Authorized in snt. Authorized in snt Fz 66 authorized
One of the main problems of the Chairman and the Board in any partnership is holding a General Meeting of its members.
The first problem is the permanent lack of a quorum.
50% of the listed number of members and adieu did not come to the meeting!
It is best to close a meeting without starting. Insofar as any member dissatisfied with these decisions will challenge them and overturn them in court without any effort.
Those who have worked or are working on the Board are well aware of how difficult it is to collect these 50% at the same time in the same place.
Some of the gardeners left, some on this day cannot, some just frankly do not care about all the meetings, and some do not go to them in order to protect the nervous system and not to participate in those fierce squabbles and mutual accusations, which are likely any meeting becomes 90%.
The second problem is the crowd effect.
Simply put, if more than 60 people have already gathered at the meeting, then two or three brawlers or quarrelsomers can literally turn the entire meeting into a communal kitchen in 5 minutes and, as a result, disrupt the vote on issues important for the partnership.
There is a solution to these problems, and it is remarkable for its amazing simplicity and grace.
It is simply necessary to introduce into the partnership the "institution of delegates".
An authorized person is a member of the partnership who, at the general meeting, will represent the whole "cluster" of SNT members, make decisions and vote at the meeting on behalf of those members of the "cluster" who are absent from the meeting (the highlighted phrase is very important, we will explain below why), without any powers of attorney.
A simple example.
The partnership has 200 garden plots. These 200 parcels are divided into 20 “clusters” of 10 parcels each. From the members who own garden plots from 1 to 10, an authorized Petrov is elected, from the members who own garden plots from 11 to 20, an authorized Sidorov is elected, etc. Thus, a list of 20 authorized representatives is formed in the partnership. Then everything is quite simple.
On the day of the general meeting, the registration group registers those present as follows:
- 4 members came from polling stations 1 to 10 - they received one vote and one voting card, and the authorized Petrov also came - he represents the remaining 6 members from these polling stations who did not appear at the meeting, and their 6th votes by votes;
- 5 members came from polling stations from 11 to 20 - they received one vote and one voting card, and the authorized representative Sidorov also came - he represents the remaining 5 members from these polling stations who did not appear at the meeting, and their 5th votes by votes:
- 3 members came from polling stations 21 to 30 - they received one vote and one voting card, but the authorized representative did not come, which means that 7 members from these polling stations are not present at the meeting and are not taken into account when calculating the quorum.
After the end of registration, the registration group on the registration lists counts the number of votes of the members and the number of authorized votes and the minutes of the meeting are made approximately as follows
“The registration group, consisting of So-and-so and So-and-so are registered:
Representatives - 15 people, who represent 90 members of the partnership.
Partnership members - 45 people. (one vote at a time).
In total, 135 votes are presented, counting the members of SNT, or 70.3% of the votes (total in SNT at the time of the meeting - 192 members)
There is a quorum. The meeting of authorized representatives and members of the SNT is competent to make decisions on the agenda. Registration lists are attached to the minutes "
That's all - you have a quorum.
Simple and elegant.
Even if you have 11 delegates, the quorum will be there.
Now the Board can hold general meetings at least once a quarter without bothering itself with how to get 50% of the members.
I would like to clarify right away why delegates should only represent members absent from the meeting and vote only with their votes.
In some partnerships where delegates exist, general meetings are held purely in the form of meetings of some delegates, in other words, only delegates vote, while members are deprived of the right to vote, and are often simply removed from the meeting.
Although 66-FZ does not contain a direct rule prohibiting holding meetings in this way, in our opinion, this is a serious mistake, fraught, again, with challenging the decisions of such meetings of representatives in court.
To substantiate our point of view, I would like to cite
an excerpt from the recent determination of the Moscow Regional Court on the cassation appeal of one of the members of the SNT,who tried to judicially challenge the decisions of the general meeting
"The court reasonably agreed with the position of the SNT representative", "on the procedure for counting votes when making decisions at these meetings, which fully corresponds to the reflection of the objective picture and the correctness of their count. The court found that the votes of the SNT members who were personally present at the meetings were counted independently, and the number of authorized votes was taken into account by the number of actually represented SNT members who were absent from these meetings, which is confirmed by the documents in the case file.
