, I would like him to wake up the sword not with some goodies, but with a small box, or with a ring on his finger

Fuck this yoke

KDP as a legal entity

A legal entity conducts its activities according to the charter or in accordance with the constituent agreement. A person created under the code acts on the basis of a charter, which is approved by the founder. The charter of a dacha association specifies the responsibilities of legal entities.

What documents accompany the activity?

The cooperative has such documentation:

  • Agreement on the establishment of an organization.
  • Charter with all additions and changes.
  • Documents that confirm the cooperative's right to property.
  • Internal papers.
  • Accounting reports.
  • Minutes of meetings and sessions of the commission.
  • Conclusions from state and municipal control bodies.
  • Documents required by the law of the Russian Federation.

Comparison with a horticultural organization

Let's look at each of them separately. The gardening partnership has the following characteristic features:

  • Property that was purchased with the help of contributions from members of the partnership is the property of the organization.
  • Everyone who is a member of such an organization does not meet its obligations.
  • The partnership has the right not to satisfy the demands of everyone who is part of it.

Gardening partnership has the following features:

  • Property purchased at the expense of participants is considered their property. Legal entities also have the right to dispose of it.
  • Members of the gardening partnership do not meet its obligations.
  • The partnership does not meet the requirements of the participants.

The dacha organization is distinguished by the following features:

  • Property that was purchased with the money of the members of the partnership can be used for their purposes.
  • All members of such a cooperative must cover losses by contributing additional funds.
  • Members of the dacha association bear full responsibility for all actions, and if necessary, they pay contributions in equal amounts from each member of the community.

How is it different from other types?

It is assumed that a dacha cooperative involves the construction of houses and their registration as property , while with other types only the development of a vegetable garden is possible, and the construction of houses plays far from the main role.

It is worth noting that the law does not have clear distinctions. Registration on the territory of such organizations is excluded, but some changes will come into force in the future. You cannot register at dacha and garden cooperatives, but in a gardening partnership everyone will soon have such an opportunity.

Main stages of liquidation of a cooperative

Liquidation of a cooperative means termination of the association's activities, while rights and obligations are not transferred to other persons. The basis for this procedure may be a decision of a meeting of authorized members, a court decision in cases of violations of legislation or licensing, in a situation of bankruptcy and other situations provided for by law.

  1. Notification of the registration authority about the start of the procedure.
  2. At the general meeting of the association's participants, a commission or liquidators responsible for further steps are appointed. The minutes of the meeting contain information about the liquidation commission, its powers to manage the affairs of the association and represent it in court.
  3. Placing information about the intention to liquidate the association in the print media responsible for publishing data on state registration of organizations. The message indicates the deadline and rules for accepting claims for payments. The minimum period for receiving requirements is two months after the publication of official information.
  4. Collection of data on financial obligations, collection of current accounts receivable, written notification of financially interested persons and organizations about the upcoming liquidation of the association.
  5. Drawing up an interim balance sheet indicating what property the association owns, as well as a list of financial obligations and the results of consideration of creditors' claims.
  6. Approval of the interim balance sheet at the general meeting of the cooperative or by the body that made the decision on liquidation, obtaining approval from the audit union.
  7. Repayment by members of the association of mandatory contributions on shares within the established time limits.
  8. If the association does not have sufficient funds or property to fully repay its obligations, members of the organization contribute additional amounts, the amount of which is determined by the charter.
  9. During the process of liquidation of an association, it is not allowed to increase the limits of subsidiary liability and increase the amount of mandatory contribution on shares.
  10. If the funds available to the association are not sufficient for final settlement with creditors, the property is put up for sale at public auction.

We recommend reading: What documents are needed to apply for alimony if you are not married?

Becoming a community member

Persons who have reached the age of 18 can become members of the cooperative. The law provides for the opportunity for legal entities to become participants. Before joining the community, you must submit a written application and pay an entry fee. It is established by statute.

Whether or not to admit a person to a cooperative is approved by a general meeting at which all participants are present. It is important to separately talk about those who are already members of the organization. Such persons have the right to vote at meetings , since they are rightfully accepted into the community.

Form of government

In organizations of this type, a chairman and a board are elected - the management team of the dacha cooperative. The owners of the plots who make contributions are considered members of the partnership.

Decisions on various issues are made by cooperative members at general meetings, which are recorded in the minutes. DNT as a legal entity has financial resources generated from entrance and membership fees. Property can be considered either to belong to the dacha partnership or to be the joint property of the participants.

Horticultural consumer cooperative, unlike SNT

The management of a holiday or cottage community is often entrusted to partnerships created by the residents themselves. Of course, making all decisions by the community of summer residents is not an easy task, but all accounting is transparent and you can control how the money contributed by residents was actually spent (the problem of control usually arises when working with a management company).

