Federal Law FZ 66 horticultural associations. Northern summer resident - news, catalog, consultations. What were the last changes
In order to preserve the fertility of the land and extract benefits from it, the state allocates land plots for gardening... Within these divisions, individual garden plots are cut for citizens. Driveways, streets, walkways and other infrastructure elements are organized inside each section. All this, in the end, the state assigns to gardeners on the basis of common (joint) property, as necessary condition development of gardening. The state goes further and legislates the share of each owner in the common land property.
From the opponents you can hear further: “And I don't need all your fuss with the organization. I can handle it myself. " I doubt that one gardener will be able to supply electricity, gas, water, and other utilities, repair the access road to his site, be able to protect his property from thieves and solve many more problems with local authorities and the state.
Horticultural non-profit partnership established by citizens to address common tasks gardening, truck farming and dacha farming. One gardener cannot solve global resource-intensive tasks. For this, SNT is created as an organization of gardeners.
Common-use property acquired or created at the expense of a special fund established by decision general meeting a horticultural, horticultural or suburban non-profit partnership is the property of such a partnership as a legal entity. SNT manages this common (joint) property, a legal entity, acts as management company hired by gardeners. Referring to the definition of membership fees given to Sadovod in Article 1 of FZ-66 of April 15, 1998, it is quite obvious that membership fees go to the current expenses of the partnership, that is, for the maintenance of SNT and for the acquisition, creation of the property of a legal entity.
Rule: Contributions periodically rendered by gardeners for the maintenance of infrastructure, as well as the creation of common property, which, explicitly or indirectly, is aimed at maintaining the infrastructure and is not a subject of necessity arising from the norms of legislation, or property owned by gardeners, will be membership. FZ-66 of 15.04.1998, Article 21, part 1, p. 10, 11, 12 "Competence of the general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association (meeting of authorized representatives)"
In accordance with article 21, paragraph 1, paragraphs. 10 and 12 FZ-66 of 15.04.1998 "Competence of the general meeting of members of a horticultural, vegetable gardening or dacha non-profit association (meeting of authorized persons)" The general meeting of members of SNT approves the estimate of income and expenses of the partnership in accordance with the norms established by the Regulation of trust funds and in strict accordance with the number of sites in SNT. The amount of contributions and payments rightfully follows from the estimate. Outcome: Gardeners have sNT income and expense estimate, regulated, understandable to every gardener, collection and distribution of money, for transparent accounting.
There remained one clause of the law that we allegedly did not notice when analyzing the flights about contributions and payments. This is pp. 11 p. 1 of Art. 21 ФЗ-66 of 15.04.98. The time has come to decide on the fine and its size.
Experience shows that penalty set at 0.1% of the debt amount for each day of delay. This figure is present in many contracts that are concluded between the parties in the Russian Federation, incl. between SNT and contractors for the performance of any work, the construction of public facilities, etc. This penalty is slightly higher than that defined in Article 75 of the Tax Code of the Russian Federation, but it is quite admissible and is recognized as unchanged for consideration in courts.
For further work, to develop recommendations for gardeners, we will turn to the Civil Code of the Russian Federation: As a result of the court penalty can be reduced and brought into compliance with Article 75 of the Tax Code of the Russian Federation. Those. the court will calculate the reduced amount of debt according to the following formula where, P \u003d H x D x CP / 100% x 1/300
P - penalty interest; H - the amount of non-payment; D - the number of days of delay;
Wed - refinancing rate of the Central Bank of the Russian Federation
If the gardener has property, then he freely owns it, uses it, disposes in accordance with Art. 209 "Content of ownership" of the Civil Code of the Russian Federation, which constitutes ownership. From this right, the burden and risk of maintaining property are simultaneously imposed on the owner (Article 210 “Burden of maintaining property” of the Civil Code of the Russian Federation). Now try to answer the question yourself: “How can you maintain a plot of land transferred to two hundred gardeners, with your individual garden plots, everything is more or less clear. If you took it into your property, then you need something from this land, and you will operate it in accordance with the permitted use.
The chairman must organize the gardeners, maintenance of common lands: the general meeting, board and other bodies of SNT are also called upon to control gardeners within their competence and authority - this is confirmed by Article 14 of the Federal Law-66 of 04.15.
And then we can safely say that the investment of money by gardeners in the maintenance of a land allotment within the boundaries of SNT is nothing more than the periodic surrender by all owners of individual garden plots of funds, called membership fees in strict accordance with the norms of FZ-66 dated 04.15.1998. And it is membership fees that are the basis for the existence of SNT.
Solving general social and economic problems, SNT, as an organization, creates an infrastructure that is quite specific for a given specific association.
From the definition it follows that only everything taken together: common property with governing bodies, control, hired workers and constitute this very infrastructure that gardeners, according to Art. 210 of the Civil Code of the Russian Federation are required to contain. Civil Code of the Russian Federation, article 210 "Burden of property maintenance"
FZ-66 of 15.04.1998, article 19 "Rights and obligations of a member of a horticultural, vegetable gardening or summer cottage non-profit association"
A MEMBER OF A GARDENING NON-PROFIT ASSOCIATION IS OBLIGED TO:
Bear the burden of maintaining the land and the burden of responsibility for violation of the law;
Timely pay membership and other fees stipulated by this Federal Law and the Articles of Association of the Partnership, taxes and payments for your site and for a share in common land, payments for the maintenance of infrastructure.
