What needs to be taken into account when drawing up the charter of the TSN. Creation and registration of tsn. Chairman of the Board of the Partnership
A real estate owners' association is a relatively new form of non-profit organization.
It differs in its organizational and legal status and is created to unite property owners of various types.
What TSN is, what laws govern it and how this form of organization differs, you will learn after reading the article.
Article 123 of the Civil Code defines a partnership of real estate owners.
According to it, TSN is an association of real estate owners who, on a voluntary basis, create a partnership to organize joint ownership, use and disposal of real estate. It can also solve other problems that do not violate the law.
In this form, it is not only easier to keep records of real estate objects, but also to manage them. For example, residents who own apartments in an apartment building create a TSN to regulate cleanliness and order inside the building (lights on the floors, elevator operation, etc.) and in the area near it. Their goal is to provide comfortable living conditions.
This association is a legal entity whose members own real estate of the same type.
Partnership unites owners of any real estate:
- Premises (both residential and non-residential) in one building (or several).
- Residential or country houses.
- Dacha plots.
- Gardens or vegetable gardens.
Legislative regulation of the issue
Changes in the Civil Code that occurred in 2014 affected almost all owners (and not just legal entities), although the law does not oblige them to undergo the re-registration procedure.
TSN is regulated on the basis of the general legislative framework relating to real estate.
Among legislative acts related to this type of organization, the following are distinguished:
- Civil Code of the Russian Federation - articles 49, 65, 123, 174, 181,182 and 218.
- RF LC – Articles 135, 136, 143, 145, 149, 150, 152 and 161.
By the way, since 2014, there have been changes in the legislation, according to which SNT (horticultural non-profit partnerships) and (homeowners' partnerships) are now created in the form of TSN. 
Functions, tasks and goals of the organization
Functions in TSN distributed as follows:
the main task such an association is the organization of collective use of real estate. Thanks to a property owners' association, owners can manage it themselves without involving third parties (for example,).
Rights and obligations
The legal capacity of a real estate owners' association is enshrined in the main document - the organization's charter.
This form of legal the person has specific, separate property, which, if necessary, will be used to meet the obligations assumed.
So participants are not responsible for the actions of the organization:
- Neither subsidiary.
- Not in solidarity.
- Not a share.
The partnership takes over duty for the formation of supervisory and management bodies created to coordinate and make decisions by its members and other legal entities (for example, to carry out construction work or connect to the housing and communal services network). The main governing body of the association must make decisions on establishing mandatory contributions for members of the organization.
TSN can carry out business activities and receive income from it (according to the Civil Code of the Russian Federation), but under two conditions:
- This activity must meet the goals of the association (as enshrined in the charter).
- Profits cannot be distributed among members of the organization.
All actions of the organization must correspond to its goals and objectives. At the association have rights:
If the participants do not fulfill their obligations as set out in the charter or the decision of the meeting, the partnership may try in court to force them to fulfill their obligations, make payments or contributions. Also, the organization, in court, can demand from violators compensation for losses caused due to failure of members to fulfill their obligations.
TNS obliged:
- Conduct its activities within the framework of the norms established by law, as well as in accordance with its charter.
- Conclude contracts with third parties to perform specific work.
- Fulfill your obligations and monitor the sanitary and technical condition of the common property.
The owner becomes a member of TSN after he submits an application for entry there. You can leave the partnership by filing an application for withdrawal from it.
His members have the right:
- Request TSN for information about its activities.
- Participate in the activities of the association independently or by sending a proxy there (select and become a candidate for management positions, make proposals regarding improving the quality of work).
- If they do not agree with the decision of the governing bodies, they can appeal it in court.
- Familiarize yourself with the main documents of the organization.
- Demand from TSN the proper quality of services and work that they are obliged to carry out in accordance with the charter.
Registration procedure
IN charter union you need to specify it:
Members of TSN (and at the same time its founders) can be:
- Phys. persons who are owners of real estate designated as a public property.
- A legal entity that has the right to own, manage and manage the property of the partnership.
When joining an organization and filling out an application, the person who wishes to enter it provides information about himself. Later, this information will be entered into the register so that it can be established exactly what kind of real estate (share) belongs to this member. If there are any changes to the real estate or personal data have changed, the TSN participant will have to notify the board of the organization about this.
There are no strict and clearly defined requirements for the charter of a partnership in the legislation. The main thing is that its provisions do not violate the norms of the Housing and Civil Codes.
Advantages and disadvantages of such an association
Advantages associations of property owners as follows:
Flaws the associations are:
- It is not a universal organization with a legal status that will solve any problem. Much depends on the type of property itself. Not all owners should unite. For example, if the partnership consists of owners of unsafe housing or living in a building that requires major repairs, they are unlikely to be able to collect the required amount on time.
- There is a high risk of bankruptcy of the association. In this case, the owners will not be able to return their funds and contributions.
- TSN must obtain a license to conduct activities specified in the charter. This will take additional time, effort and money.
Distinctive features
Such an association of owners different from HOA the following features:
About the advantages of organizing this type of association of real estate owners, see the following video:
"APPROVED"
decision of the constituent assembly
owners of real estate at address(es):
G. ______________, ___________________,
Protocol No. ___ dated "___"__________ ____
CHARTERS of the Real Estate Owners Association "________________________________", _______________
1. GENERAL PROVISIONS
1.1. The Association of Real Estate Owners at the address: _________ ______________________________, hereinafter referred to as the "Partnership", is a voluntary association of citizens - owners of immovable property (real estate or several apartment buildings, residential buildings, country houses, gardening, vegetable gardening or summer cottage land plots, etc.) created by them for the joint use of property (things), by virtue of the law, which is in their common ownership and (or) in common use, created in accordance with the provisions of the Civil Code of the Russian Federation, other legislative and other regulations.
1.2. Full and short official name of the Partnership:
_______________________________________________________________;
_______________________________________________________________.
Location of the Partnership: ________________________________.
1.3. The Partnership is a non-profit organization that unites owners of real estate.
1.4. The partnership is created without limiting the period of activity.
1.5. The partnership is a legal entity from the moment of its state registration. The partnership has a seal with its name, settlement and other bank accounts, and other details.
1.6. The partnership is liable for its obligations with all its property. The Partnership is not liable for the obligations of the members of the Partnership. Members of the Partnership are not liable for the obligations of the Partnership.
2. SUBJECT AND GOALS OF THE PARTNERSHIP’S ACTIVITIES
2.1. To achieve the goals provided for by this Charter, the Partnership has the right to engage in economic activities. The subject of the Partnership’s activities is the joint use of property (things), by virtue of the law, which is in their common ownership and (or) in common use, and its management within the limits established by law, the disposal of common property (real estate or several apartment buildings, residential buildings, country houses , horticultural, vegetable gardening or summer cottage plots, etc.).
The main activities of the Partnership are:
1) ensuring the joint use of common property;
3) financing the joint use, maintenance, operation, development of common property, including accepting payments, paying for the services of resource suppliers and contractors, preparing documents for receiving subsidies, subsidies, attracting loans and borrowings;
4) registration of rights to real estate;
5) protection of common property, adjacent territory, property of property owners;
7) current or major repairs of the owners’ real estate and common property;
8) construction and reconstruction of real estate;
9) representing the interests of owners and owners of premises in relations with third parties on issues of the activities of the Partnership;
10) consulting owners and owners of premises on the activities of the Partnership;
11) lease and/or use of common property, premises, facades, building elements, adjacent territory;
12) maintaining a register of owners and possessors of real estate;
13) __________________________________________________________________. (other types of activities)
The Partnership may also carry out other types of activities that are not prohibited by the legislation of the Russian Federation and correspond to the goals of the Partnership.
Based on the decision of the General Meeting of Members of the Partnership, income from the economic activities of the Partnership is used to pay general expenses or is sent to special funds spent for the purposes provided for in this Charter. Additional income may be directed to other purposes of the Partnership’s activities provided for by this Charter or by decision of the General Meeting.