Which option should you prefer when organizing such management or choosing a village with an already established system?

The familiar abbreviations SNT, DNT, DNP differ from each other in the organizational and legal form (partnership, partnerships, etc.) and the purposes of creation (for gardening, horticulture, etc.)

Forms of legal entity

Associations of citizens in dacha and garden plots can exist in the form of partnerships, partnerships or cooperatives. These are independent legal entities - non-profit organizations that have property and money on their balance sheet and are independently responsible for their debts.

The main differences between the different forms lie in the regime of property managed by a given legal entity.

In a cooperative, funds are formed from the entrance and share contributions of its members, and shares in the mutual fund (something like the “authorized capital” of cooperatives) are not allocated to shareholders. When leaving the cooperative or the death of a shareholder, the entry fee is not returned, but the share payment is paid to the shareholder or, accordingly, to the heirs. Heirs will not be able to participate in general meetings if they have not independently become members of the cooperative.

In a partnership, contributions can be entrance and membership, from which the property of the partnership itself is formed, as well as targeted (the property acquired with them is owned by the partners in common joint ownership, i.e., without the allocation of shares, even ideal ones). In addition, the partnership owns property purchased with income from its business activities.

In a partnership, all property acquired with the contributions of the participants is the property of the partnership.

The main issues in all of the listed legal entities are decided by the general meeting: this is the election of the board, the purchase of a common land plot, changes made to the Charter, approval of expenses and income for a certain period. Current issues are dealt with by the executive body (chairman or board).

It is necessary to take into account that the laws on gardening and vegetable gardening associations, on consumer cooperation, regulating the activities of the above legal entities do not provide for all the details. Issues such as the size of shares and the procedure for their contribution, the choice of an organization’s management system, each SNT or DNP decides independently, providing for the corresponding rules in its Charter.

Horticultural cooperative

Advice from lawyers:

1. In the gardening cooperative, sleep is forced to connect meters, is this legal?

1.1. Hello, in your situation, if the meters are outside the house, then this is illegal.

Did the answer help you?YesNo

Consultation on your issue

8

Calls from landlines and mobiles are free throughout Russia

2. Can non-members of the SNT be the chairman or treasurer of the cooperative.

2.1. No, the chairman is elected from among the members of the board, and they must be members of the partnership, Article 19 Federal Law of July 29, 2017 N 217-FZ (as amended on August 3, 2018) “On gardening and vegetable gardening by citizens for their own needs and on amendments into certain legislative acts of the Russian Federation"

Did the answer help you?YesNo

3. Why should I pay SNT membership fees if I left the cooperative?

3.1. No, we don't have to. That is, SNT can conclude an agreement with you for the supply of water, electricity, and security.

Did the answer help you?YesNo

4. I want to resign from the position of chairman of the horticultural consumer cooperative; the term of office has not yet expired! What actions do I need to take?

4.1. Convene an extraordinary meeting of members of the cooperative and raise the issue of early re-election of the board if the votes are more than 50%, draw up a protocol and submit it to the Unified State Register of Legal Entities.

Did the answer help you?YesNo

5. We have created a gas consumer cooperative in SNT. We installed gas, connected some of the houses and people are using gas. Please tell me, when selling a house, whether the rights of a member of the cooperative are transferred to the new owner, including reimbursement of the share contribution from those newly joining the cooperative. Thank you.

5.1. They must move on, and it is better to register them in the PrEP.

Did the answer help you?YesNo

6. They want to install a barrier in SNT! I am not a member of the partnership, because... They refuse me to join SNT, but the land plot on the territory of the cooperative is my property! Can my entry rights be restricted? Am I required to pay for the installation of the barrier and the remote control?

6.1. No one has the right to restrict the use of your property in any way. I recommend that you complain to the prosecutor's office about the SNT administration; in 90% of cases this is more than enough.

Did the answer help you?YesNo

7. I can’t privatize a plot in SNT. There is no free land in the cooperative due to the fact that the documents for the land were not completed. What to do?

7.1. Please clarify which documents are not completed?

Did the answer help you?YesNo

8. I have been a member of a gardening cooperative since 2002. . This is Crimea. In 2015 I bought a plot in the same cooperative. Again I have to pay entrance fees. They do not give me a single certificate from the cooperative, on the basis of non-payment of entrance fees. They demand payment. What should I do?

8.1. I assume you know the size of the entrance fees... If you don’t want to be a member of the UK, don’t pay. Because you have the right, as the owner of the site, to withdraw from the insurance company.

Did the answer help you?YesNo

9. My name is Evgeniy. The question is: How many members of a gardening cooperative can be elected to the board of this association?

