Wanting to get closer to nature and constantly be in the fresh air, many residents of large cities buy land outside the city. In the search process, they learn that there are various organizational and legal associations of citizens, one of which is a summer non-profit partnership. We learn about the features that this form of association of people has from the article.
The concept
A country non-profit partnership (DNT for short) is an association of citizens similar to a horticultural and vegetable gardener. The word "dacha" firmly entered the vocabulary and has long been a family and friends. It has been introduced since the time of Peter the Great, who bestowed estates on his estates near St. Petersburg for his services to the Fatherland. The word “dacha” came from the verb “give,” that is, from the corresponding direct action of the king.
At present, it is associated with a favorite type of recreation for citizens in nature. But in reality, the stay in their suburban area was not as cloudless as we would like. For a long time, citizens had various problems associated with the imperfection of the law.
Association Issues
The most painful problems complained by the summer residents include the following:
- Many forms of associations confused what rights and obligations of participants existed in certain cases. Partnership (including a summer non-profit partnership) means a form of organization of citizens that is based on the share property of different citizens - members of the partnership. In addition to him, such associations as partnerships and cooperatives are also known.
- Large requisitions under the pretext of membership and other contributions.
- “Persecution” by local authorities for the construction of residential buildings on agricultural lands and the impossibility of registration in them.
- The cost of drilling wells in areas where there is no water supply. Without this, normal life in nature is impossible. However, the work and design sometimes cost up to 2.5 million rubles.
- Independent solution of issues of connecting communications without the support of the municipality.
The legislative framework
In an attempt to solve some of the above problems, the legislator introduced amendments to the law “On horticultural, vegetable garden and country non-profit associations of citizens”. These changes entered into force from the beginning of 2019.
According to innovations, the law excludes such a form of association as a "summer non-profit partnership." At the same time, relevant amendments were made to other legislative acts, in particular:
- ZK RF.
- VK RF.
- Civil Code of the Russian Federation.
- LCD RF.
- Town Planning Code of the Russian Federation.
- The Law "On Subsoil".
- Law "On the State Committee for Civil Protection"
- Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation".
- Law on the Registration of Real Estate.
- Law on Mortgage.
- Law "On Agricultural Cooperation".
- Other legal acts.
As a result, the differences between horticultural and country partnerships that existed until then were eliminated. Now associations of citizens are limited to the following forms:
- SNT.
- ONT.
These organizations are partnerships for real estate owners. New gardening and country-gardening non-profit partnerships are created from agricultural lands or settlements, as before. At the same time, owners can engage in their own business, being members of a partnership or not having this status.
Individual farming
Citizens having a plot within the country association have the right to engage in farming individually. They use infrastructure facilities, as well as other property owned by members of the partnership on the basis of common property. Moreover, such citizens must comply with the terms of agreements concluded with the partnership and pay the established contributions in a timely manner, the amount of which cannot be higher than the similar contributions of the association members.
If they do not, then they will not be able to use the property of common use. In addition, the partnership has the right to recover these payments in court.
Organization Creation
Citizens can join in a partnership to jointly perform certain tasks established by applicable law, namely:
- For the formation of appropriate conditions for conducting gardening and horticulture by citizens (providing the necessary communications, territory protection, fire safety).
- Assistance in the development of land plots.
- Assistance in the interaction between neighbors and third parties.
At least seven citizens must come together to form a partnership. This is stated in part 2 of article 16 of the Law "On Horticultural Associations" No. 66-FZ. If the requirement is not complied with, then this association may be liquidated by the court if a claim is filed with this requirement.
According to article 40 of the above-mentioned law, a claim can be directed:
- State regional authorities.
- Local governments in whose territory gardening or horticulture is located.
- The owner or owner of a plot located within the territory of the land that belongs to this association.
Control
The partnership is managed by the following bodies:
- By the general meeting.
- Elected board.
- Chairman of a summer non-profit partnership.
The general meeting resolves issues such as:
- Changing the charter of an organization.
- Admission to its members.
- The definition of government.
- Determination of the chairman, audit commission, commission for monitoring the application of applicable law.
- The decision to establish representative offices, funds.
- Approval of internal regulations.
- Formation of the property of the organization.
- Consideration of complaints of its members.
- Other questions.
The competence of the board includes the following:
- Execution of decisions of the general meeting.
- The decision to hold such a meeting.
- A guide to current tasks.
- Estimating.
- Disposal of assets.
- Keeping records and reporting.
- Property protection.
- Property insurance.
- Construction, repair and maintenance of buildings.
- Paperwork.
- Employment in the association.
- Other tasks.
The chairman is elected from among the members of the board for a period of two years. His powers are determined by law No. 66-FZ, as well as the charter of the association. The chairman acts on behalf of the partnership without a power of attorney and performs the following functions:
- Presides over the meetings.
- Signs financial documents.
- Concludes transactions and opens bank accounts.
- Issues powers of attorney.
- Develops internal regulations.
- Makes decisions on the applications of members.
- Performs other tasks.
Charter
In Art. 52 of the Civil Code says that the charter of a summer non-profit partnership is the main constituent document of this association of citizens. It spells out the basic rules governing the partnership.Therefore, the requirements must be executed without fail by all members, including management.
The requirements for the preparation of this document are indicated in Art. 16 of the law "On horticultural, vegetable garden and country non-profit associations of citizens." So, the charter should contain the following information:
- The name of the association form.
- Legal address.
- The objectives of the organization.
- Ways to make management decisions.
- Rules for the admission of citizens to members.
- Member status, rights and obligations.
- Payment of contributions.
- Revision work.
- The method of forming common property.
- A way to convey information about the work of management bodies to members of the organization.
- Possibility of absentee voting.
- Reorganization and liquidation.
- Amending the charter.
The document has a title page and is structured into sections and articles, which cover certain issues. The following is a breakdown into smaller units (parts or paragraphs) containing specific requirements.
For example, the first section usually indicates general provisions, namely:
- The name of the association.
- Organization status as a legal entity.
- Location.
- Other information.
Liquidation of an organization
The creation of a summer non-profit partnership, as well as its liquidation, is carried out in accordance with the general procedure provided for by the Civil Code. Moreover, after the termination of the partnership, the former members retain their rights to allotment of land and other real estate on lands previously owned by the association.
Land purchase
Before acquiring a land plot, regardless of its legal form, it is necessary to check the following data:
- History, that is, all legal actions with land and objects located on it.
- The presence of communications underground, as this imposes certain restrictions on well drilling and installation of the foundation.
- An extract from the cadastral plan indicating clear boundaries of the allotment.
- Is the site part of a conservation area?
When you design a site, you should pay attention to the following points:
- The site is put on cadastral registration (this requires a master plan, land surveying, location schemes).
- Documents are drawn up in the presence of the books of a member of the partnership, as well as the minutes of the general meeting of members of the association.
- Land can be transferred to the property, registered accordingly.
- Land is transferred for use free of charge.
- The boundary plan is certified by an authorized organization.
Conclusion
As you can see, the new law does not provide for special changes regarding the registration of a summer non-profit partnership and its functioning. However, the legislator set himself the goal of clarifying for citizens the question of the various organizational and legal forms of associations of citizens, as well as the prevention of predatory contributions under the pretext of equipping the organization with the necessary resources. How much it was possible to realize these plans, time will tell.