When resolving the counterclaim, the court of first instance came to the correct conclusion that the contested decisions of these assemblies were not only adopted in compliance with the current legislation, but none of them violated and does not violate the rights and legitimate interests of the plaintiff, and therefore his rights in court they did not need and do not need protection "
So draw conclusions for the future.
If there are authorized representatives in SNT, general meetings should be held in a mixed form.
Now for the second problem - the crowd effect.
If the Board is creative and reasonable in approaching the issue of nomination of delegates, then it is quite capable of forming a backbone of reasonable people in the partnership, with a balanced approach to decision-making and having a constructive view of partnership problems.
We can be sure that such a backbone will save the Chairman from making ill-considered decisions at the meeting and will ensure with its large number of votes the adoption of decisions at general meetings in support of the constructive policy of the Management Board aimed at developing the partnership.
Nuuuuu, you say, this is of course all tempting and beautiful, but let the author himself try to collect twenty 10 members of SNT each time and choose these very commissioners. You knock your legs down, you rip off your throat and the result will be zilch.
I agree.
Twenty small congregations are even worse than one large one.
But who said that this is how the delegates should be elected?
We open our favorite law "On horticultural, vegetable gardening and dacha non-profit associations of citizens" and read what requirements it puts forward to the authorized:
“Article 20. The governing bodies of a horticultural, vegetable gardening or dacha non-profit association.
2. A horticultural, horticultural or dacha non-profit association has the right to conduct general meeting its members in the form of a meeting of delegates.
The authorized horticultural, vegetable gardening or dacha non-profit association is elected from among the members of such an association and cannot delegate the exercise of their powers to other persons, including members of the horticultural, vegetable gardening or dacha non-profit association.
The authorized horticultural, horticultural or dacha non-profit associations are elected in accordance with the charter of such an association, which establishes:
the number of members of such an association, from which one delegate is elected;
the term of office of the authorized representative of such an association;
the procedure for electing the authorized representatives of such an association (by open voting or by secret ballot using ballots);
the possibility of early re-election of the authorized representatives of such an association. "
Now, in order to "launch" the institution of commissioners, it is enough to perform only three steps:
1) To convene a general meeting of SNT members (must be quorum, i.e. 50% + 1 vote) and add two items to the agenda.
I) "Acceptance of changes to the Articles of Association"
II) "Election of Commissioners".
2) At this meeting, to adopt amendments to the Charter approximately in the following edition:
“The commissioners are elected for a period of 4 years from the members of the SNT on the principle of 1 authorized from the members of the SNT for every 10 land plots on the territory of the SNT, counted sequentially, starting from plot No. 1 to Master plan SNT.
The plenipotentiaries are elected at the General Meeting of the SNT members by open vote.
Only a member of the partnership who does not have arrears in payments and contributions to SNT can be nominated as a candidate for commissioner.
Early re-election of any authorized person can be carried out at any General Meeting of SNT members.
The commissioners are not entitled to transfer the exercise of their powers to other persons, including members of SNT.
SNT members have the right to participate personally or through their representative, acting on the basis of a duly certified power of attorney, in the meeting of authorized representatives and vote on all discussed issues.
The votes of SNT members present in person or through a representative at the meeting of authorized representatives are deducted from the votes held by the respective authorized representative.
The competence of the meeting of authorized representatives does not include the adoption of decisions on the reorganization, merger or liquidation of the partnership. "
3) You propose candidates from the Board of Directors and vote them. You can immediately list.
All. Now you have solved the problem of convening general meetings for 4 years.
Note a few nuances for yourself.
At first, changes to the Articles of Association must be adopted by a majority of 2/3 votes of the number of votes present at the meeting.
Secondly, nowhere in the law is there an indication that a member of the Management Board, or the Chairman or a member of the Audit Commission cannot be authorized.
Thirdly,clearly understand that an authorized person and, for example, “senior on the street” are not the same thing. The main function of the authorized representatives is to represent the votes of the SNT members who are absent from the meeting. And that's all. And if you are approached with a claim that the authorized agent does not conduct any community service among the members from which he is chosen, you can safely reject it. The work should be done by the Board, not by the delegate.