3. RIGHTS AND OBLIGATIONS OF THE PARTNERSHIP
3.1. The Partnership has the right:
1) conclude, in accordance with the legislation, an agreement for the management of common property and other agreements ensuring the management of common property;
2) determine the estimate of income and expenses for the year, including the necessary expenses for the maintenance and repair of common property, costs for major repairs and reconstruction, special contributions and deductions to the reserve fund, as well as expenses for other purposes established by this chapter and the Charter of the Partnership;
3) establish, on the basis of the accepted estimate of income and expenses for the year of the Partnership, the amounts of payments and contributions for each property owner in accordance with his share in the right of common ownership of common property;
4) perform work and provide services to property owners and owners;
5) use loans provided by banks in the manner and under the conditions provided for by law;
6) transfer material and monetary resources under contracts to persons performing work for the Partnership and providing services to the Partnership;
7) sell and transfer for temporary use, exchange property belonging to the Partnership.
3.2. In cases where this does not violate the rights and legitimate interests of property owners and owners, the Partnership also has the right to:
1) provide a part of the common property for use or limited use;
2) in accordance with the requirements of the law, in the prescribed manner, build on, rebuild part of the common property;
3) receive for use or receive or acquire land plots into the common shared ownership of real estate owners;
4) carry out, in accordance with the requirements of the law, the development of adjacent land plots on behalf and at the expense of property owners;
5) enter into transactions and perform other actions consistent with the goals and objectives of the Partnership;
6) insure property and common property objects managed or owned by the Partnership.
3.3. In the event that property owners fail to fulfill their obligations to participate in common expenses, the Partnership has the right in court to demand forced reimbursement of obligatory payments and contributions.
3.4. The partnership may demand in court full compensation for losses caused to it as a result of the failure of real estate owners to fulfill their obligations to pay mandatory payments and contributions and pay other general expenses.
3.5. The partnership is obliged:
1) ensure compliance with the requirements of the Civil Code of the Russian Federation, provisions of federal laws, other regulatory legal acts, as well as the Charter of the Partnership;
2) manage common property;
3) ensure proper sanitary and technical condition of common property;
4) ensure that all property owners fulfill their obligations for the maintenance and repair of common property in accordance with their shares in the right of common ownership of this property;
5) ensure compliance with the rights and legitimate interests of property owners when establishing the conditions and procedure for ownership, use and disposal of common property;
6) take measures necessary to prevent or stop actions of third parties that impede or interfere with the exercise of the rights of ownership, use and disposal of common property by real estate owners;
7) represent the legitimate interests of property owners related to the management of common property, including in relations with third parties;
8) fulfill obligations under contracts in the manner prescribed by law;
9) maintain a register of members of the Partnership.
4. PROCEDURE FOR JOINING AND WITHDRAWING A MEMBER OF THE PARTNERSHIP; CONTRIBUTIONS
4.1. Membership in the Partnership arises from the owner of the property on the basis of an application to join the Partnership.
4.2. Persons purchasing real estate in an apartment building (or several apartment buildings, in a village of residential buildings, in a horticultural, gardening, holiday village, etc.) in which the Partnership was created have the right to become members of the Partnership after they acquire ownership of the real estate.
4.3. Membership in the Partnership is terminated from the moment of filing an application to withdraw from the membership of the Partnership and/or from the moment of termination of the ownership rights of a member of the Partnership to real estate.
4.4. The register of members of the Partnership must contain information allowing to identify members of the Partnership and communicate with them, as well as information about the size of their shares in the right of common ownership of common property.
4.5. A member of the Partnership is obliged to provide the Board of the Partnership with reliable information provided for in paragraph 4.4 of this Charter, and promptly inform the Board of the Partnership about their changes.
4.6. When joining the Partnership, the property owner pays the entrance fee within __ (______) days from the date of submission of the application. The amount of the entrance fee is determined by the decision of the General Meeting.
4.7. Members of the Partnership systematically pay membership fees on time and in amounts determined by the estimate of income and expenses of the Partnership.
4.8. Members of the Partnership have the right to make voluntary contributions and other payments at any time.
4.9. In case of reorganization of a legal entity - a member of the Partnership or the death of a citizen - a member of the Partnership, their legal successors (heirs), purchasers of the property of a member of the Partnership under an agreement are included in the members of the Partnership from the moment the ownership of the specified property arises and the application is submitted.
5. PROPERTY OF THE PARTNERSHIP. FINANCING THE PARTNERSHIP'S ACTIVITIES
5.1. The Partnership may own movable property, as well as real estate located inside or outside an apartment building (or several apartment buildings, in a village of residential buildings, in a gardening, gardening, holiday village, etc.) in which the Partnership was created.
5.2. The funds of the Partnership consist of:
1) obligatory payments, entrance and other contributions of members of the Partnership;
2) income from the economic activities of the Partnership aimed at achieving the goals, objectives and fulfillment of the obligations of the Partnership;
3) subsidies for ensuring the operation of common property, carrying out current and major repairs, providing certain types of utilities and other subsidies;
4) other income.
5.3. Based on the decision of the General Meeting of members of the Partnership, special funds may be formed in the Partnership, spent on the purposes provided for in the Charter. The procedure for the formation of special funds is determined by the General Meeting of Members of the Partnership.
5.4. The Board of the Partnership has the right to dispose of the funds of the Partnership held in a bank account in accordance with the financial plan of the Partnership.
5.5. To achieve the goals provided for by this Charter, the Partnership has the right to engage in economic activities.
5.6. Based on the decision of the General Meeting of Members of the Partnership, income from the economic activities of the Partnership is used to pay general expenses or is sent to special funds spent for the purposes provided for in this Charter. Additional income not provided for in the estimate, by decision of the Board, may be directed to other purposes of the Partnership’s activities.
5.7. Members of the Partnership make mandatory payments and/or contributions related to the payment of expenses for maintenance, current and major repairs of common property, as well as payment for utilities. The procedure for making payments and contributions is approved by the Board.
5.8. Real estate owners who are not members of the Partnership pay fees for the maintenance and management of common property and for utilities in accordance with agreements concluded with the Partnership. The standard form of the agreement is approved by the Board of the Partnership.
5.9. The share of a member of the Partnership in the right of common shared ownership of common real estate (participation share) determines for each member of the Partnership his share in generally obligatory payments for the maintenance and repair of this property and other common expenses.
5.10. Non-use by a member of the Partnership of real estate belonging to him or refusal to use common property is not grounds for releasing the homeowner in whole or in part from participating in the general costs of maintaining and repairing common property.
6. RIGHTS OF MEMBERS OF THE PARTNERSHIP
6.1. A member of the Partnership has the right:
6.1.1. Independently, without coordination with other members of the Partnership, dispose of the real estate belonging to him.
6.1.2. Participate in the activities of the Partnership both personally and through your representative, as well as elect and be elected to the management bodies of the Partnership.
6.1.3. Make proposals to improve the activities of the Partnership and eliminate shortcomings in the work of its bodies.
6.1.4. Reimburse, at the expense of the Partnership, expenses incurred in connection with preventing damage to common property.
6.1.5. Receive from the Board, the Chairman of the Board of the Partnership, the audit commission (auditor) data on the activities of the Partnership, the condition of its property and expenses incurred.
6.1.6. Make payments for utilities through the current account of the Partnership, if such a decision is made by the General Meeting of Members of the Partnership.
6.1.7. Use, own, dispose of real estate belonging to him.
6.1.8. Attend meetings of the Board of the Partnership.
6.1.9. Exercise other rights provided for by legislative and other regulations and this Charter.
6.2. The rights of a member of the Partnership for the owners of premises arise from the moment they become members of the Partnership.
6.3. Rights of members of the Partnership and non-members of the Partnership of real estate owners:
6.3.1. Members of the Partnership and property owners who are not members of the Partnership have the right to receive from the management bodies of the Partnership information about the activities of the Partnership in the manner and to the extent established by the Charter of the Partnership, to appeal in court the decisions of the management bodies of the Partnership.