The board of the horticultural association, together with interested persons, other workers, etc., calculate those cashthat should be spent on the needs of the partnership in the next year, included in the expenditure side sNT estimates... This takes into account the funds that will be spent on the creation of common property owned by SNT as a legal entity. It is easy to determine this, knowing the purpose for which the property is purchased, for the maintenance of the existing infrastructure. These include salaries of employees, the purchase of office supplies, events for organizing and preparing general meetings, telephone calls, repairs of roads, fences, board buildings, water pipes, power lines, etc. In other words, these operating costs are nothing more than maintaining the very infrastructure in normal working order, or the very operating costs that are defined in article 1 "Basic concepts" of the Federal Law-66 of April 15, 1998.
Example: SNT is necessary in accordance with SP 53-13330.2011 "Planning and development of territories of horticultural (summer cottage) associations of citizens, buildings and structures" and FZ-123 of 22.07.2008 " Technical regulations about requirements fire safety»Purchase a fire pump. In addition, it is planned to purchase a set of office equipment for the board, a working tool for an electrician. All this should definitely be owned by SNT. That is, the property is bought, accounted for and used as the property of a legal entity. After the acquisition, this property is not divided, not allocated, not returned to gardeners, excluding the case of liquidation of SNT (Articles 40 - 44 FZ-66 of 04/15/98) It is important to highlight here that these acquisitions are carried out on membership fee... But they, just, according to the legislation, are not returned, tk. go to the running costs of the organization.
Let's figure it out further. Suppose we have a certain amount that has been carefully calculated by the board and which will presumably be included in the estimate with a proposal for the general meeting to approve it as an expenditure part of the estimate.
The principle of collection of membership fees
In FZ-66 of 04/15/1998, there is no clear definition on what principle a gardener should donate to SNT. But this does not mean at all that in SNT you can do as the general meeting, the board pleases. This is what many gardeners who do not read the law deeply believe. But sometimes even the contributory courts also believe that the assembly can do anything. This opinion is erroneous.
If the gardener, by virtue of owning a large plot (or even several plots), gets more from his plot (s), then why should the provision of all these benefits be determined by equal contributions? The guard, making a round of the territory of the partnership, spends more time on a larger site; the board, fulfilling its duties even with the same amount of work, ultimately allows the owner of a larger plot to extract more material benefits for himself. Let's turn to the letter of the law.
The defenders of the formula do not take into account the changes made to Article 15 of the basic FZ-66 of April 15, 98 by the Federal Law FZ-118 of June 26, 2007. In this regard, many publications are outdated, but they still hang on the World Wide Web. And people often fall into these networks, believing in what is written on the pages of the sites.
Output: The membership fee cannot be calculated based only on the institution of membership in a public association, which is a horticultural non-profit partnership, because contribution - a category, primarily economic. A member of SNT who owns a large number of sites in comparison with other members does not have to pay an equal membership fee with others, because at the same time, the principle of social justice is violated and the amount of the contribution for each member of the SNT who owns one and the number of sites increases.
Principle: 1 member of SNT - 1 membership fee is correct, but the amount of the fee cannot be the same for all members of the association.
The loophole for SNT landowners is in the formula itself. Don't you see? Let's explain. The newly-minted latifundist, who shouted at past meetings that it is necessary to take one contribution from one member, the responsibilities in the SNT are equal for everyone, now this will not be done. Having bought 9 plots, he will become the owner of a powerful land plot with the right to make good money on it. However, he still has to pay for 10 sites. Further, the goal of our landowner will be to escalate actions secretly from SNT to combine 10 plots into one with one cadastral number. By the way, SNT is unable to prevent him from doing this. After the fulfillment of the plan, in our some SNT, instead of 100 plots, there will remain 91. Ultimately, our owner calmly goes to the board and pays for ... - 1 plot, one membership fee.
In this hopeless situation of ours, poor gardeners are once again forced to pay out of their own pockets for missing contributions from 9 plots that were sold to one cunning landowner. And again in SNT the question looms: "What to do?"
In this case, we are talking about the fact that the membership fee is determined by accounting calculations. Those. general meeting members of SNT approves by its decision the costs and incomes of SNT in the next year, of which, through simple calculations, each gardener at the meeting finds out the size membership feefirmly tied to 1 m² of his individual garden plot. As a rule, the chairman of the board in his report or the accountant in his speech, voicing the estimate, must indicate the size of the membership fee for 1 hundred square meters. Based on the fact that garden plots, as a rule, have a standard 8 acres, then the figure is announced for 8 acres (800 m²). Any gardener can easily estimate the size of his membership fee for 4 ares, 5.5 ares or 8, etc.
Article 21 p. 1 p. 10 FZ-66 of 15.04.1998 establishes the right of the general meeting to establish the amount of contributions. Let's figure it out. Since there is no direct indication in our Federal Law-66, then according to Article 6 of the Civil Code of the Russian Federation, we can look for similar norms in other laws.
FZ-141 of November 29, 2004, in Article 1 "On Amendments to Part 2 of the Tax Code of the Russian Federation" in Articles 388, 390, 391, 392 (Chapter 31 "Land Tax") directly indicates the dependence of the land tax on the size of the land plot. But what is written in Part 1 of the Tax Code of the Russian Federation, article 38: the norms of the article clearly define that the amount of taxes, fees, payments is determined depending on the size of the object in value terms. This is how the tax authorities calculate the size of the land tax for gardeners: from the ownership square meters plot. We add that the tax is paid from the object (site), and not from the subject (citizen, gardener). The larger the object, the more tax will be. And tax legislation is completely up to one place where a citizen belongs to membership in public organization: Taxes are not taken from a member of SNT. The belonging of a specific site to a specific owner (again, not a member of SNT), according to tax legislation, determines the subject of payment, i.e. taxpayer and only.