Well, and another small counterargument, for those who will declare to you that, they say, I did not elect this delegate, but at the meeting he (the delegate) voted for me.
So you correctly remind that, according to the law, participation in general meetings is the duty of SNT members, and if this member of SNT does not want an authorized person to vote for him, then let him come to the meeting and exercise his will personally, or through a person by proxy (by the way another argument in favor of a mixed form of assembly).
Yes, we almost forgot! Do not forget to officially register the accepted changes to the Articles of Association.
Article 27. Conducting office work in a horticultural, horticultural or suburban non-profit association
1. Minutes of general meetings of members of a horticultural, vegetable gardening or summer cottage non-profit association (meetings of authorized representatives) shall be signed by the chairman and secretary of such a meeting; these protocols are certified by the seal of such an association and are kept in its files permanently.
2. The minutes of meetings of the board and the audit commission (auditor) of a horticultural, vegetable gardening or dacha non-profit association, the commission of such an association for monitoring compliance with legislation shall be signed by the chairman of the board or deputy chairman of the board or, respectively, the chairman of the audit commission (auditor) and the chairman of the commission of such an association for monitoring compliance with the law; these protocols are certified by the seal of such an association and are kept in its files permanently.
3. 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, the following should be provided for review:
1) 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;
2) the accounting (financial) statements of the association, the income and expense estimate of the association, the report on the execution of this estimate;
3) minutes of general meetings of members of a horticultural, vegetable gardening or dacha non-profit association (meetings of authorized representatives), meetings of the board, the audit commission (auditor) of the association, the commission of the association for monitoring compliance with legislation;
4) 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;
5) documents of title to property in common use;
6) other internal documents provided for by the charter of a horticultural, vegetable gardening or summer cottage non-profit association of citizens and decisions of the general meeting of the members of the association.
4. A horticultural, horticultural or dacha non-profit association is obliged to provide a member of the association, a citizen conducting gardening, horticulture or dacha farming individually on the territory of such an association, upon their request, copies of the documents specified in paragraph 3 of this article. The fee charged by the association for the provision of copies cannot exceed the cost of making them. Provision of copies of the documents specified in paragraph 3 of this article to the local government body, on the territory of which such an association is located, to the bodies state power relevant entity Russian Federation, judicial authorities and law enforcement authorities are carried out in accordance with their requests in writing.
Procedure for electing commissioners
The election of commissioners is recommended as the best way to combat the small number of general meetings in a horticultural partnership. The very small number of meetings, I think, is a consequence of the lack of organizational work to prepare meetings. It is clear that the election of delegates for such a problem, if it acts as a medicine, is only symptomatic, the disease itself does not cure and even aggravates it.
According to article 16, clause 4 of the Federal Law No. 66-FZ of 15.04.1998, " the charter of a horticultural, vegetable gardening or dacha non-profit association must necessarily indicate ... the structure and procedure for the formation of management bodies of such an association, their competence, the procedure for organizing activities". According to article 20, clause 2 of the Federal Law No. 66-FZ of 15.04.1998," authorized horticultural, horticultural or dacha non-profit associations are elected in accordance with the charter of such an association, which establishes:
1) the number of members of such an association, from which one representative is elected;
2) the term of office of the authorized representative of such an association;
3) the procedure for electing the authorized representatives of such an association (by open vote or secret ballot using ballots);
4) the possibility of early re-election of the authorized representatives of such an association".
Since the controls have horticultural partnership only three (chairman of the board, board, general meeting), cited in clause 3 of clause 2 of article 20 of law no. 66-FZ quite clearly implies the election of the authorized members of the partnership at the general meeting. This subparagraph even suggests to its reader the variations acceptable in the understanding of the phrase. "order of election" - with or without ballots, that's all.
It is easy to see that the method of electing delegates at a general meeting in person with a show of hands leads to a perfect dominance of the activist majority in the partnership. Representatives of those who disagree with this method will not become authorized. Consequently, the election of commissioners can be purposefully used as a means to cleanse the supreme governing body of a horticultural partnership. Or, in other words, in the method of legal exclusion from decision-making in a partnership, by assigning votes to the minority by a majority.