6.3.2. Members of the Partnership and property owners who are not members of the Partnership have the right to make demands on the Partnership regarding the quality of services provided and (or) work performed.
6.3.3. Members of the Partnership and property owners who are not members of the Partnership have the right to familiarize themselves with the following documents:
1) the Charter of the Partnership, amendments made to the Charter, certificate of state registration of the Partnership;
2) register of members of the Partnership;
3) accounting (financial) statements of the Partnership, estimates of income and expenses of the Partnership for the year, reports on the implementation of such estimates, audit reports (in the case of audits);
4) conclusions of the audit commission (auditor) of the Partnership;
5) documents confirming the Partnership’s rights to property reflected on its balance sheet;
6) minutes of General Meetings of members of the Partnership, meetings of the Management Board of the Partnership and the Audit Commission of the Partnership;
7) documents confirming the voting results at the General Meeting of members of the Partnership, including voting ballots, powers of attorney for voting or copies of such powers, as well as written decisions of property owners on issues put to vote during the General Meeting of real estate owners in form of absentee voting;
8) technical documentation for an apartment building (or several apartment buildings, residential villages, horticultural, gardening, summer cottage villages, etc.) in which the Partnership was created, and other documents related to the management of this building;
9) other internal documents of the Partnership provided for by the Civil Code of the Russian Federation, the Charter of the Partnership and decisions of the General Meeting of Members of the Partnership.
7. DUTIES AND RESPONSIBILITIES OF MEMBERS OF THE PARTNERSHIP
7.1. A member of the Partnership is obliged to:
Use the property for its intended purpose, subject to the restrictions established by current legislation;
Use common property objects only for their intended purpose, without violating the rights and interests of other owners in using these objects;
Fulfill the legal requirements of this Charter, decisions of the General Meeting of Members of the Partnership, the Board of the Partnership, the Chairman of the Board of the Partnership;
Bear responsibility for violation of obligations to manage the Partnership and/or to pay membership fees;
Comply with technical, fire and sanitary rules for the maintenance of apartment buildings (or several apartment buildings, residential villages, gardening, gardening, holiday villages, etc.) in which the Partnership was created, and the adjacent territory;
Participate in expenses and ensure payment of contributions necessary to cover costs associated with construction, reconstruction, maintenance, current and major repairs of common property, timely pay for utilities, make targeted contributions and special fees in the amount established by the General Meeting of Members of the Partnership. Make regular payments, contributions and fees no later than the _____ day of the month following the billing month;
Take independently, without appropriate approval from the Board and the General Meeting of the Partnership, the necessary measures to prevent damage to common property;
Provide access to authorized persons to real estate if it is necessary to maintain it in proper condition or the need to restore common property or to prevent possible damage that may be caused to real estate;
Eliminate, at his own expense, damage caused to the property of other owners or owners of real estate or to the common property of members of the Partnership by himself personally, as well as by any other persons using the real estate in accordance with agreements.
7.2. A member of the Partnership (or his representative), carrying out the alienation of real estate owned by him, is obliged, in addition to the documents established by civil law, to provide the acquirer with the following documents:
A copy of the Charter of the Partnership and information about its obligations to the Partnership;
Data on the presence or absence of debt in payment of expenses for the maintenance of real estate and common property;
Information about general property insurance;
Data from the current estimate and financial report for the previous period of the Partnership;
Details of any known capital expenditures that the Partnership plans to make over the next two years.
7.3. A member of the Partnership who systematically fails to fulfill or improperly fulfills his duties or who, through his actions, interferes with the achievement of the goals of the Partnership, may be brought to administrative or civil liability in the manner prescribed by law and this Charter.
8. CONTROLS
8.1. The General Meeting of Members of the Partnership is the supreme governing body of the Partnership and is convened in the manner established by this Charter.
8.2. The exclusive competence of the General Meeting of Members of the Partnership includes:
1) determination of priority areas of activity of the Partnership, principles of formation and use of its property;
2) adoption and amendment of the Charter of the Partnership;
3) determining the procedure for admission to membership of the Partnership and exclusion from its members, except in cases where such a procedure is determined by law;
4) election of members of the Management Board of the Partnership, and in cases provided for by this Charter, also the Chairman of the Management Board of the Partnership from among the members of the Management Board of the Partnership, early termination of their powers;
5) approval of annual reports and balance sheets of the Partnership, if the charter of the Partnership in accordance with the law does not fall within the competence of other collegial bodies of the Partnership;
6) making decisions on the creation of other legal entities by the Partnership;
7) making decisions on the participation of the Partnership in other legal entities and on the creation of branches and opening representative offices of the Partnership;
8) making decisions on the reorganization and liquidation of the Partnership, on the appointment of a liquidation commission (liquidator) and on approval of the liquidation balance sheet;
9) election of the audit commission (auditor) and appointment of an audit organization or individual auditor (professional auditor) of the Partnership;
10) establishing the amount of mandatory payments and contributions for members of the Partnership;
11) approval of the procedure for the formation of the Partnership’s reserve fund, other special funds of the Partnership (including funds for current and major repairs of common property) and their use, as well as approval of reports on the use of such funds;
12) making a decision on obtaining borrowed funds, including bank loans;
13) determining the directions for using income from the economic activities of the Partnership;
14) approval of the annual plan for the maintenance and repair of common property, a report on the implementation of such a plan;
15) approval of estimates of income and expenses of the Partnership for the year, reports on the implementation of such estimates, audit reports (in case of audits);
16) approval of the annual report on the activities of the Management Board of the Partnership;
17) consideration of complaints against the actions of the Board of the Partnership, the Chairman of the Board of the Partnership and the audit commission (auditor) of the Partnership;
18) adoption and amendment, upon the proposal of the Chairman of the Board of the Partnership, of the internal regulations of the Partnership in relation to employees whose responsibilities include the maintenance and repair of common property, provisions on the payment of their labor, approval of other internal documents of the Partnership by the Charter of the Partnership and decisions of the General Meeting of Members of the Partnership;
19) determining the amount of remuneration for members of the Management Board of the Partnership, including the Chairman of the Management Board of the Partnership;
20) other issues provided for by federal laws.
8.3. The general meeting of members of the Partnership has the right to resolve issues that fall within the competence of the Management Board of the Partnership.
8.4. Notification of the General Meeting of members of the Partnership is sent in writing by the person on whose initiative the General Meeting is convened, and is given to each member of the Partnership against signature or by mail (registered mail). The notification is sent no later than ten days before the date of the General Meeting.
8.5. The notice of the General Meeting of members of the Partnership shall indicate information about the person on whose initiative the General Meeting is convened, the place and time of the meeting, and the agenda of the General Meeting. The general meeting of members of the Partnership does not have the right to bring up for discussion issues that were not included in the agenda.
8.6. The general meeting of members of the Partnership is valid if it is attended by members of the Partnership or their representatives holding more than fifty percent of the votes of the total number of votes of the members of the Partnership.
8.7. Decisions of the General Meeting of members of the Partnership on subclauses 2, 4, 6, 7, 8, 9, 10 of clause 8.2 of this Charter are adopted by at least two-thirds of the votes of the total number of votes of the members of the Partnership. Decisions on other issues are made by a majority vote of the total number of votes of the members of the Partnership or their representatives present at the General Meeting.
8.8. The general meeting of members of the Partnership is chaired by the Chairman of the Board of the Partnership or his deputy. In case of their absence, the General Meeting is chaired by one of the members of the Board of the Partnership.
8.9. The decision of the General Meeting of Members of the Partnership may be adopted by absentee voting in the following order: _______________. (via email, mail, etc.)
8.11. If the property belongs to several owners under the right of common ownership, they may decide to have one of them represent common interests in the Partnership.
9. BOARD OF THE PARTNERSHIP. CHAIRMAN OF THE BOARD OF THE PARTNERSHIP
9.1. The Board of the Partnership is the executive body of the Partnership, accountable to the General Meeting of Members of the Partnership. The management of the activities of the Partnership is carried out by the Board of the Partnership.