Article 21, p. 1, p. 10 "Competence of the general meeting of members of a horticultural, gardening or summer cottage non-profit association" FZ-66 of 04/15/98 on the priority of making a decision by the general meeting of SNT members on contributions, one membership fee is collected from their members, but it differs in size depending on the area each member.
On June 26, 2007, FZ-118 made a small amendment to the basic FZ-66 dated April 15, 1998: Part 2 of Article 15, indicating that one gardener can own only one plot, has ceased to be in force since 03.07.2007. ...
In accordance with FZ-118, any gardener can buy a neighboring plot, or even two, three - as much as he can use (process).
But, if the decision of the meeting can be easily revised, then with charter it is much more difficult: the new edition requires registration, and the quorum for such a meeting is not 50% of SNT members, but 2/3.
The size membership feefirmly tied to 1 m² of his individual garden plot. As a rule, the chairman of the board in his report or the accountant in his speech, voicing the estimate, must indicate the size of the membership fee for 1 hundred square meters.
The final accurate calculation of the amount of the contribution is made by the accountant. First, the total cost of SNT in the next year is divided by the area of \u200b\u200ball individual plots (the board always has such initial data for calculation). The result is the cost of the membership fee from 1 m² included in individual garden plot, any gardener. Multiplying this cost by the number of meters of a specific individual plot, we get the amount of the installment.
With this principle, social justice is fully observed: whoever owns more land pays more. I believe that if the whole world, including the Russian Federation, has been living this way for a long time in accordance with the adopted legislative acts, then there is no reason for SNT to live somehow differently.
FZ-141 of November 29, 2004, in Article 1 "On Amendments to Part 2 of the Tax Code of the Russian Federation" in Articles 388, 390, 391, 392 (Chapter 31 "Land Tax") directly indicates the dependence of the land tax on the size of the plot.
The norms of the article clearly define that the amount of taxes, fees, payments is determined depending on the size of the object in value terms. This is how the tax authorities calculate the size of the land tax for gardeners: from the ownership of square meters of land. We add that the tax is paid from the object (site), and not from the subject (citizen, gardener). The larger the object, the more tax will be. And the tax legislation is completely up to one place belonging of a citizen to membership in a public organization: taxes are not taken from a member of SNT. The belonging of a specific site to a specific owner (again, not a member of SNT), according to tax legislation, determines the subject of payment, i.e. taxpayer and only.
Membership fees
Quite recently, in our SNT, no one had a clue about the existing FZ-66 of 04/15/98 and all those norms and actions that follow from it. But times change and not always for the worse. Get to the point! Our gardeners for 2010 paid membership fees at the rate of 300 rubles per hundred square meters. This is where this calculation ended. If you think about it, it becomes clear that these contributions had nothing to do with the actual costs of SNT this 2010. Indeed, why not pay 100 rubles or 500 rubles per hundred square meters. At the meeting, the people suggested that. Nobody substantiated anything with calculations.
In 2011, thanks to an acquaintance with FZ-66, the general meeting of members of our ancient SNT, finally, adopted an income and expense estimate, which almost corresponds to the norm of paragraph 1 of paragraphs. 12 of article 21 "Competence of the general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association". We will not analyze the estimate by element in this article. It is important for us to determine the principles for determining the size of the membership fee. And it clearly follows from the estimate.
So, the board before the general meeting, at which the income and expenditure estimate was to be approved, worked in advance (not 2 weeks in advance) in all respects for the expenditure part of the estimate in strict accordance with the definition of membership fees given in Article 1 of FZ-66.
SNT expenses include all SNT expenses that the society is ready to incur in the next year. These expenditures will accurately correlate with the maintenance of the SNT infrastructure and the injection of part of the funds from contributions to the special fund. These expenses will include the salaries of the chairman, accountant, electrician, security guards, maintenance of buildings and structures, including everything common property, incl. the property that was created for earmarked contributions. This includes expenses for stationery, travel to organizations and departments, telephone calls, training and re-certification of personnel, tax and other obligatory payments, expenses for organizing and holding general meetings, repairing equipment, public roads, etc., etc., etc. In a word, the expenditure part of the estimate, which forms the membership fee, will include all those SNT expenses that do not create and develop infrastructure, but only contain it in strict accordance with the norms of Articles 209, 210 of the Civil Code of the Russian Federation.
Common property (common property) created with the help of a special fund, i.e. part of the membership fees, as a rule, are designed to serve the infrastructure of the SNT. This is the office equipment of the board, a common fence around SNT, a board building, a gatehouse for guards, a barrier at the entrances to SNT, fire-fighting equipment, etc. That is, the property and objects that were not created for targeted contributions, and which, by virtue of the method of creation, acquisition, become the property of SNT as a legal entity.
This property is not allocated or issued in parts, in monetary terms in cases of a member of SNT leaving the association, selling a plot, donating, etc. This property is transferred to the maintenance of the new member of SNT along with the garden land plot from the old member (who sold, donated the plot, or somehow transferred ownership).
Will the membership fees be the same for all gardeners? The answer is obvious - no, they won't.
The size of the membership fee for each gardener is determined: based on 1 m² of own area.