9.1. To begin with, I will explain that as of January 1, 2019, the Federal Law of April 15, 1998 N 66-FZ “On horticultural, gardening and dacha non-profit associations of citizens”, which provided for the possibility of creating dacha consumer cooperatives, became invalid. Now the Federal Law of July 29, 2017 N 217-FZ (as amended on August 3, 2018) “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” is applied. In accordance with Art. 18 of this Law, the number of members of the board of the partnership cannot be less than three people and should be no more than five percent of the total number of members of the partnership.

PS Feedback on any lawyer's answers is welcome and will contribute to more answers to subsequent questions.

Did the answer help you?YesNo

10. Is concealing the testator's property from a notary a fraudulent act? Here's the thing. The wife of my late son did not include a garage in a garage cooperative and buildings on a plot of land in SNT into the inheritance. Prevents me from collecting information for the court. Can I file a police report against her for fraud? And on what basis?

10.1. Good afternoon. Perhaps the garage in the cooperative and buildings on the site are not legally available (no data in Rosreestr). Therefore, the notary will still not issue you a certificate of inheritance. You need to contact the chairmen of the SNT and the Civil Code, obtain certificates of your son’s membership, and only then formalize everything.

Did the answer help you?YesNo

11. I am the chairman of the board of a consumer gardening cooperative, in connection with the release of a new law, it is necessary to re-register with SNT, where to start, where to go?

11.1. To the territorial body of the Federal Tax Service.

Did the answer help you?YesNo

12. The chairman threatens to expel SNT from the cooperative, I only have a membership book and he does not give me a certificate stating that I joined the cooperative, on this basis we have a conflict, I have built a house and we live with small children in it.

12.1. The chairman is talking nonsense. Write a complaint against him to the prosecutor's office. Sincerely.

Did the answer help you?YesNo

13. My husband and I live and we are registered in the territory of SNT, but at the moment SNT is entering bankruptcy status due to electricity debts, and therefore the electricity has been turned off throughout the entire cooperative. What should we do and what should we do if we live on official rights and we have no more housing.

13.1. Hello, Connect electricity directly to your home. I wish you good luck and all the best!

Did the answer help you?YesNo

Consultation on your issue

8

Calls from landlines and mobiles are free throughout Russia

14. We have a horticultural consumer cooperative (gardening consumer cooperative), we live all year round. Due to the loss of work, we were unable to pay our dues and electricity on time, now the power has been turned off, one might say, without any warning, and we previously wrote a statement about the deferment, whether the SPC legally turned off our light.

14.1. Good evening! Yes, in accordance with the current legislation, SPK has the right to stop supplying electricity. Providing or not providing a deferred payment is also the right of the supplying organization.

Did the answer help you?YesNo

14.2. The cooperative is not a subject of a natural monopoly and cannot be a subject to stop the flow of electrical energy. Most likely, the cooperative does not provide its members with services for the flow of electrical energy on a reimbursable basis. You need to look at all the documents, evaluate all the circumstances and send the relevant documents. In my opinion, the shutdown is illegal.

Did the answer help you?YesNo

15. We are registered in SNT. Large families. The site is located outside of SNT. We do not use roads, security, or electricity in SNT. Please explain what we must pay to the cooperative?

15.1. You are responsible for paying all fees. On a par with others. SNT cannot provide you with benefits. You have the right to apply to social security for financial support. In case of refusal to pay the required contributions, the chairman of the board of SNT can apply to the magistrate with an application to issue a court order, according to which the debt will be collected from you for the entire period (not only for 3 years). If you lived in a comfortable apartment, you would pay utilities every month and tens of times more. In SNT, contributions are paid once a year.

Did the answer help you?YesNo

16. In our SNT, a water tower was built at the expense of gardeners. The tower on SNT is not decorated. Is it possible for the gardeners who donated money for the construction of the tower to create their own cooperative to maintain the tower and register this tower as a cooperative?

16.1. Good afternoon In this case, the water tower is the common property of the members of the partnership. By decision of the general meeting of members of the partnership (if such a right is provided for by the charter), the tower can be transferred for possession, use, or ownership to another legal entity for a fee or free of charge. The decision must not contradict the Charter of the partnership.

Did the answer help you?YesNo

17. In April 2020, the general meeting of the horticultural non-profit COOPERATIVE elected a chairman. The meeting was attended by 78 people, the list of the cooperative was 1200 people. The details have only now become known. How to remove an impostor?

17.1. Go to court and declare the minutes of the meeting invalid.

Did the answer help you?YesNo

18. Is it necessary to reorganize a horticultural consumer cooperative that wants to be just a partnership and not a production cooperative? Because 217-FZ abolished the organizational and legal norm of a consumer cooperative for gardening associations.

18.1. You are confusing something. 1. In the Federal Law you indicated there is not a word about a production cooperative. It talks about two types of partnerships: - a horticultural non-profit partnership; - gardening non-profit partnership. Choose any. 2. The form of a simple partnership cannot be applied here, since a simple partnership (joint activity) is a form of activity carried out by persons who undertake to act jointly without creating a legal entity

. 3. There is no need to carry out reorganization; it is enough to change the organizational and legal form of the partnership and send the relevant documents to the Federal Tax Service. Good luck.