9.2. The Board of the Partnership has the right to make decisions on all issues of the Partnership’s activities, with the exception of issues falling within the exclusive competence of the General Meeting of Real Estate Owners and the competence of the General Meeting of Members of the Partnership.
9.3. The Board of the Partnership, consisting of _____ people, is elected from among the members of the Partnership by the General Meeting of Members of the Partnership for 2 (two) years.
9.4. A member of the Management Board may not delegate his or her powers to another person.
9.5. A member of the Management Board of the Partnership cannot be a person with whom the Partnership has entered into an agreement for the management of common property, or a person holding a position in the management bodies of the organization with which the Partnership has concluded the said agreement, as well as a member of the audit commission (auditor) of the Partnership. A member of the Management Board of the Partnership cannot combine his activities on the Management Board of the Partnership with work in the Partnership under an employment contract, as well as entrust, trust another person or otherwise entrust him with the performance of his duties as a member of the Management Board of the Partnership.
9.6. The Chairman of the Board of the Partnership convenes meetings of the Board of the Partnership at least once every three months according to schedule.
The first meeting of the Board, organized after the annual General Meeting of members of the Partnership, is held no later than 10 days after the meeting.
Regular meetings of the Board may be held as scheduled or convened by the Chairman of the Board of the Partnership at a time and place to be determined from time to time by a majority of the members of the Board.
If meetings are not held as scheduled, notice of them must be sent to each member of the Board by mail or delivered in person no later than three business days before the date of the meeting.
Members of the Partnership have the right to freely attend any meetings of the Board.
9.7. The Board of the Partnership is competent to make decisions if at least fifty percent of the total number of members of the Board of the Partnership is present at a meeting of the Board of the Partnership.
Decisions of the Board of the Partnership are adopted by a simple majority of votes from the total number of votes of the members of the Board present at the meeting, unless a larger number of votes for making such decisions is provided for by this Charter.
Decisions made by the Board of the Partnership are documented in the minutes of the meeting of the Board of the Partnership and signed by the Chairman of the Board of the Partnership, the secretary of the meeting of the Board of the Partnership.
9.8. The responsibilities of the Partnership Board include:
1) ensuring compliance by the Partnership with legislation and the requirements of the Charter of the Partnership;
2) control over the timely payment by members of the Partnership of established mandatory payments and contributions;
3) drawing up estimates of income and expenses for the corresponding year of the Partnership and reports on financial activities, submitting them to the General Meeting of Members of the Partnership for approval;
4) management of common property or concluding agreements for its management;
5) hiring workers to maintain common property and dismissing them;
6) concluding contracts for the maintenance, operation and repair of common property;
7) maintaining the register of members of the Partnership, office work, accounting and financial reporting;
8) convening and holding a General Meeting of members of the Partnership;
9) fulfillment of other duties arising from this Charter.
9.9. The Chairman of the Board of the Partnership ensures the implementation of decisions of the Board and has the right to give instructions and orders to all officials of the Partnership, the execution of which is mandatory for these persons.
9.10. The Chairman of the Board of the Partnership is elected by the General Meeting of Members of the Partnership from the Board of the Partnership for a period of __ (___) years.
9.11. The Chairman of the Board of the Partnership acts without a power of attorney on behalf of the Partnership, signs payment documents and makes transactions that, in accordance with the law, the charter of the Partnership, do not require mandatory approval by the Board of the Partnership or the General Meeting of Members of the Partnership, develops and submits for approval to the General Meeting of Members of the Partnership the internal regulations of the Partnership in relation to employees whose responsibilities include the maintenance and repair of common property, regulations on remuneration for their labor, approval of other internal documents of the Partnership provided for by the Civil Code of the Russian Federation, the Charter of the Partnership and decisions of the General Meeting of Members of the Partnership.
9.12. When concluding an agreement with a management organization, the Board of the Partnership transfers its functions to this management organization.
10. AUDIT COMMISSION (AUDITOR) OF THE PARTNERSHIP
10.1. The Audit Commission (auditor) of the Partnership is elected by the General Meeting of Members of the Partnership for no more than two years. The audit commission of the Partnership cannot include members of the Management Board of the Partnership.
10.2. The Audit Commission of the Partnership elects the Chairman of the Audit Commission from among its members.
10.3. Audit Commission (auditor) of the Partnership:
1) conducts audits of the financial activities of the Partnership at least once a year;
2) presents to the General Meeting of members of the Partnership a conclusion based on the results of the audit of the annual accounting (financial) statements of the Partnership;
3) presents to the General Meeting of members of the Partnership a conclusion on the estimate of income and expenses for the corresponding year of the Partnership and a report on financial activities and the amount of mandatory payments and contributions;
4) reports to the General Meeting of members of the Partnership on its activities.
11. REORGANIZATION AND LIQUIDATION OF THE PARTNERSHIP
11.1. The reorganization of the Partnership is carried out on the basis and in the manner established by civil law.
11.2. The partnership can be transformed into a consumer cooperative.
11.3. Liquidation of the Partnership is carried out on the basis and in the manner established by civil law.
The general meeting of real estate owners is obliged to make a decision on the liquidation of the Partnership if the members of the Partnership do not have more than fifty percent of the votes of the total number of votes of real estate owners.
11.4. Upon liquidation of the Partnership, real estate and other property remaining after settlements with the budget, banks and other creditors are distributed among the members of the Partnership in proportion to their share of participation in the Partnership.
I affirm:
Chairman of the Board
A.A.Prokutin
"_____"___________20_____
CHARTER
Property Owners Associations
"Traktorosad No. 3"
Chelyabinsk region, Chelyabinsk city, Traktorozavodsky district, Churilovo village.
(Approved by the general meeting of members of TSN “Traktorosad No. 3” dated 02.02.2019)
Chelyabinsk-2019
Chapter 1. General provisions.
Article 1. Formation of a partnership
1. The partnership was formed on a land plot in accordance with:
1) Decision of the State Executive Committee No. 295-1 of 08/31/66. On the allotment of a land plot - area -180 hectares. gardening partnership "Traktorosad No. 3" - for organizing collective gardening.
2) Decision No. 272-25 of June 22, 1984. – On the allocation of additional land - Area: 2 hectares.
3) Decision No. 126-1 dated April 2, 1985. - On the allocation of additional land for the expansion of the Traktorosad No. 3 station area - 8 hectares.
4) No. 138-17 dated April 18, 1991 – On permission for the Traktorosad No. 3 partnership to design a vegetable storage facility on an additional plot of land in the Traktorozavodsky district of Chelyabinsk. area - 1.6 hectares.
5) Resolution No. 1003 of October 8, 1992 - On the expansion of the garden - area - 75 hectares.
6) Resolution No. 400 of February 30, 1993 - On the allocation of actual use of a land plot - area - 51 hectares.
2. Resolution No. 475-8 of June 10, 1993 - Head of the Administration of the Traktorozavodsky District, Chelyabinsk - Consider SNT "Traktorosad No. 3" as the legal successor of the rights and obligations of the Gardening Partnership of Workers and Employees of the Production Association "Chelyabinsk Tractor Plant named after V.I. Lenin.
Issued by the Administration of the Traktorozavodsky district of Chelyabinsk.
1) Name of the enterprise Gardening Partnership "Traktorosad No. 3".
2) Organizational and legal form General share.
3) Administration resolution 475-8 dated June 10, 1993.
4) Legal address (at the time of registration) 454007, Chelyabinsk, Lenin Ave. 8.
4. The partnership was registered with the tax authority as a legal entity in the Traktorozavodsky district of Chelyabinsk in 2002, state registration number (OGRN) - 1027403778588
5. TSN “Traktorosad No. 3” was created in accordance with: Federal Law dated 05.05.2014 N 99-FZ (as amended on 28.11.2015) “On amendments to Chapter 4 of Part 1 of the Civil Code of the Russian Federation and on the recognition as invalid of certain provisions of legislative acts of the Russian Federation" And
6. Organizational and legal form: partnership of real estate owners.
7. Type of activity - gardening.
8. Full official name of the Partnership: Partnership of Real Estate Owners “Traktorosad No. 3”
9. Abbreviated name of the partnership: TSN “Traktorosad No. 3”.
10. The territory of gardening of TSN “Traktorosad No. 3” is:
1) Public land plots area sq.m . – 534385+\-256,
cadastral number - 74:36:0209002:9905 is jointly owned by the members of the partnership.