If the gardener's house is not connected to the power line, then such a gardener also pays a fee for the maintenance and construction of power lines.
The legality of calculating a membership fee from gardeners whose site is not connected to the power line, but use street lighting, passages in SNT in the dark. This case should be considered in the context of Article 249 "Expenses for the maintenance of property in shared ownership" of the Civil Code of the Russian Federation. That is, if the owners of the power transmission lines made a lighting system in SNT at their own expense. The maximum that can be done in this situation is to distribute the electricity consumed by the lighting system equally to all owners of power lines.
For all gardeners to pay some part of the membership fee for the maintenance of the lighting system (not to be confused with the kWh of electricity consumed by the lighting system - this is communal payment) it is necessary to first gather the members of SNT for a general meeting and make a decision on the maintenance of the lighting system, of course, having coordinated this issue with the owners of the transmission line. At the same time, the lighting system created at the expense of a special fund will become the property of SNT as a legal entity, and this property will be shared with respect to the entire power line. That is, there will be shared owners of power lines (gardeners), and there will also be a shared owner of SNT. You can, of course, create a lighting system for targeted contributions of all gardeners, then according to the share in the lighting system (similar to the share of SNT in power lines), gardeners will be required to hand over a membership fee for the maintenance of the lighting system (replacement of lamps, preventive examination, electrician's salary, etc.)
As a result of all our research, we have:
The income and expense estimate certainly includes targeted contributions, which are collected separately from membership fees and are not the property of SNT, unlike membership fees (Article 4, clause 2 of the Federal Law-66). But, earmarked contributions are considered on the page "Earmarked contributions to SNT. Differences from membership fees, principle of collection, size ”. There everything is detailed and laid out on the shelves.
There is one more important point in the system of collection of membership fees. True, it also applies to all other fees in SNT:
Should know and rememberthat the board of SNT cannot, has no right not to take into account all gardeners, including abandoned plots, in the income and expense estimates. Otherwise, active members of SNT at their own expense stupidly contain idlers who have not appeared in SNT for years. And the number of those who do not appear is growing and will continue to grow if the active part, together with the board, does not take action against non-payers.
The board has the right and is obliged to collect losses from non-payers through the court in accordance with the requirements of Article 7 "Powers of a horticultural, vegetable gardening or suburban non-profit association", article 46 "Protection of the rights of gardening , gardening, dacha non-profit associations and their members "FZ-66 of 15.04.98 and articles: 210." Burden of property maintenance ", 244" The concept and grounds for the emergence of common property ", 249" Expenses for the maintenance of property in shared property "of the Civil Code of the Russian Federation.
Horticultural partnerships Are non-profit organizations Russian Federationwhich are created on a voluntary basis.
Their main purpose - solving problems in the field of gardening, gardening and dacha farming. The activities of partnerships are regulated by the Federal Law No. 66 "On horticultural, vegetable gardening and dacha non-profit associations of citizens."
General Provisions
Federal Law 66 was adopted on April 15, 1998. Despite the fact that such organizations are considered non-profit, they are not subject to the law No. 7 "On non-profit organizations", which was adopted on January 12, 1996. The last amendments to the Federal Law were made on July 3, 2016.
- Chapter 1 - describes the general provisions of this Federal law;
- Chapter 2 - describes the forms of citizens' gardening, horticulture, and dacha farming;
- Chapter 3 - describes which plots of land are provided for gardening, gardening and dacha farming;
- Chapter 4 - defines the ways of creating gardening, horticultural and summer cottages non-profit organizations... This chapter also describes the rights and obligations of members of such non-profit associations;
- Chapter 5 - describes how such non-profit organizations are managed;
- Chapter 6 - determines the peculiarity of the turnover of garden, garden and summer cottages. Some of the articles from this chapter are no longer valid;
- Chapter 7 - describes what can be built in such areas. Article 33 of the Federal Law in this chapter is no longer valid;
- Chapter 8 - methods of support for gardeners, gardeners, summer residents and their non-profit associations by state authorities;
- Chapter 9 - determines the reasons for the liquidation and organization of such non-profit associations;
- Chapter 10 - this section protects the rights of such associations and their members. Additionally, it provides for liability for violation of the provisions of the law in the conduct of economic activities;
- Chapter 11 - This chapter lists the final provisions of the Federal Law.
What changes have been made?
The changes affected the following articles:
Article 1
In article 1, paragraph 7 was amended. It refers to membership fees... Membership dues are funds that are contributed by members of a non-profit association within a specified period of time.
goal - maintenance of common property in proper form. The labor of employees who have concluded employment contracts with similar associations.
Article 16
Article 16 was supplemented with paragraph 4. It defines the method of calculating the amount of membership fees. The calculation takes into account the area of \u200b\u200bthe land plot and the total area on this land area.
Article 19
Clauses 1 and 2 were amended in Article 19 66 of the Federal Law. In clause 2, information was added on the mandatory notification of the horticultural and horticultural management of the termination of ownership of the existing land plot.
Article 21
Paragraph 3 of clause 3 of Article 21 66 of the Federal Law was reworded. According to the new changes, members of the horticultural society are prohibited from holding closed votes on issues on the agenda.
Article 22
In paragraph 3 of paragraph 2 of clause 22, a proposal was added as to who gets the casting vote if an equal number of votes were cast in the voting process. According to the amendments, this right goes to the chairman of the community.