Delegated authority is a power of attorney. In essence and in meaning, the authorized person should be a trustee of a group of gardeners, their representative. However, when the delegates are elected at the general meeting by raising their hands, it turns out that the power of attorney from Ivanov, Petrov, Sidorov for representation in the governing body is received not by those citizens who are personally trusted by Ivanov, Petrov, Sidorov, but by citizens who are trusted by the general meeting in the form their majority. At the same time, the opinion of Ivanov, Petrov, Sidorov themselves is not interesting to the general meeting (and later on to the meeting of delegates).
The commissioners, whose composition was formed at the general meeting by raising their hands, it is more logical to call guardians, and the mentioned gardeners Ivanov, Petrov, Sidorov - incapacitated insane guardians, since they do not represent their interests themselves and are deprived of the opportunity to choose a representative (authorized) for themselves personally and according to their own understanding.
And one moment. Clause 2 of Article 20 No. 66-FZ of 15.04.1998. prescribes to indicate in the charter the number of members of the partnership, from which one authorized representative is elected. Let's say there are 80 members in a partnership, one representative is elected from five members of the partnership. Let us further assume that two new members have been admitted to the partnership, now there are 82 members. Recalling my school lessons in mathematics, I conclude that 82 is not divisible by 5. What to do with two? I see only two possible options: 1) on the occasion of each newcomer (dropout) to rewrite (and re-adopt) the charter; 2) in the charter, write down detailed instructions for "rounding off" the delegates. Write, comrades ...
Reasonable and protecting the rights of the gardener-elector can only be considered such a procedure for the election of representatives when the elector himself personally delegates to the authorized representative his rights to participate in the life of a gardening partnership. At the same time, there should not be a fixed norm of representation on the principle of "one authorized representative from a certain number of members". The latter is understandable if we take into account that the number of people who trust each particular nominee is different. One candidate has a set of qualities due to which, say, 15 people trust him, the other has fewer merit, and only five are ready to vote for him. With a strict norm of representation, electors are forced to delegate their powers to candidates who are not trusted, since the provision of trust "beyond measure" is prohibited by the charter. I think the right to determine the representative weight of the delegate should be left to the electors, and only to them.
Instead of fixing the norms of representation in the charter on the principle of a quota of trust, I consider it useful to establish a quota for the minimum number of elected representatives. Thus, there should be at least a certain number of delegates, and each of them has its own representative weight (number of votes), equal to the number of gardeners who elected him.
It is easy to put into practice the proposed procedure for electing commissioners. The board issues each gardener with a personalized ballot with a list of candidates, in which the gardener enters the name of the candidate whom he sees as his representative at the meeting of representatives. Within the specified time, the completed ballots are handed over to the board. Voting is considered valid if more than 50% of the votes of the members of the partnership are cast in support of the nominees (in total for all candidates). In other words, the election of the commissioners is carried out by absentee voting using registered ballots, which, in general, does not contradict the Law No. 66-FZ of 15.04.1998.
The eligibility of the meeting of delegates should be measured on the basis of their representative weight. If in total the present delegates represent 51% of the gardeners, there is a quorum. Let the law No. 66-FZ of 15.04.1998. prescribes to determine the meeting of commissioners as competent in the presence of more than half of their total number, but I believe that for the condition of eligibility for representation weight and the legal condition will not be violated. Moreover, for obvious linkage with the law, you can simply expand the wording, and write in the charter as follows: "a meeting of authorized representatives is competent if they represent more than half of the votes of the members of the partnership and more than half of all authorized representatives are present at such a meeting".
Prior to holding meetings in the form of meetings of delegates, the relevant provisions must be introduced into the Charter, which may provide, among other things, a procedure for recalling delegates and monitoring their activities (voting and decision-making).