In accordance with the norms of the civil legislation of the Russian Federation and the norms of Federal Law No. 217 of July 29, 2017, the disposal of common property is carried out with the consent of all owners, while a member of the partnership (owner) not entitled carry out an allocation in kind, alienate one’s share in the right of common ownership of property in common use, as well as perform other actions entailing the separate transfer of a share in the right of common ownership.
2) Garden land plots (SZU)) provided to a citizen for gardening or acquired by him as property for growing fruit, berry, vegetable and other agricultural crops, as well as for recreation, with the right to erect a residential building (with the right to register residence in it if there is an appropriate legislative framework) and economic buildings and structures.
SZU is designed to satisfy socio-economic needs citizens and performs two functions: it is a place for growing gardening and agricultural products and a country recreation center.
The use of land plots in the Partnership is paid: the owner of the land plot independently pays the land tax, and the Partnership pays the tax for public land plots.
Payment of land tax depends on the area of the land plot and its cadastral value.
Transactions with garden land plots recognize the actions of citizens aimed at establishing, changing or terminating land and other rights in accordance with the Civil Code.
Owners of land plots have the right to sell them and dispose of them, if the land plots are not excluded from circulation or are not limited in circulation on the basis of law.
When making transactions with SZU changing their intended purpose and permitted use is not permitted.
The sale by the owners of their SZU is carried out with mandatory prior notification of this to the Board of the Partnership and only upon full repayment of their debt on taxes, contributions and other payments.
Owners of SZU have the right to sell them, donate them, pledge them, lease them, use them for a fixed-term use, exchange them, enter into an annuity agreement or a lifelong maintenance agreement with a dependent, and also voluntarily abandon them.
SZU owned by citizens are inherited by law and by will.
11. Termination of ownership of SZU.
The grounds for termination of ownership of garden land plots are:
Alienation by the owner of his plot to other persons;
Refusal of the owner's right of ownership of the site;
Forced confiscation from the owner of his land in the manner and on the grounds provided for by civil law.
According to Art. 35 of the Constitution of the Russian Federation, provisions of civil and land legislation, a member of the TSN can be deprived of the right of ownership of the SZU only by a court decision.
12. The grounds for forced termination of rights to SZU in accordance with Art. Art. 284-286 Civil Code of the Russian Federation and Art. 45 of the Land Code of the Russian Federation are:
1) use of protective equipment not in accordance with its intended purpose;
2) failure to use the protective equipment for its intended purpose for two years without objective valid reasons;
3) use of plant protection systems in ways that lead to a significant decrease in land fertility or significant deterioration of the environmental situation;
4) failure to eliminate the following land offenses committed intentionally: poisoning, pollution, damage or destruction of fertile soil, resulting in harm to human health or the environment;
5) systematic failure to implement mandatory measures to improve land and protect soils from wind and water erosion;
6) systematic failure to pay land tax (with the consent of the owner or in court);
7) seizure of a land plot for state needs.
13. Local government bodies have the right to make decisions on the seizure of SZU administratively on the grounds specified in Art. Art. 284-285 of the Civil Code of the Russian Federation, which are in accordance with paragraph 2 of Art. 286 of the Civil Code of the Russian Federation.
14. The decision to confiscate the land plot due to improper use of this site does not relieve the TSN member from liability for compensation for damage caused to him as a result of committing land offenses.
15. Location at the address: Chelyabinsk city, Traktorozavodsky district, village. Churilovo.
16. The land plot of the partnership belongs to the lands of populated areas.
17. The partnership was created without limiting the period of activity.
18. The Partnership is a non-profit organization based on membership.
19. The partnership is considered created and acquires the rights of a legal entity from the moment of its state registration and has separate ownership property, an estimate of income and expenses, a seal with the full name of the Partnership, has the right, in the prescribed manner, to open bank accounts in the Chelyabinsk region, have stamps and forms with its name, and other details.
20. The founding document of the Partnership is:Charter , approved by the general meeting of members of the Partnership.
21. The partnership is liable for its obligations with all its property. The Partnership is not liable for the obligations of its members. TSN members are not liable for the obligations of their Partnership.
Article 2 Organizational and legal form of the Partnership
1. TSN “Traktorosad No. 3” has an organizational and legal form - Real Estate Owners Association.
2. Type of activity - gardening
3. The partnership is a non-profit organization, including a non-profit partnership, in accordance with the Federal Law “On non-profit organizations" - Federal Law No. 7-96g., Federal Law "On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation" dated July 29, 2017 N 217-FZ (hereinafter referred to as FZ-217) an organization is recognized that does not have profit generation as the main goal of its activities
Article 3 Legal status T camaraderie
1. The partnership is considered created and acquires RIGHT OF A LEGAL ENTITY from the moment of its state registration.
2. The executive body of the Partnership is Governing body.
3. Type of activity – gardening.
4. The partnership has a bank account, an income and expense estimate, a seal with the full name of the organization, and may have a stamp and forms with its name, including membership books of members of the partnership.
5. Within the land allotment of TSN “Traktorosad No. 3” there are public land plots and utility buildings and structures for common use, which are jointly owned by citizens - members of the Partnership (they are disposed of by the general meeting of TSN members) and other property of common use.
6. In its activities, TSN “Traktorosad No. 3” is guided by the Constitution of the Russian Federation, Federal Law-217 dated July 29, 2017. “On the conduct by citizens of gardening and vegetable gardening for their own needs and on amendments to certain legislative acts of the Russian Federation”, “On non-profit organizations”, civil, land, administrative, urban planning, environmental, criminal and other legislation, other regulatory acts of the country, legislative and other regulatory acts of the Chelyabinsk region, regulatory acts of the district administration and this Charter.
7. In their activities, the Partnership, officials of its executive and control bodies, members of TSN are obliged to strictly observe the principles of legality, social justice, self-government, democracy and openness, voluntary association and equality, responsibility for achieving statutory goals and solving common social and economic problems.
8. Interference in the activities of the Partnership by state, regional and municipal bodies is permitted only in cases, directly provided for by the legislation of the Russian Federation.
9. Duration of the Partnership’s activities is not limited.
Article 4. Conducting gardening on land plots located within the boundaries of the gardening territory without participation in the partnership.
1. Gardening on garden plots of land located within the boundaries of the gardening territory, without participation in the partnership, can be carried out by owners of land plots who are not members of the partnership.
2. Persons specified in clause 4.1. of the Charter, has the right to use common property located within the boundaries of the gardening territory, on equal terms and to the extent established for members of the partnership.
3. Persons specified in clause 4.1. of the Charter, are required to pay a fee for the acquisition, creation, maintenance of public property, current and major repairs of capital construction projects related to public property and located within the boundaries of the gardening territory, for the services and work of the partnership in managing such property in the manner established by this charter and Federal Law-217 for payment of contributions by members of the partnership.
4. In case of failure to make contributions within the time limits established by the Charter and the decision of the general meeting of members of the partnership, these contributions are collected by the partnership in court.
5. Persons specified in 4.1. of the Charter have the right to take part in general meetings of members of the partnership and vote only on issues specified in Federal Law-217 in paragraphs 4-6,21, and 22 in Part 1 of Article 17; on other issues, voting decisions are not made by the general meeting of members of the partnership.
6. On other issues, the persons specified in 4.1 of the Charter interact in accordance with Federal Law 217.
Chapter 2. Creation of a partnership.
Article 5. Purposes of the creation and activities of the partnership.