Below will be considered articles that have not been changed, but they are important to consider:
The text of this article describes the rules for running a personal dacha economy, truck farming and gardening. Citizens have the right to carry out this kind of activity, provided that:
- a written contract was concluded with the dacha association;
- the owner pays all fees and charges for the use of infrastructure facilities on time;
- if he refuses to do so, then the funds are collected in court.
The amount of funds required for making monthly payments is calculated by the members of garden associations based on the size of the acquired territory and the amount of equipment used.
Article 19 66 of the Federal Law describes the requirements for persons wishing to be a member of a vegetable gardening, gardening and dacha partnership:
- russian citizenship;
- legal age;
- the ownership of a land plot located on the territory of a dacha association.
Admission to the partnership is carried out on the basis of the existing state registration. After its passage, the participants of the partnership hold a general vote, on the basis of which a decision is made to accept a candidate or to refuse him an application.
Important!The government of the Russian Federation allows foreign citizens to become members of horticultural associations, but only if all the conditions of the law are met.
Article 27 of Federal Law 66 describes the procedure for the implementation of office work in the territory dacha partnership... If a citizen wants to engage in any activity on the territory of his land plot, then he must apply to the chairman of the community with the documents. After examining the received papers, he puts his signature on them and hands them over to his secretary, whose signature must be affixed without fail.
At the request of an authorized person, the chairman of the partnership must provide the following package of documents:
- the charter of the gardening association and all amendments made to it;
- estimate of financial activities;
- minutes of holding general meetings and the results of all conducted votes;
- documents on the basis of which the participants of the partnership are allowed to use the common property;
- other papers stipulated by the charter of the association.
The above list of documents must also be provided at the request of a member of the partnership. Papers are provided in copies only.
Download the new edition of the law
Federal Law 66 regulates relations arising in the process of creating garden, vegetable garden and dacha associations, as well as those associated with the implementation of their activities. The law contains 11 chapters and 55 articles.
The latest changes were made to Federal Law 66 on July 3, 2016. For the latest version of the Horticultural Associations Act, download it from.
Amendments to 66-FZ on horticultural, vegetable gardening and summer cottage non-profit associations of citizens
On July 3, 2016, amendments were made to the Federal Law of 15.04.1998 N 66-FZ "On horticultural, vegetable gardening and summer cottage non-profit associations of citizens." The changes introduced by the Federal Law of 03.07.2016 N 337-FZ entered into force from the date of official publication - from 4 July 2016.
Our brief overview of these changes:
The concept of the Register of members of a horticultural, vegetable gardening or dacha non-profit association is introduced.
The register of association members must contain:
- surname, name, patronymic of a member of such an association;
- postal address and / or address emailon which a member of such an association can receive messages;
- cadastral (conditional) number of the land plot, the copyright holder of which is a member of such an association and other information provided for by the charter of such an association.
The duty of the member in connection with the formation of the register of the association is now:
- give reliable and necessary information for maintaining the register of members of the association and promptly inform the board of the association about changes in the specified information
- within ten days from the date of termination of the rights to the land plot belonging to him notify in writing about this the board of a horticultural, vegetable gardening or dacha non-profit association.
The specified register must be created no later than one month from the date of state registration of a horticultural, vegetable gardening or dacha non-profit association. Horticultural, horticultural or dacha non-profit associations of citizens created before the date of entry into force of this Federal Law are required to create a register of members of the corresponding association by June 1, 2017.
The Register is maintained by the chairman of the board of the association or another authorized member of the board of the association. The collection, processing, storage and distribution of information necessary for maintaining the register of members of the association are carried out in accordance with the legislation of the Russian Federation on personal data.
ФЗ July 27, 2006 N 152-ФЗ "On personal data": Operators and other persons who have gained access to personal data are obliged not to disclose to third parties and not to distribute personal data without the consent of the subject of personal data, unless otherwise provided by federal law. When processing personal data, the operator is obliged to take the necessary legal, organizational and technical measures or ensure their adoption to protect personal data from unauthorized or accidental access to them, destruction, modification, blocking, copying, provision, distribution of personal data, as well as from other illegal actions in relation to personal data.
Changes have been made to the procedure for holding the general meeting.
The previous version did not allow holding a meeting in absentia if the agenda of the general meeting included the issues of amending the charter of the association or approving it in a new edition, liquidation or reorganization of the association, approval of income and expense estimates, reports of the board and the audit commission. Now, provided that these issues were included in the agenda of the in-person meeting and it did not take place due to the lack of a quorum, these decisions can be made in absentia.The list of documents has been expanded
Which should be provided to members of a horticultural, horticultural or dacha non-profit association and citizens conducting gardening, horticulture or dacha farming in individually on the territory of a horticultural, vegetable gardening or dacha non-profit association at their request.
If earlier these were only copies of the minutes of general meetings of members of a horticultural, vegetable gardening or dacha non-profit association, meetings of the board, the audit commission (auditor) of such an association, the commission of such an association for monitoring compliance with the law, now, in addition to these documents, the following may be requested:
- the charter of a horticultural, vegetable gardening or dacha non-profit association, amendments made to the charter, a certificate of registration of the corresponding association;
- accounting (financial) statements of the association, the income and expense estimate of the association, a report on the execution of this estimate;
- documents confirming the results of voting at a general meeting of members of a horticultural, vegetable gardening or dacha non-profit association, including voting ballots, powers of attorney for voting, as well as decisions of the members of the association when holding a general meeting in the form of absentee voting;
- documents of title to public property;
- other internal documents provided for by the charter of a horticultural, vegetable gardening or dacha non-profit association of citizens and decisions of the general meeting of the members of the association.