Dmitry Okhapkin, 2010-2013
1. The following issues fall within the exclusive competence of the general meeting of members of a horticultural, vegetable gardening and suburban non-profit association (meeting of authorized representatives):
1) amendments to the charter of such an association and additions to the charter or approval of the charter in new edition;
2) admission to membership of such an association and exclusion from its members;
3) determination of the quantitative composition of the board of such an association, election of members of its board and early termination of their powers;
4) election of the chairman of the board and early termination of his powers, unless otherwise provided by the charter of such an association;
5) election of members of the audit commission (inspector) of such an association and early termination of their powers;
6) election of members of the commission for monitoring compliance with legislation and early termination of their powers;
7) making decisions on the organization of representative offices, a mutual lending fund, a rental fund of such an association, on its entry into associations (unions) of horticultural, vegetable gardening or dacha non-profit associations;
8) approval of the internal regulations of such an association, including the conduct of a general meeting of members of such an association (meeting of authorized representatives); the activities of his board; the work of the auditing committee (auditor); the work of the commission for monitoring compliance with legislation; organization and activity of its representative offices; organization and activities of the mutual lending fund; organization and activities of the rental fund; internal regulations the work of such an association;
9) making decisions on the reorganization or liquidation of such an association, the appointment of a liquidation commission, as well as the approval of the interim and final liquidation balance sheets;
10) making decisions on the formation and use of the property of such an association, on the creation and development of infrastructure facilities, as well as setting the size of trust funds and the corresponding contributions;
11) setting the amount of penalties for late payment of contributions, changing the timing of making contributions by low-income members of such an association;
12) approval of the income and expense estimates of such an association and making decisions on its implementation;
13) consideration of complaints against decisions and actions of members of the management board, chairman of the management board, members of the audit commission (auditor), members of the commission for monitoring compliance with legislation, officials mutual credit fund and rental fund officials;
14) approval of reports of the board, the audit commission (auditor), the commission for monitoring compliance with legislation, the mutual lending fund, the rental fund;
15) encouragement of members of the board, the audit commission (auditor), the commission for monitoring compliance with the legislation, the mutual lending fund, the rental fund and members of such an association;
16) making a decision on the acquisition of a land plot related to common property, into the ownership of such an association;
17) approval of the lists of members of a horticultural, vegetable gardening or dacha non-profit association;
18) the distribution of formed or formed land plots between members of a horticultural, vegetable gardening or summer cottage non-profit association, to which land plots are provided in accordance with paragraph 3 of this Federal law, indicating the conditional numbers of land plots according to the land survey project;
19) approval of the project for the planning of the territory and (or) the project for surveying the territory of the horticultural, vegetable gardening or dacha non-profit association.
The general meeting of members of a horticultural, vegetable gardening or dacha non-profit association (a meeting of authorized representatives) has the right to consider any issues of the activities of such an association and make decisions on them.
1.1. Decisions on the issue specified in subparagraph 18 of paragraph of this article may not be adopted by a general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association held in the form of a meeting of authorized representatives.
2. A general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association (a meeting of authorized representatives) is convened by the board of such an association as necessary, but at least once a year. An extraordinary general meeting of members of such an association (a meeting of authorized representatives) shall be held by a decision of its board, at the request of the audit commission (auditor) of such an association, as well as at the proposal of a local self-government body or at least one fifth of the total number of members of such an association. An extraordinary general meeting of the members of such an association (a meeting of authorized representatives) on the issue of early termination of the powers of the chairman of the board of the corresponding association or early re-election of members of the board of the corresponding association may be held in the absence of a decision of the management board to hold this meeting, provided that the procedure for notifying the members of the relevant association established by this article is observed. holding this meeting.
The board of a horticultural, vegetable gardening or dacha non-profit association is obliged, within seven days from the date of receipt of a proposal from a local government body or at least one fifth of the total number of members of such an association, or a request by the audit commission (auditor) of such an association to hold an extraordinary general meeting of members of such an association (meeting authorized) to consider the said proposal or demand and decide on holding an extraordinary general meeting of members of such an association (meeting of authorized representatives) or on refusing to hold it.
The board of a horticultural, vegetable gardening or dacha non-profit association may refuse to hold an extraordinary general meeting of members of such an association (a meeting of authorized representatives) if the procedure for submitting a proposal or requesting to convene an extraordinary general meeting of its members (meeting of authorized representatives) established by the charter of such an association has not been observed.