A partnership may be created and has the right to carry out its activities for joint ownership, use and, within the limits established by federal law, disposal by citizens of common property that is in their common shared ownership or in common use, as well as for the following purposes.
The subject of activity of TSN "Traktorosad No. 3" is to assist members of the Partnership in solving common social and economic problems gardening, protection of their rights and legitimate interests.
The main goals of the Partnership are:
1. Ensuring the management of the common property of the members of the partnership, transferred to the management of the Partnership for their common use, including the conclusion of contracts for the performance of work and the provision of services relating to such property;
2. Monitoring the fulfillment of obligations under concluded contracts, maintaining accounting and technical documentation for common property of partnership members transferred to the management of the Partnership, as well as for property in common use of members of the partnership, planning work and services for the maintenance and repair of such property, establishing facts of non-provision of services;
3. Implementation of planned financing for the purpose of use, maintenance, operation and development of the common property of the members of the partnership, transferred to the management of the Partnership, which is in their common use;
4. Representation of the legitimate interests of the members of the partnership in judicial, state authorities and local governments relating to the common property of the members of the partnership transferred to the management of the Partnership and which is in their common use.
5. The Partnership, as a non-profit organization, does not set profit-making as the main goal of its activities. The Partnership has the right to carry out business activities only insofar as it serves to achieve the goals of the Partnership provided for by the legislation of the Russian Federation and thisCharter.
6 . Income received by the Partnership from economic activities is not subject to distribution between members and Partnerships and are used to pay general expenses, as well as for other purposes, provided for by this Charter and decisions of the general meeting of members of the Partnership.
7. The Partnership, being a legal entity, may own and lease: Land plots, buildings, structures, transport, equipment, inventory, funds and other property necessary to materially support the activities of the Partnership specified in this Charter.
The property of the Partnership may consist of:
Property that is the joint property of its members.
Property that is the joint property of the owners of land plots located within the boundaries of the Partnership’s gardening operations.
Property owned by the Partnership as a legal entity.
Property leased by the Partnership as a legal entity.
Property of common use acquired or created by the Partnership at the expense of contributions from members of the Partnership is the joint property of its members.
The sources of formation and maintenance of the Partnership's property in cash are membership fees of members of the Partnership and payments of persons engaged in gardening without participation in the partnership.
Article 6. Partnership as a legal entity
The Partnership has the right to carry out actions necessary to achieve the goals provided for in Chapter. II of this Charter:
1. acquire and exercise property and non-property rights;
2. open current accounts in banks
3. conclude, change and terminate business transactions;
4. hire and fire employees;
5. contact state authorities and local governments for support (assistance) of TSN and its members in the development of horticulture and solving social and economic problems;
6. participate in decision-making by government bodies concerning the rights and legitimate interests of TSN and its members, by delegating a representative to their meetings;
7. act as plaintiff and defendant in courts of general jurisdiction and arbitration courts;
8. apply to the courts to invalidate (in whole or in part) acts of state authorities and local governments that violate the rights and legitimate interests of TSN and its members or violations of these rights and interests by officials;
9. exercise other powers that do not contradict current legislation.
Article 7. Solving the main social and economic problems and responsibility of the partnership.
To solve social and economic problems, the partnership is obliged to:
1. carry out effective financial and economic activities;
2. technically competently operate utility networks, roads, other infrastructure, communications and transport facilities necessary to ensure collective gardening;
3. organize work on improvement and landscaping of the territory of TSN; annually, especially at the beginning and end of the gardening season, carry out collective work to clean the area from household waste and weeds, to ensure environmental, sanitary and fire safety
4. ensure the protection of the property of TSN and its members, as well as the maintenance of public order on the territory of TSN.
Chapter 3 .Membership in the partnership.
Article 9. Rights and obligations of a member of the Partnership.
A member of the Partnership has the right:
1. To elect and be elected to the management bodies of the Partnership;
3. Receive information about the activities of the executive and control bodies of the Partnership;
4. Independently manage your land plot in accordance with its intended purpose and permitted use;
5. Voluntarily terminate membership in the Partnership.
6. Appeal decisions of the partnership bodies that entail civil law consequences, in cases and in the manner provided for by current legislation.
7. Submit applications (appeals, complaints) to the bodies of the partnership in the manner established by this Federal Law-217 and the Charter of the Partnership.
A member of the partnership is obliged:
8. Do not violate the rights of other members of the Partnership and persons engaged in gardening on land plots located within the boundaries of the gardening territory, without participating in the partnership.
9. Execute decisions made by the chairman of the board and the board of the partnership, within the powers established by current legislation or assigned to them by the general meeting of members of the partnership.
10. Bear responsibility for violation of obligations to participate in the management of the Partnership, to make mandatory payments and other contributions.
11. Timely make mandatory payments, contributions established by the decisions of the general meeting of members of the Partnership, the estimate of income and expenses of the Partnership provided for by Federal Law.
12. Comply with other obligations related to the implementation of activities within the boundaries of the gardening territory established by the current legislation and the charter of the Partnership.
Article 10. Grounds and procedure for admission to membership of the partnership
Members of the partnership can only be individuals.
1. Acceptance as a member of the partnership is carried out on the basis of an application from the owner of a garden plot located within the boundaries of the gardening territory, which is submitted to the board of the partnership for submission to the general meeting of members of the partnership.
2. The day of admission as a member of the partnership of a person who submitted the specified application in Part 2.Article 12 of Chapter 3 of Federal Law-217 is the day the corresponding decision was made by the general meeting of members of the partnership.
3. The application for admission to membership of the Partnership must indicate:
1) Full name applicant.
2) registration address.
3) postal address for receiving postal messages.
4) email address
5) the applicant’s consent to comply with the requirements of the partnership’s charter.
6) consent to the processing of personal data.
4. Attached to the application are copies of documents on the rights to the garden plot of land located within the boundaries of the gardening territory and the buildings on it.
5. A member of the partnership is obliged to provide the board of the partnership with reliable personal data and promptly inform the board of the partnership about the change within 10 calendar days.
6. The Partnership is not responsible for the consequences of failure by a member of the partnership to receive legally significant messages, including the date of the meeting of members of the partnership, provided that the member of the Partnership fails to timely provide information about his permanent location, different from the information contained in the register of members of the Partnership.
7. The acquisition of membership of a partnership may be refused if the person who submitted the application for membership:
1) There was a previous expulsion from members of the partnership due to a violation of obligations regarding the timely payment of contributions and payments and did not eliminate the specified violation.
2) Is not the owner of a land plot located within the boundaries of the gardening territory.
3) Did not provide documents for the land plot.
4) Provided an application that did not meet the requirements provided for by law and the charter of the partnership.
8. Within 3 months from the date of admission to membership of the Partnership, the Board of the Partnership is obliged to issue a membership book to a member of the Partnership.
9. Gardener's membership card is a document confirming membership in the Partnership. The following data is entered into it:
1) Full name, road and plot number, area of the garden plot of land, mark on making a designated contribution.
2) The membership book is certified by the seal and signature of the Chairman of the Board.
10. In the absence of the above, the membership book is considered invalid.
Article 11. Grounds and procedure for termination of membership in the partnership.
Membership in a partnership may be terminated voluntarily or forcibly, as well as in connection with the termination of a member of the partnership’s rights to a garden or vegetable plot of land belonging to him or in connection with the death of a member of the partnership.
1. Retirement from members of TSN may occur as a result of voluntary withdrawal from members of the Partnership .
2. Voluntary withdrawal from TSN members is carried out by submitting a written application to the TSN board. The gardener is not a member of the partnership from the date of filing an application to withdraw from the partnership.
3. From the date of death of a citizen who was a member of the Partnership.
4. From the date established by the general meeting of members of the Partnership by decision on the exclusion of a citizen from membership due to non-payment of contributions.
5. Termination of membership in connection with the alienation of a land plot located on the territory of the Partnership.
6. A member of the Partnership may be expelled from the Partnership (in accordance with Article 13, clause 4.5 of Federal Law-217) in case of failure to pay membership fees and payments approved by the general meeting of members of the Partnership, in full or in part by more than 2 month. (due date for payment of fees is July 1 of the current year).