These documents are provided for familiarization... The obligation to provide copies of documents from the above list has also been introduced. The fee charged by the association for the provision of copies cannot exceed the cost of making them. Thus, the board will need to decide on the cost of copies of documents based on the cost estimate.
The charter of the association must contain the procedure for establishing the amount of membership fees.
Now this is legally established, and this procedure may include, among other things, establishing the size of the membership fee depending on the area of \u200b\u200bthe land plot of a member of such an association and (or) the total area of \u200b\u200bimmovable property belonging to him and located on this land plot. There are two main points here:- a) the size of the membership fee, in the opinion of the legislator, can now be established depending on the area of \u200b\u200bthe land plot or on the area of \u200b\u200bimmovable property on the land plot. A combined principle between the two is also possible. That is, the principle of collecting membership fees - "equally from the site", which is widespread in many partnerships, has been excluded.
- b) In the text of the article, the words "may include, among other things ..." make it possible to interpret the above principles of collecting a membership fee as recommended, but not mandatory. That is, if a different procedure is formulated in the charter, then so be it, the main thing is that it is spelled out in the charter.
The wording of the term “membership fees” has been clarified.
In the new edition, these are funds periodically contributed by members of a horticultural, vegetable gardening or summer cottage non-profit association for the maintenance of common property, remuneration of employees who have entered into employment contracts with such an association, and other operating expenses of such an association. Supplemented by the obvious - the content of the common property. Recall that in accordance with the same Federal Law No. 66, public property is property (including land plots) intended to provide, within the territory of a horticultural, vegetable gardening or suburban non-profit association, the needs of members of such a non-profit association in the passage, passage, water supply and drainage, electricity supply, gas supply, heat supply, security, recreation and other needs (roads, water towers, common gates and fences, boiler rooms, children's and sports grounds, waste collection areas, fire-fighting facilities, etc.).
However, the changes have already entered into force, regardless of their presence in the charter.
You can familiarize yourself with the text of the amendments to No. 66-FZ dated 04.15.1998 "On gardening and summer cottage non-profit associations of citizens", adopted in No. 337-FZ dated 03.07.2016, in
The law itself is in the attached file (doc, 255 KB), and below is the name of the chapters and articles of this law.
Federal Law of April 15, 1998 N 66-FZ
"On horticultural, horticultural and suburban non-profit associations of citizens"
(as amended on November 22, 2000, March 21, 2002, December 8, 2003, August 22, November 2, 2004)
Adopted by the State Duma on March 11, 1998
Approved by the Federation Council on April 1, 1998
Chapter I. General Provisions
Article 1. Basic concepts
Article 2. Subject of regulation and scope of this Federal Law
Article 3. Legal regulation conducting by citizens of gardening, truck farming and dacha farming
Chapter II. Forms of citizens' gardening, truck farming and dacha farming
Article 4. Forms of horticultural, horticultural and dacha non-profit associations
Article 5. The name and location of the horticultural, vegetable gardening or dacha
Article 6. Legal status of horticultural, vegetable gardening or suburban non-profit
Article 7. Powers of a horticultural, horticultural or suburban non-profit association
Article 8. Conducting gardening, horticulture or dacha farming on an individual basis
Article 9. Associations (unions) of horticultural, horticultural and dacha non-profit associations
Article 10. Representative offices of horticultural, horticultural and dacha non-profit associations and associations (unions) of horticultural, horticultural and dacha non-profit associations
Article 11. Mutual lending funds and rental funds
Chapter III. Territory zoning and provision of garden, vegetable garden and suburban land plots
Article 12. Zoning of the territory for the placement of horticultural, horticultural and suburban non-profit associations
Article 13. Determination of the need for land plots for the placement of horticultural, horticultural and suburban non-profit associations
Article 14. Selection and provision of land plots for the placement of horticultural, horticultural and suburban non-profit associations
Article 15. Restrictions on the provision of garden, vegetable garden and summer cottages
Chapter IV. Creation of horticultural, horticultural and suburban non-profit associations. Rights and obligations of members of horticultural, horticultural and dacha non-profit associations
Article 16. Creation of a horticultural, horticultural or suburban non-profit association
Article 17. State registration horticultural, horticultural or suburban non-profit association
Article 18. Membership in a horticultural, horticultural or suburban non-profit association
Article 19. Rights and obligations of a member of a horticultural, horticultural or suburban non-profit association
Chapter V. Management of horticultural, horticultural and dacha non-profit associations
Article 20. Governing bodies of a horticultural, horticultural or dacha non-profit association
Article 21. Competence of the general meeting of members of a horticultural, vegetable gardening or dacha non-profit association (meeting of authorized representatives)
Article 22. Management Board of a horticultural, vegetable gardening or suburban non-profit association
Article 23. Powers of the chairman of the board of a horticultural, vegetable gardening or summer cottage non-profit association
Article 24. Liability of the chairman of the board of a horticultural, vegetable gardening or summer cottage non-profit association and members of its board
Article 25. Control over the financial and economic activities of a horticultural, vegetable gardening or suburban non-profit association
Article 26. Public control over compliance with legislation
Article 27. Conducting office work in a horticultural, horticultural or suburban non-profit association
Chapter VI. Peculiarities of privatization and turnover of garden, vegetable garden and summer cottages
