What are the contributions to pay in gardening?
Question: Good day! My name is Ekaterina. I have a question for you. After the death of my father - the owner of the garden plot - we reissued the documents, and now there are three owners on the plot (three shares). The chairman of horticulture says that each of us now has to pay the full amount as a full member of horticulture. But what does it turn out to be: now we will pay a triple price for our site. Previously, my father paid, for example, 1000 rubles, but now each of us has to pay 1000 rubles, but in the end it turns out for the same plot of 3000 rubles. Will there not be much for the same land? Sorry, maybe I am a little chaotic, but the essence, I think, should be clear. Tell me, how can we still pay membership fees? Thanks.
Answer: Hello Ekaterina!
Your question requires additional study of the documents of title to your site, since the possible amount of payment depends, among other things, on whether your share and the shares of your relatives are allocated as separate sites, i.e. whether they have separate certificates, their own cadastral numbers and cadastral plans with clear boundaries. To clarify your question, you also need to familiarize yourself with the charter of your SNT, where the procedure for paying membership fees should be spelled out. Ask the chairman of SNT to provide you with the charter for familiarization, perhaps then a lot will become clear. Best regards, General Director of TsYuPZ V.V.Schelokov
Of course, each specific case requires an individual approach. As there are no two completely identical plots of land, in the same way in legal practice in each case it is necessary to study all the available documents and collect the missing ones necessary for the successful resolution of the case in the courts and other instances. Therefore, we advise in any case to contact us for a free initial consultation.
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First "amnesty", then "constitution"
The main key problems for the owners of garden and vegetable gardens were:
- the presence of many forms of public organizations (partnerships with different forms of government)
- problems with the status of buildings and their legalization
- difficulties with registration
- financial activities of "bosses" - chairmen of garden cooperatives
- form and rules for managing partnerships
- the high cost of landscaping the site, primarily providing water.
Forms of management
Why will summer residents now be called "former"? The fact is that the Law on Countryside Horticultural Associations clearly defines the options for communities as an organizational and legal form of non-profit organizations. They can be created by the owners of plots allocated for gardening or horticulture. That is, in fact, we will talk about a kind of HOA, only the members will not be the owners of housing (it may not be on the site), but the owners of the land. And only 2 types of partnerships can be created:
- gardening with the right to erect non-capital buildings
- horticultural, on their territory it will be possible to build capital houses (with a foundation), receive the status of "residential" (provided that the building meets the norms of SNIPP).
In fact, at the legislative level, it was clearly established where it would be possible to legally build a house, enter it in the register (registration in the USRN) and obtain the status of a residential one with all the ensuing consequences. And in the future - to move to a different status and become a full-fledged homeowners association, which is important for cottage communities.
The problem of "self-construction" in the dachas remained unresolved for a long time. The beginning of the “dacha amnesty” was the first step towards their legalization. The simplified system has borne fruit: people were finally able to obtain documents for unauthorized development. After the entry into force of the Law on Summer Cottage Gardening Associations, the procedure will be more transparent. When constructions are erected on the territory of gardening non-commercial (ONT), they will be assigned the status of "non-residential". On the territory of horticultural non-profit organizations (SNT) - you can erect temporary buildings or build capital houses with the status of "residential". The main thing is that they have a foundation, and they comply with the norms of SNiP.
Now, starting in 2019, when buying real estate “on the ground”, it will be possible to know in advance what exactly you are buying: a residential building in which you can register, or a room that, although suitable for year-round living, is not residential according to official documents ... But there is also a "pitfall": persons living in apartments provided under a social tenancy agreement, or owning other real estate, will find themselves in a dual situation: they may terminate the contract or have to pay tax for additional real estate. Therefore, the legalization of a country house can result in additional financial costs.
This problem is very urgent: for many, the houses built on the site are the only housing. And the lack of a residence permit puts them in a difficult situation. There is no way to apply for compulsory medical insurance, register with the tax office, register in the queue for a place in kindergartens. These and other restrictions make people citizens with disabilities.
Although theoretically even now there is a possibility of obtaining the right to a residence permit, in practice it is almost impossible: you need to act through the courts, bear material costs, wait for years for a decision at all stages of registration. From January 1, 2019, after the entry into force of the Law on Horticulture and Horticulture, everything will change. It will be possible to get the desired status of housing after registering the USRN.
But, it is worth noting that this does not completely solve the issue of registration: after all, this requires that there is a specific address, belonging to a city or a specific settlement. Perhaps the legislators will think over this nuance, and will adopt additional by-laws, in which this problem will be solved as simply as possible.
The financial activities of the board will also become more transparent:
- a prerequisite will be reporting to the auditors elected at the general meeting
- all payments will be made by bank transfer, through specially opened accounts
- of all contributions, only 2 remain: for operating expenses - membership, for improving infrastructure - targeted, even entrance fees will now be illegal.