7. In connection with the termination of membership (both voluntary and by decision of the general meeting of members of the Partnership), including in connection with the alienation of a land plot located on the territory of the Partnership, does not exempt from the fulfillment of civil obligations to the partnership and payment obligations contributions and payments arising before the termination of membership, alienation of the land plot.
8. Without fail, within 10 days from the date of termination of rights to the plot belonging to him, a citizen must notify the gardening board about this in writing (FZ-377 dated 07/03/2016).
9. In case of failure to comply with the requirement established by Part 10.Article 13., Chapter 3 of Federal Law-217 and the charter of the partnership, the former member of the partnership bears the risk of attributing to him the expenses of the partnership associated with the lack of information from the board of the partnership about the termination of his membership in the partnership.
Article 12 Contributions of members of the partnership.
1. Contributions - funds contributed by members of the Partnership to the settlement account of the Partnership for the purposes and in the manner determined by the Charter, the decision of the general meeting of members of the Partnership and current legislation.
2. Contributions from members of the partnership may be of the following types: : membership and target.
Membership fee are established by a decision of the general meeting of members of the partnership and are deposited exclusively into the current account of the partnership; contributions can be used exclusively for expenses related to:
1) with the maintenance of the partnership’s common property.
2) with the implementation of settlements with organizations supplying electrical energy (public electricity), water disposal on the basis of agreements concluded with these organizations.
3) with the implementation of settlements with the operator for the management of solid household waste, on the basis of an agreement concluded by the Partnership.
4) with the improvement of public land plots.
5) with the protection of the gardening territory.
6) with the payment of wages to persons with whom the Partnership has entered into employment contracts.
7) with payment for services and work to persons with whom civil agreements have been concluded.
8) with re-registration of documents in connection with a change of owner.
9.) with the costs of office supplies and office equipment.
10) with the rental of premises, including the organization and holding of general meetings of members of the Partnership, and the implementation of decisions of these meetings.
11) with the payment of taxes and fees related to the activities of the partnership, in accordance with the legislation on taxes and fees.
12) with payment for other contracts not provided for in this article concluded by the partnership for the activities of the partnership.
Targeted contributions are contributed by members of the partnership, gardeners who conduct gardening without participating in the partnership, to the current account of the partnership by decision of the general meeting of members of the partnership, determining their amount and deadline for depositing, in the manner established by the charter of the partnership, and can be used for expenses exclusively related to:
1) with the creation or acquisition of common use property necessary for the activities of the partnership:
2) with the modernization and major repairs of the common property of the members of the partnership, provided for by the decision of the general meeting of the members of the partnership.
3) with carrying out cadastral work for the purpose of entering into the Unified State Register of Real Estate information about garden plots, general purpose land plots, and other real estate objects related to public property.
3. Payments by persons engaged in gardening, without participation in the partnership, payment for the acquisition, creation of common property, current and major repairs of capital construction projects related to common property and located within the boundaries of the gardening territory, for the services and work of the partnership for the management of such property , deposited into the current account of the Partnership.
4. The total annual fee for persons engaged in gardening without participation in the partnership is equal to the total annual amount of target and membership fees for a member of the partnership, calculated in accordance with the charter of the partnership, the decision of general meetings of members and current legislation.
5. The amount of contributions is determined on the basis of the partnership’s income and expenditure estimates and the financial and economic feasibility study approved by the general meeting of the partnership’s members.
6. The income and expense estimate is prepared for the financial year (for the period from January to December).
7. The financial and economic justification for the amount of contributions is approved by a decision of the general meeting of members of the partnership and serves to determine the amount of contributions, depending on the area of land plots of the copyright holders, taking into account possible planned revenues (the partnership has abandoned plots - debtors with many years of experience)).
8. Membership fees are paid to the current account of the Partnership by June 31(current year), in the amount established by the general meeting of members of the Partnership.
9. In case untimely or not paying the full membership fee from July 01 (current year) – an increased payment of contributions is established, adopted by a decision of the general meeting of members of the Partnership.
10. The Partnership manages the funds of the Partnership located in the bank account in accordance with the approved estimate of the Partnership.
11. Expenditure of funds is carried out strictly according to accounting documents (pay slips and expense orders), signed by the chairman of the board and accountant and affixed with the seal of the Partnership.
Advertisement attaching the relevant permits and supporting documents approved by the board (or chairman of the board).
13. Payment of wages to persons working in the Partnership under employment agreements (contracts) is carried out in accordance with official salaries determined in the staffing table. Wages are paid to the worker’s bank card.
14. The Partnership makes payments for its obligations by bank transfer.
15. The funds of the Partnership are stored in the bank account of the Partnership, with the exception of amounts issued for reporting to the employees of the Partnership.
16. The validity of the annual pass for the passage and entry of vehicles into the territory of the partnership or fruit/vegetable storage facilities ends June 01 ( current year).
17. Passes are issued in the absence of arrears in fees and payments.
18. The presence or absence of membership in the Partnership, non-use by the owner of the land plot, refusal to use common property is not a basis for exemption, in whole or in part, from participation in the general costs of maintaining, repairing and creating common property.
19. In case of untimely payment of the membership fee and payments for more than two months from the date of the established timely payment deadline (before July 1 of the current year), the Partnership has the right to apply to the court for judicial collection of arrears in payment of contributions and payments from members of the Partnership, as well as gardeners engaged in gardening without participating in the Partnership.
20. Based on the decision of the general meeting of the Partnership, income from the economic activities of the Partnership is used to pay the costs of maintaining common property
21. Between the Partnership as a legal entity and PJSC IDGC of the Urals, in the interests of the members of the Partnership, an energy supply agreement was concluded for the needs of the Partnership.
22. Individual energy metering devices of land owners must be installed on supports (pillars) with the signing of an act on the balance sheet boundary between the Partnership and the owner of the garden land plot.
23. Owners of land plots are obliged to fulfill obligations to pay for electrical energy consumed when using infrastructure facilities and other common property of the Partnership, and part of the losses of electrical energy (according to Article 210 of the Civil Code of the Russian Federation) that arose in the electrical grid facilities owned by the Partnership, payment for Public electricity is included in the membership fee.
24. Payment for consumed electricity is made by the owners of land plots, according to the readings of an individual energy meter according to the tariff approved by the general meeting of members of the partnership, to the settlement account of the Partnership - monthly.
25. The tariff for 1 kW/h is considered (the tariff established by the Unified Tariff Body) + losses in electric networks (established by the decision of the general meeting of members of the Partnership).
26. Recalculation of debt for electricity payments is carried out according to the tariff on the date of recalculation or payment.
27. Payment for consumed electricity is not included in the membership fee.
28. In case of non-payment for more than three months in a row, the Partnership has the right to limit the supply of electricity up to its complete termination and reserves the right to collect the debt in court.
29. In the event of a lack of funds on the item for payment for electricity (in order to avoid disconnecting IDGC of Urals PJSC from the Partnership’s electricity), allow the accountant and the chairman to make payments from other items.
Article 13. Register of members of the partnership.
1. The processing of personal data necessary for maintaining the register of members of the partnership is carried out in accordance with Federal Law-217 and the legislation on personal data.
2. The register of members of the partnership must contain information about the members of the partnership, the cadastral number of the land plot, the cadastral number of the building located on such a plot.
3. A member of the partnership is obliged to provide reliable information necessary for maintaining the register of members of the partnership, and promptly inform the accounting department of the partnership about their changes.
4. In case of failure to comply with the requirement to provide reliable information and notification of their change within 10 days from the date of their change, a member of the partnership bears the risk of attributing to him the expenses of the partnership associated with the lack of up-to-date information in the register of members of the partnership .
5. In a separate section of the register of members of the partnership, in the manner established by this article, information about the owners of plots engaged in gardening without the participation of the partnership may be entered.