Article 28. Peculiarities of privatization of garden, vegetable garden and suburban land plots
Article 29. Transactions with garden, vegetable garden and summer cottages
Article 30. Rights of gardeners, truck farmers and summer residents to dispose of garden, vegetable garden and summer cottage land plots
Article 31. Turnover of garden, vegetable garden and summer cottages
Chapter VII. Organization and development of the territory of a horticultural, vegetable gardening or suburban non-profit association
Article 32. The procedure for the development of projects for the organization and development of the territory of a horticultural, vegetable gardening or summer cottage non-profit association
Article 33. Standards for the organization and development of the territory of a horticultural, vegetable gardening or summer cottage non-profit association
Article 34. The procedure for the construction of objects for individual (family) and general use in a horticultural, vegetable gardening or dacha non-profit association
Chapter VIII. Support for gardeners, gardeners, summer residents and their horticultural, vegetable gardening and suburban non-profit associations by bodies state power, local governments and organizations
Article 35. Forms of support for gardeners, gardeners, summer residents and their horticultural, vegetable gardening and suburban non-profit associations
Article 36. Procedure for supporting horticultural, horticultural and dacha non-profit associations
Article 37. Participation of horticultural, horticultural and dacha non-profit associations in the adoption by public authorities or local authorities of decisions regarding the rights and legitimate interests members of such associations
Article 38. Assistance of state authorities and local self-government bodies to horticultural, vegetable gardening and dacha non-profit associations
Chapter IX. Reorganization and liquidation of a horticultural, vegetable gardening or summer cottage non-profit association
Article 39. Reorganization of a horticultural, vegetable gardening or suburban non-profit association
Article 40. Liquidation of a horticultural, vegetable gardening or suburban non-profit association
Article 41. Procedure for liquidation of a horticultural, vegetable gardening or summer cottage non-profit association
Article 42. Property of a liquidated horticultural, horticultural or suburban non-profit association
Article 43. Completion of liquidation of a horticultural, vegetable gardening or summer cottage non-profit association
Article 44. Record on the termination of the activity of a horticultural, vegetable gardening or suburban non-profit association
Article 45. State registration of amendments to constituent documents of horticultural, horticultural and dacha non-profit associations
Chapter X. Protection of the rights of horticultural, vegetable gardening, dacha non-profit associations and their members. Responsibility for violation of legislation in the conduct of gardening, truck farming and dacha farming
Article 46. Protection of the rights of horticultural, vegetable gardening, dacha non-profit associations and their members
Article 47. Liability of gardeners, gardeners or summer residents for violation of legislation
Article 48. Administrative responsibility officials government bodies, local government bodies, state and municipal institutions
Article 49. Disciplinary responsibility officials of state authorities, local authorities for violation of the law
Article 50. Criminal liability of officials of state power bodies, local self-government bodies for violation of legislation
Article 51. Compensation for losses caused to a horticultural, horticultural or suburban non-profit association or its members
Chapter XI. Final provisions
Article 52. Entry into force of this Federal Law
Article 53. Transitional Provisions
Article 54. On the abolition of previously adopted laws
Article 55. Bringing normative legal acts in accordance with this Federal Law
2. Citizens engaged in gardening, horticulture or dacha farming on an individual basis in the territory of a horticultural, horticultural or dacha non-profit association have the right to use infrastructure facilities and other common property of a horticultural, vegetable garden or dacha non-profit association for a fee on the terms of contracts concluded with such an association in writing in accordance with the procedure determined by the general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association.
In the event of non-payment of the fees established by contracts for the use of infrastructure facilities and other common property of a horticultural, vegetable gardening or dacha non-profit association on the basis of a decision of the board of such an association or a general meeting of its members, citizens engaged in gardening, horticulture or dacha farming on an individual basis are deprived of the right to use the facilities infrastructure and other common property of a horticultural, vegetable gardening or summer cottage non-profit association. Failure to pay for the use of infrastructure facilities and other common property of a horticultural, vegetable gardening or suburban non-profit association shall be collected in court.
Citizens engaged in gardening, horticulture or dacha farming on an individual basis on the territory of a horticultural, horticultural or dacha non-profit association may appeal to the court against decisions of the board of a horticultural, vegetable garden or dacha non-profit association or a general meeting of its members on refusal to conclude contracts for the use of infrastructure facilities and other common property of such an association.
The amount of payment for the use of infrastructure and other common property of a horticultural, horticultural or suburban non-profit association for citizens engaged in gardening, horticulture or dacha farming on an individual basis, provided that they make contributions for the acquisition (creation) of said property cannot exceed the amount of payment for use of the specified property for the members of such an association.
Judicial practice under Article 8 of the Federal Law of 15.04.1998 No. 66-ФЗ
Decision of January 30, 2019 in case No. A45-41730 / 2018
Arbitration Court of the Novosibirsk Region (AS of the Novosibirsk Region)
DST departments issued a submission on the elimination of the reasons and conditions that contributed to the commission administrative offense, according to which the partnership should: 1) stop violating the requirements of the provisions of Articles 8 and 11, Part 1 of Article 31, Part 1 of Article 33 of the Federal Law of 07.12.2011 416-FZ "On Water Supply and Wastewater Disposal"); paragraphs 24, 26, Pricing Basics ...