The Law on Horticultural Associations 2019 will not allow keeping the “levies” in the same volume: all expenses will be approved at the general meeting. But at the same time, those who decided not to join the owner's organization will be obliged to pay the dues in full. After all, the money will go to the maintenance of public facilities.
A very important change will take place in matters of improvement. The most important thing for doing business is water supply. At the moment, the cost of drilling individual wells is expensive (from 1,200,000 to 2,500,000 rubles is spent only on geological exploration). According to the new law on horticulture, from 2019 there will be no need to implement it, which means that water will become more accessible due to a decrease in the total cost of work.
Form of government
The organization of ONT or SNT will also be different: all key decisions will be made by the general meeting, and it will be possible to hold it in a convenient place, even remotely. Each community will have its own charter, the number of board members will depend on the number of owners and community members.
Another important point: on the territory previously allocated for a separate suburban area, it will be possible to register only one organization. Consequently, the "pulling" of members and disputes over common property and maintenance of communications will stop.
These are the key points that will change from 2019 when the horticultural law comes into force. Although, according to some experts, it needs to be adjusted, revised and adopted by-laws, it still significantly changes the situation for the better.
Power outages for non-payment of gardening fees
Not knowing the situation in your partnership. nevertheless, the phrase "the experience of fighting the chairman" was jarring.
In fact, the problem is with you. You don’t want to pay, but your husband pulls to the last. Surely this is not an isolated case, and in your SNT there are those who pull with payment - fifty percent. To a heap - they probably steal electricity, which has to be covered with money from membership fees and nothing else, because the "withdrawal" of money from the account is made by the bank without acceptance. Everything is like everywhere else. There are no cash receipts, and it is NECESSARY to serve the farm. And the threat of disconnection from the electricity of the entire SNT is also NECESSARY. Take out the garbage containers, etc. How else to convince gardeners to pay on time?
Understand that the estimate is approved at the beginning of the calendar year. And the contributions must be paid either immediately, or spread the payment over the months. After all, maintaining roads, power grids, water supply, garbage disposal, cleaning roads from snow, unscheduled repairs of barriers, transformers, etc., salaries for watchmen and much more - all this costs money. It is good if there is no article in the estimate "legal protection", that is, your SNT is not suing some former chief accountant who snatched some sums from the cash register. And it’s good if SNT is not suing some thread of the next proletarian, to whom everyone and everything is obliged simply by default. For they are also lawyers, which means money. And it’s probably just great if you don’t pay fines for a shitty driveway to a fire pond, for example.
Enter the Board. Find out the situation from the inside. And your idea that "the year is not over yet" may change.
For information, I will give an example from our SNT: the gardeners' debt on membership fees as of February 1 of this year amounted to one and a half million rubles. Plus, some of the gardeners by the same time did not pay for the electricity consumed during the summer period. Plus, during the New Year holidays, they cut electricity by half a million. And, as usual, they didn't pay. What are we doing? We sue defaulters. We win them. Little by little we are teaching gardeners that contributions to SNT must be paid as timely as making payments for utilities in our city apartments.
We take out the counters to the poles. For control. Who could not bear - the limitation of electricity consumption. Do not turn on the street lighting yet. Why, and with what money, should the Board be conscientious when some of the gardeners are completely unconscious?
08/18/2010 7:49:41 PM, ViktorIvanna
As a lawyer in a vacuum, I must tell you that SNT must strictly abide by the letter of the law: open a checking account, develop receipt forms, and collect contributions through a bank. If the law is amended and cash contributions are legalized again, the general meeting of SNT members will be able to change the charter and roll back everything. It is in this position that you need to stand, convincing the general meeting and board of SNT that you are right. But in practice, everything is more complicated. There are no sanctions for violation of this requirement yet. The tax authorities are not interested. Therefore, SNT can provide in the charters for making contributions to the cashier of the partnership, justifying this by the existence of citizens' rights to settlements in cash. And many citizens are really interested in this. If the general meeting approves such a version of the charter, you will have to appeal it in court.
I advise you to talk and persuade first. Gardening partnerships are communities of neighbors that are easier to live with in peace. If diplomacy no longer helps or you have a huge SNT, where personal relationships are not so important, contact the court and the prosecutor's office. They must understand and protect your rights. Perhaps this is the only way to clean up your SNT.
If you have a question about personal finance, rights and laws, health or education, write. The experts of the magazine will answer the most interesting questions.
New law on gardening and horticulture
New rules for summer residents: what will change in 2019
At one time, Peter I granted dachas to his entourage for services to the Motherland. Secular life was in full swing there: the owners organized evenings, balls, meetings of the bohemians. In Soviet times, dachas were relied only on the elite: politicians and influential personalities. The use of summer cottages for growing vegetables and fruits began at the end of the twentieth century. If the site was not looked after and nothing was grown on it, they had the right to take it away.
To date, summer residents are allowed almost everything and even more, and for a long time they turned a blind eye to minor violations in our country. But all good things come to an end: from January next year, a new law on gardening and horticulture will come into force. Now it is no longer possible to collect fees at will, build capital houses on ONT, etc. The changes will affect both the financial side and the management side.