The need for this constituent document is enshrined in Article 135 of the RF Housing Code, defining the procedure for acceptance and the list of mandatory information. This article legitimizes the existence of the HOA as a legal entity.
The Civil Code of the Russian Federation allows for the registration and further functioning of organizations on the basis of an adopted and approved standard charter (clause 2 of Article 52 of the Civil Code of the Russian Federation), the form of which is publicly available.
Reference! In accordance with the Housing Code of the Russian Federation and the Civil Code of the Russian Federation, the standard charter includes general information about the organization, the procedure for joining and leaving it, the election of management personnel and the sphere of competence of elected persons from among the owners of the premises of a high-rise building, as well as other issues related to the management of an apartment building.
Based on changes to the Housing Code of the Russian Federation that entered into force in 2017, The new edition of the standard HOA charter should reflect the following nuances:
- homeowners are renamed real estate owners, therefore the abbreviation of the partnership is redesignated as TSN;
- the partnership is registered as a non-profit corporate organization for which business activities are provided only for the common benefit of the owners of the premises;
- the obligation of owners to pay monthly fees in proportion to the square meters they own for major repairs, for which a unified state system for collecting funds has been created;
- the possibility of organizing a supervisory board of members of the partnership, whose responsibilities will be to monitor the work of the HOA board.
Judicial practice shows that when resolving issues related to the functioning of HOAs, An important role is played by the clauses outlined in the charter on the rights, obligations and scope of activities of the HOA.
They often play a decisive role in legal proceedings in comparison with the articles of the Housing Code of the Russian Federation that are common to all organizations of this kind.
Features of adoption
It is advisable to entrust the preparation of the main constituent document to a lawyer, competent in matters of this kind. It is permissible to take as a basis the charter of an already existing and functioning partnership, changing the relevant details and clauses in it, or use the form of a standard charter, which also does not contradict the legislation of the Russian Federation (Article 52 of the Civil Code of the Russian Federation).
Validity
Registration of an HOA as a legal entity occurs in the manner prescribed by Law N 129-FZ of 08.08.2001, for which two original copies of the charter are provided to the tax authority, along with other necessary documents. If it is necessary to obtain a copy certified by the tax office for further activities of the HOA, this should be stated when registering the partnership.
The charter of the HOA is considered valid after registration of the partnership with the Federal Tax Service, about which a corresponding notification is issued. One copy of the charter with the seal of the tax authority is returned to the HOA, and the second remains with the tax office.
The creation, adoption and subsequent amendment of the charter is an important step in the work of the homeowners’ association, since the literacy of the document from a legal point of view determines the legality and effectiveness of the further activities of the association.
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A lot of time has passed since September 1, 2014, and it would seem that the requirements of Federal Law No. 99 of 05/05/2014 “On amendments to Chapter 4 of Part 1 of the Civil Code of the Russian Federation and on the recognition as invalid of certain provisions of legislative acts of the Russian Federation” must be fulfilled by all legal entities. That is, all horticultural associations, to whom it concerns, by today must have their constituent documents in compliance with the norms of Chapter 4 of Part 1 of the Civil Code of the Russian Federation. But it was not there. Things are still there today. Moreover, many SNTs have not done anything to this day, as they continue to expect the legislator to return the organizational and legal form of SNT, completely not understanding that “the Moor has done his job, the Moor can leave.” “There will be no return to the past,” - . representatives of the legislator from sources close to the State Duma unequivocally state.
The SNT board and some “experts” in the laws explain their inaction by saying that the state is trying to squeeze the land from gardeners by replacing the SNT (with not very clear functions and areas of activity) with a completely adequate one. organizational and legal form(OPF): real estate owners' partnership. The thought should immediately arise about some kind of force, beyond the control of reason, that is called upon to carry out the squeeze. Why? Yes, because replacing the organizational and legal form of any legal entity does not lead to the seizure of land. Even in the subtext of the law, including innovations in the Land Code, nothing like this can be traced...
The new OPF is designed to bring the activities of SNT in line with what horticultural associations are actually doing now. Question: “What are they doing today, and what then is the horror story for gardeners at the suggestion of not very competent board members?” Let's try to briefly explain.
In essence and practice, today and yesterday SNT are and have been engaged in the management of property owned by a legal entity and the management of public property (Article 1 “General Concepts” of Federal Law-66 of April 15, 1998). And this activity has a very distant relation to the type of economic activity “gardening” with its cultivation of fruits and vegetables. Another question arises: “Who (what) does gardening?” And this “action” was, is and will be carried out by the owners of individual land plots with the type of permitted land use “gardening”. It is possible that in order to legally separate two types of activities: gardening and property management, a new organizational and legal form was invented TSN.
It can be assumed that this OPF had already matured when, on December 23, 1992, the Federal Law “On the right of citizens of the Russian Federation to receive private ownership and sale of land plots for running personal subsidiary and dacha farming, gardening and individual housing” was published. construction" and followed by the Presidential Decree of October 27, 1993 "On the regulation of land relations and the development of agrarian reform in Russia." After all, it was then that citizens began to register their land plots as property, and garden partnerships from a single organization with a single indivisible land plot were divided into individual garden plots and public land plots. Horticultural activities were not carried out in public areas as such.
Now try to answer the following question: “In what place is the state squeezing out the land and destroying gardening?” No answer. Changing the organizational and legal form from SNT to TSN does not destroy anyone or anything, but it brings all the activities of gardening associations into line with the prevailing realities of today, taking away from them the unusual function of “gardening”, and introducing property management. Will TSN be a horticultural association after such a transformation? It’s unlikely, because it’s not gardeners who unite in the organization, but the owners of garden plots. And in this case, the activities of TSN do not intersect with the gardening of the members of the association.
So what do we have now in SNT if we do nothing? Here's what: organizational and legal form"SNT" has not existed in the Russian Federation since September 1, 2014. If we look at the norm of paragraph 2 of Article 48 of the Civil Code “A legal entity must be registered in the unified state register of legal entities in one of the organizational and legal forms provided for by this Code,” then today your native SNT operates in an OPF, which does not exist. And here is what Article 1 of the Civil Code says on this matter: 3. When establishing, exercising and protecting civil rights and in the performance of civil duties, participants in civil legal relations must act in good faith. So what kind of integrity of a legal entity can we talk about today if it is registered in OPF, which is not there? It follows that all civil rights and the performance of duties can be considered unconscionable and limited to SNT as a legal entity. Moreover, a legal entity can be held accountable for failure to comply with the law, and the chairman can even be held criminally liable.
Whether this is true or not, what SNT should do, and how to live on, can be read on the page: Horticultural non-profit associations (partnerships, partnerships, consumer cooperatives) after 09/01/2014.
For our topic, we emphasize that the main condition for changing the organizational and legal form of a legal entity is the approval of the charter of a non-profit organization in one of those selected from Article 50 “Commercial and non-profit organizations” of the Civil Code of the new OPF. The most suitable organizational and legal form for SNT is TSN.
The charter proposed on this page for approval by the association of real estate owners is not a dogma and can be changed and supplemented during the discussion on the forum SNT "Pishchevik" by chapter, as well as independently at the discretion of any SNT, taking into account local conditions. To carry out the procedure for changing the organizational and legal form from SNT to TSN, the charter is expected to be developed by the autumn general meeting of 2015. It’s late, but better late than never.
Draft Charter Property Owners Associations"Pishchevik" meets the requirements of three new federal laws that amended parts 1 and 4 of the Civil Code of the Russian Federation, the Land Code of the Russian Federation (No. 100-FZ of 05/07/13, No. 99-FZ of 05/05/14 and 171- Federal Law of June 23, 2014 “On Amendments to the Land Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”).
You should be careful when directly copying the developed text of the TSN charter, because correction of errors and bringing the text into compliance with the norms of the Civil Code will be carried out until mid-autumn 2015, and will not stop after the approval of the Charter by the meeting. Comments on the sections and paragraphs of the Charter will be written a little later after all work on the wording of the text has been completed, which is associated with the search for the most acceptable word forms and checking for compliance with legal norms.