In the event that the board of a horticultural, vegetable gardening or dacha non-profit association adopts a decision to hold an extraordinary general meeting of members of such an association (a meeting of authorized representatives), the said general meeting of members of a horticultural, vegetable gardening or dacha non-profit association (a meeting of authorized representatives) must be held no later than thirty days from the date receipt of a proposal or request for its implementation. In the event that the board of a horticultural, vegetable gardening or dacha non-profit association has decided to refuse to hold an extraordinary general meeting of members of such an association (a meeting of authorized representatives), it informs in writing the audit commission (auditor) of such an association or members of such an association or a local government body, requiring an extraordinary general meeting of members of a horticultural, vegetable gardening or dacha non-profit association (meeting of authorized representatives), on the reasons for refusal.
The refusal of the board of a horticultural, vegetable gardening or dacha non-profit association to satisfy the proposal or demand to hold an extraordinary general meeting of the members of such an association (meeting of authorized representatives), the auditing commission (auditor), members of such an association, local government body may appeal to the court.
Notification of members of a horticultural, vegetable gardening or dacha non-profit association about holding a general meeting of its members (a meeting of authorized representatives) can be carried out in writing (postcards, letters), by means of appropriate messages in the media, as well as by placing appropriate announcements on information boards located on the territory of such an association, unless a different notification procedure is established by its charter. A notice of a general meeting of members of such an association (a meeting of authorized representatives) shall be sent no later than two weeks before the date of its holding. The notice on the holding of a general meeting of members of such an association (meeting of authorized representatives) must indicate the content of the issues to be discussed.
A general meeting of members of a horticultural, vegetable gardening or dacha non-profit association (a meeting of authorized representatives) is legally competent if more than fifty percent of the members of such an association (at least fifty percent of authorized representatives) are present at the said meeting. A member of such an association has the right to participate in the voting personally or through his representative, whose powers must be formalized by a power of attorney certified by the chairman of such an association.
The chairman of the general meeting of members of a horticultural, vegetable gardening or dacha non-profit association (meeting of authorized representatives) is elected by a simple majority of votes of the members of such an association present at the general meeting.
Decisions on amendments to the charter of such an association and additions to its charter or on the approval of the charter in a new edition, exclusion from members of such an association, on its liquidation and (or) reorganization, appointment of a liquidation commission and on approval of the interim and final liquidation balance sheets are adopted by the general meeting members of such an association (by a meeting of authorized representatives) by a two-thirds majority.
Other decisions of the general meeting of members of a horticultural, vegetable gardening or dacha non-profit association (meeting of authorized representatives) are made by a simple majority of votes.
The decisions of the general meeting of members of a horticultural, vegetable gardening or dacha non-profit association (meeting of authorized representatives) shall be brought to the attention of its members within seven days after the date of the adoption of these decisions in the manner prescribed by the charter of such an association.
A member of a horticultural, vegetable gardening or dacha non-profit association has the right to appeal to the court against the decision of the general meeting of its members (meeting of authorized representatives) or the decision of the governing body of such an association that violate the rights and legitimate interests a member of such an association.
3. If necessary, the decision of the general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association may be made by absentee voting (by poll).
The procedure and conditions for holding absentee voting are established by the charter of a horticultural, vegetable gardening and dacha non-profit association and internal regulations on absentee voting, which should provide for the text of the absentee voting ballot, the procedure for informing the members of such an association of the proposed agenda, reviewing the necessary information and documents, making proposals on the inclusion of additional issues in the agenda, as well as indication of a specific deadline for the absentee voting procedure
If the agenda of the general meeting of members of a horticultural, vegetable gardening or dacha non-profit association includes the issues of amending the charter of the association or approving it in a new version, liquidation or reorganization of the association, approval of the income and expense estimates, reports of the board and the audit commission (auditor) of the association, on such issues of absentee voting (by poll) is not allowed, except for the case if the general meeting of the members of the association, which was held by the joint presence of the members of the association and the agenda of which included these issues, did not have the quorum provided for in paragraph seven of this article.