Decision No. 2-1-83 / 2019 2-1-83 / 2019 ~ M-1-948 / 2018 M-1-948 / 2018 dated January 29, 2019 in case No. 2-1-83 / 2019
Zhukovsky District Court (Kaluga Region) - Civil and Administrative
Land and 735 rubles from each land plot. These decisions have not been challenged in court and have not been declared invalid. Based on the provisions of Articles 1 and 8 of the Federal Law of April 15, 1998 N 66-FZ "On horticultural, vegetable gardening and dacha non-profit associations of citizens", the establishment of the amount of payments and contributions for each owner of the land ...
Decision No. 2-206 / 2019 2-206 / 2019 (2-5466 / 2018;) ~ M-4998/2018 2-5466 / 2018 M-4998/2018 dated January 29, 2019 in case No. 2-206 / 2019
Novo-Savinovskiy District Court of Kazan (Republic of Tatarstan) - Civil and Administrative
Size --- and --- and payment costs legal services at the rate of ---. At the hearing --. - .---- g. The plaintiff's representative clarified the grounds for the claims indicating that according to Art. 8 of the Federal Law of -. - .----, N 66-FZ, citizens have the right to conduct gardening, horticulture or dacha farming on an individual basis. Citizens engaged in gardening, horticulture or dacha farming in an individual ...
Decision No. 2-149 / 2019 2-149 / 2019 (2-3354 / 2018;) ~ M-3238/2018 2-3354 / 2018 M-3238/2018 dated January 24, 2019 in case No. 2-149 / 2019
Serpukhov City Court (Moscow Region) - Civil and Administrative
Materials of the case, the court came to the following conclusion. The materials of the case established that Utkina N.K. is the owner of the land plot located on the plot. (l.d. 8 - 10) 03/02/2018 Utkina N.K. an application has been submitted to the Board of BAT "Zolotaya Roshcha" with a request to accept the members of BAT "Zolotaya Roshcha". According to the minutes of the meeting of the NDT board “...
Decision No. 2-2197 / 2018 2-457 / 2019 2-457 / 2019 (2-2197 / 2018;) ~ M-1687/2018 M-1687/2018 dated January 24, 2019 in case No. 2-2197 / 2018
Berezovsky District Court (Krasnoyarsk Territory) - Civil and Administrative
Which the plaintiff did not mind. Having heard the plaintiff, having examined the materials of the case, the court considers the stated claims to be reasonable and subject to partial satisfaction on the following grounds. By virtue of Article 8 of the Federal Law of N 66-FZ "On horticultural, vegetable gardening and dacha non-profit associations of citizens" (in force at the time of the emergence of controversial legal relations), citizens have the right to conduct gardening, horticulture or ...
Resolution of January 23, 2019 in case No. А05-7703 / 2018
Arbitration Court of the Arkhangelsk Region (AC of the Arkhangelsk Region)
Roads, water towers, common gates and fences, boiler rooms, playgrounds and sports grounds, waste collection areas, firefighting structures, and the like). According to paragraph 2 of Article 8 of Law No. 66-FZ, citizens engaged in gardening, horticulture or dacha farming individually on the territory of a horticultural, vegetable gardening or suburban non-profit association have the right to use infrastructure and other ...
Resolution No. 44Г-156/2018 44Г-7/2019 4G-3338/2018 dated January 22, 2019 in case No. 2-7 / 2018
Krasnoyarsk Regional Court (Krasnoyarsk Territory) - Civil and Administrative
338 r 70 cop., The cost of paying the state fee in the amount of 547 rubles. 09 cop., Expenses for drafting a claim and representation in court in the amount of 8,000 rubles, and only 20,102 rubles. 79 kopecks By the decision of the magistrate of judicial district No. 31 in ZATO Zelenogorsk, Krasnoyarsk Territory dated January 30, 2018, left ...
Decision No. 2-3929 / 2018 2-470 / 2019 2-470 / 2019 (2-3929 / 2018;) ~ М-2574/2018 М-2574/2018 dated January 21, 2019 in case No. 2-3929 / 2018
Pushkinsky District Court (City of Saint Petersburg) - Civil and Administrative
SNT (l.d. 41). By the decision of the meeting authorized SNT "Rehkolovo" dated March 31, 2012 (minutes No. 5) for 2012, the amount of membership fees from 8 hectare sites was approved - 11,000 rubles (case sheet 9). By the decision of the meeting of authorized SNT "Rehkolovo" dated 02.02.2013 (minutes No. 1) for 2013 the amount of membership fees was approved with ...
Decision No. 2-2632 / 2018 2-281 / 2019 of January 21, 2019 in case No. 2-2632 / 2018
Prioksky District Court of Nizhny Novgorod ( Nizhny Novgorod Region) - Civil and administrative
Horticultural, horticultural or suburban non-profit partnership common property acquired or created by such a partnership at the expense of earmarked contributions is the joint property of its members. According to Article 8 of the Federal Law of April 15, 1998 N 66-FZ "On horticultural, vegetable gardening and dacha non-profit associations of citizens", citizens have the right to conduct gardening, horticulture or dacha farming in ...
Decision of January 16, 2019 in case No. А59-6904 / 2018
Arbitration Court of the Sakhalin Region (CA of the Sakhalin Region)
A network organization for technological connection of subscriber's power receiving devices, including through the use of infrastructure facilities of a horticultural, vegetable gardening or suburban non-profit association. In accordance with paragraph 8 (5) of Rules No. 861, in the case of technological connection of power receivers belonging to a horticultural, vegetable gardening or suburban non-profit association or its members, an application for technological connection of these power receivers is submitted ...