Garden and vegetable garden: basic rules
So, what changes are coming:
- Now summer residents can only unite in SNT or ONT, before there were nine such forms. Cooperatives, partnerships, and others like them will sink into oblivion. Such organizations will be reorganized and given a new status.
- According to the new law, a horticultural non-profit partnership must collect contributions no more than once a month, while payment can only be made by bank transfer. All cash expenditures will be clearly tracked. The account is opened in a bank chosen at the meeting by voting.
- SNT allows the construction of objects for seasonal residence and capital buildings with a foundation. In such houses, if the site is located within the boundaries of the settlement, it will be possible to obtain registration. Previously, this option was not available.
- In ONT, non-capital structures (without a foundation) are allowed for storing equipment and crops. We are talking about households, summer kitchens, etc. At the same time, any residential buildings are prohibited.
- Site owners who are not part of the partnership will also pay dues. However, they will be limited in their rights. For example, such persons will not be able to take part in the selection of the SNT leadership. Membership is provided only to individuals. Membership documents are issued within three months.
Current non-profit enterprises need to amend the constituent documents, in which the conditions for admitting new members, voluntary withdrawal from the partnership, the rights and obligations of all participants, decision rules, etc. should be prescribed.
“One should carefully approach the development of the Charter, avoiding ambiguous interpretation of concepts. Otherwise, any decision of SNT can be challenged. The developed Charter is approved at the general meeting", - says Alexey Shmonov, general director of the Move.ru real estate portal.
There are several reasons why the state decided to adopt the new law. Firstly, it is a large number of organizational forms of associations, the activities of which were difficult to control. Secondly, there was an increase in complaints about the huge fees that were charged for membership, etc. Thirdly, it was necessary to solve the problem of legalizing residential buildings in summer cottages.
What contributions will summer residents pay in 2019
Actually, the term summer resident is becoming a thing of the past. According to the new law regulating the life of townspeople in nature, gardeners and truck farmers will now appear in legal documents. The concept of "summer residents", of course, will remain for a long time and no laws can be ordered by them. The new 217-FZ entered into force on January 1 of this year. and raised a lot of questions. Here is one of them: what contributions will summer residents pay in 2019, and what will they be spent on?
Let us recall that earlier members of gardening and summer cottage non-profit partnerships were required to pay not only admission and membership fees, but also target, share and even additional fees. At the same time, the board could, for example, limit the number of SNT participants, breaking the too high rate of the entrance fee. And all the others, except for membership and target ones, made it possible to steal. Here is a new law and left these two types of contributions.
What are the dacha members' dues paid for?
Usually, membership fees of SNT participants are collected once a year. The expenditure of these funds is clearly defined and Law 217-FZ did not make any changes here. As before, the collected funds will be spent on:
- salary for the chairman and board members
- partnership taxes
- protection and improvement of the common area
- garbage removal
- other household needs
It is necessary to distinguish between targeted and non-targeted contributions of summer residents. In fact, there is not much difference between the two. The money collected for them by the decision of the general meeting can be spent on anything.
There is one innovation here. The new law provides that all contributions, both as members of SNT, and as well as individual gardeners and gardeners, from 2019 will be the same. In this case, the latter will receive more rights. Individuals will now be able to participate in general collective meetings and even vote on issues related to various contributions. Only in the election of the leaders of SNT, their votes are not taken into account.
Well, the main point in this matter is that the contributions of summer residents will be transferred to a bank transfer. This means that now the accountant of the horticultural partnership is not allowed to accept cash from its members as contributions. They have to transfer them from their bank account to the SNT account. I think that some chairmen will find an opportunity to bypass this provision of the dacha law. Nobody wants to give up real money.
In 2019, those summer residents who are in arrears with the payment of contributions, both membership and targeted, may be excluded from members of non-profit garden or vegetable garden partnerships. This is stated in Art. No. 13 of the federal law. True, even the chairman cannot do this without the decision of the general meeting. At the same time, he must comply with all the formalities in relation to the debtor. Not later than a month before the convening of a meeting on this issue, the chairman must warn him by registered mail about the need to pay a fee.
The most important changes in legislation that await summer residents in 2019
Adding an article to a new collection
There is very little time left until 2019, and not everyone has managed to deal with the new legal aspects of gardening. We explain what to expect and what to expect in the next summer cottage season.
On January 1, 2019, the law "On the conduct of gardening and horticulture by citizens for their own needs", adopted by the State Duma in July 2017, comes into force. It will amend the provisions of the Housing, Land, Urban Development Codes, the Federal Law "On Cadastral Activities", "On State Registration of Real Estate" and other laws. Some changes will take effect immediately, while others will be introduced over the next 5 years.
Ordinary summer residents will touch upon six main issues and it is advisable to sort them out in advance in order to know what to expect in the coming year and what documents to prepare.