Did the answer help you?YesNo

19. There is a plot in a gardening cooperative in Sevastopol, there is a Ukrainian one. act of 2010 and cadastral passport of Rosreestr of 2016. The owner is a resident of Ukraine. died in Ukraine aine, his ukr. Ain's real estate was inherited by his common-law wife in Ukraine. aine, but a certificate for a plot in Sevastopol is not given because it is impossible to obtain an extract from the Rosregistry in Ukraine. aine is not recognized. How to register ownership, i.e., gain rights to this plot? As time passes, the situation does not change.

19.1. Who are you to the deceased?

Did the answer help you?YesNo

19.2. Good afternoon. In Ukraine it is necessary to register this plot and then it will work out.

Did the answer help you?YesNo

20. In accordance with Federal Law 217, the entrance fee to SNT has been cancelled. If the organizational and legal form is a dacha consumer cooperative, is it legal to charge an entrance fee in accordance with the law on consumer cooperatives?

20.1. Legal. Only the basis for collecting a contribution will not be the law itself, but the decision taken by the participants of this cooperative regarding such a contribution.

Did the answer help you?YesNo

Is it necessary to create SNT in a former dacha cooperative? What happens if you leave it as it is?

If I am a member of the SNT, should I pay a contribution for the development of the cooperative when purchasing a second plot in the same SNT?

Can the director of a municipal organization carry out activities in a non-profit organization as the Chairman of the Rodnichok Horticultural Consumer Cooperative?

Please took the plot in SNT, the board said that the book will not be issued until I pay the fee for the development of the cooperative of 1 thousand rubles.

Our question is the gasification of SNT. At the general meeting of SNT members, a decision was made to gasify the society by creating a Consumer Cooperative.

The dacha cooperative has a debt on electricity. If a member of SNT leaves

We are members of the SNT and pay a membership fee every year. Do I need to pay a membership fee for the land?

At SNT I am involved in replacing the common overhead power line on my street, but I am not on the board.

I have not cultivated my garden plot for many years, I have an SNT book, and my membership fees have been partially paid. Can the cooperative take this plot from me?

We purchased a plot of land located within the boundaries of SNT, but is not included in the cooperative.

Am I required to pay membership fees to a gardening cooperative if I have privatized my plot and do not use the services of the cooperative?

Pros and cons of SNT, ONT, DNT and SNK, ONK, DNA, as well as SNP, ONP, SNP

At the same time, by agreement of the participants in common joint ownership - members of the partnership, shared ownership of these persons may be established on the common property. If such agreement is not reached, the Civil Code of the Russian Federation provides for a judicial procedure for determining shares. The division of common property between the participants in joint ownership, as well as the allocation of the share of one of them, can be carried out after a preliminary determination of the share of each of the participants in the right to the common property.

Share contributions are property contributions made by members of a horticultural, gardening or dacha consumer cooperative for the acquisition (creation) of common use property. Share contributions, unlike all other types of contributions, can be made not only in money, but also in other property, including property rights.

08 Aug 2020 piterurist 797

Share this post

    Related Posts
  • How to Reduce Child Support from a First Marriage
  • Procedure for creating an artificial land plot: diagram
  • How to fill out a purchase and sale agreement
  • Is it possible to laminate a child's birth certificate?

PRO new building (Moscow)

  • A credit cooperative, like others, is a non-profit organization.
  • A cooperative can be created if there are at least 15 individuals/5 legal entities among those interested. persons
  • If such a cooperative is created jointly by legal entities. and physical individuals require at least 7 in total.
  • The highest governing body will be the meeting of shareholders.
  • The CCP is similar in its activities to a mutual aid fund.
  • The cooperative attracts money from shareholders, which is allocated by providing loans to its members. The profit received from borrowers is used to pay for the deposits of shareholders.
  • The CPC cannot provide loans to persons who are its members. Also, non-participants cannot act as guarantors.
  • A credit cooperative is required to comply with certain financial standards. Thus, the maximum amount of one loan that is provided to one member cannot be more than 10% of the total amount of debt on loans already issued at the time of the decision to approve the loan (and no more than 20% in the case of a CCP operating for less than two years).

We recommend reading: Checking for encumbrances on an apartment online

A consumer cooperative is a non-profit organization, which is presented in the form of a voluntary association of citizens and legal entities. persons based on membership and aiming to satisfy material and other needs, which would be fulfilled through the pooling of contributions from the property shares of its members.

Rating
( 1 rating, average 4 out of 5 )
Did you like the article? Share with friends:
Для любых предложений по сайту: [email protected]