New rules for summer residents and gardeners. In Russia, a new law has been adopted for summer residents and gardeners: what is important in it? The new law on suburban construction
8 Sep 2016
The authorities decided to restore total order in the arrangement of the dacha economy. To do this, the new law contains reforms designed to make life easier for the owners of suburban areas. We present a list of innovations that 60 million summer residents will have to face if the project is accepted.
By law, only 2 can be used organizational and legal forms for the cooperation of owners of vegetable gardens, orchards and dachas: a horticultural and horticultural non-profit partnership. The first type involves the union of the owners of gardens and cottages, that is, those who temporarily or permanently reside on the plots. And the second is designed for people involved only in the cultivation of crops.
Text bill explains that the garden house is intended for short-term habitation and does not require a building permit. However, the construction of a country house, created for permanent or long-term residence, must be agreed and authorized by the relevant authorities. In addition, it is clarified that it is forbidden to build capital construction objects (houses, baths) on garden plots. Only outbuildings (storerooms, utility rooms) can be placed on them.
The new rules give subjects the right set various restrictions on the construction of houses within suburban and garden areas. After the entry into force of the law, the regions will be able to fix the maximum number of storeys, height and area of buildings and structures. Rules by rules, but don't forget to buy a rat and mouse repeller for comfort in your yard.
Instead of five different contributions in partnerships, only three types of them will remain:
At the same time, the goals, grounds and principles for calculating certain contributions are preliminarily approved by the general meeting of the partnership. The amounts of payments for all members are recognized as the same, except when they are tied to the volume of exploitation of the common good or the size of the plot.
Arises concept of common property, which cannot be divided. The right of ownership to it belongs to the partnership as a legal entity, or, with the appropriate decision of the general meeting, it is transferred to the common shared ownership of the members of the association.
The text of the bill assumes the abandonment of the current system of agreements concluded between partnerships and owners of plots that are not members of them, but are located in the relevant territory. After the entry into force of the law, such citizens will have to pay for the purchase and maintenance of the common property of the partnership on an equal basis with the rest.
The innovations do not require the re-registration of old associations: it is only necessary to bring the constituent documents, including the charter, into line with the provisions of the law. This must be done by January 1, 2027. This provision frees from unnecessary formalities and facilitates the transition to a new system.
The new procedure for issuing land
Relevant today competitive procedure for allocating land to gardeners. The draft law abolishes the established procedure, instead of which it is proposed to grant state and municipal land without competition, without holding an auction, which makes it possible to take idle areas into circulation.
The document introduces explanations to simplify registration in summer cottages and gardening houses. Thus, such buildings are recognized as suitable for permanent residence if they comply with the norms and rules established for residential premises. Now it is quite difficult to register in a gardening partnership due to numerous conditions and restrictions.
If the law is adopted, then from March 1, 2018, the system of gardening and horticulture will begin to change.
Firstly, there will be fewer unauthorized buildings: the document systematizes the concepts of summer cottages, garden and garden plots, garden and country houses, and also explains which buildings are allowed and which are prohibited. This is supported by the restrictions of subjects on the parameters of structures. Coordination of construction with the BTI will increase safety, since summer residents often make houses with their own hands, not observing safety rules. Therefore, it will no longer be possible to build a hut on chicken legs.
The measures are also aimed at creating transparency in the management of partnerships. Confusion among multiple types of contributions allows for the risk of withholding funds. To avoid this, the new law provides for a reduction in the number of contributions, as well as an economic explanation and fixing the goals of spending at the general meeting. The main problem of partnerships remains unresolved - the regulation of payment for housing and communal services. Some use services only during the summer season, others live and consume energy all year round, and everyone pays the same. Shared responsibility also has its problems. For example, due to non-payers, a fine is imposed on the partnership as a legal entity, and therefore it is distributed among all participants, regardless of their good faith. The law laid the foundation for resolving this issue: its text implies that contributions can be either equal or proportionally dependent on the parameters of the possessions of gardeners and summer residents.
In accordance with the upcoming law, innovations will cost the owners of plots near Moscow approximately 246 billion
snt today
A garden or dacha partnership is a few hundred people who, by chance, turned out to be the owners of neighboring plots of land. They do not know each other and see each other mainly at general meetings, which usually result in hubbub, hysteria and mutual insults.
Because of the hubbub, and also because of their own indifference, a maximum of a quarter of the members of the SNT go to meetings. It is impossible to force the rest, because there are no legal instruments for this. There are no levers.
The chairman and board of the SNT are elected by the meeting for two years. The most common types of chairman are:
Energetic brazen fool. He constantly squeals, promises to sue everyone and effectively ruins what still somehow worked;
Retired military or former boss. He presses with authority, promises a lot and does nothing, because he knows how to do nothing;
Successful in life, business man. Goes to the chair, following the principle "if you can not stop the madness, you must lead it." He usually manages to get things done in the gardening partnership, using personal means and connections.
SNT problems:
- electricity
- garbage
- roads
Electricity problem consists of two parts.
First part: summer residents do not have enough power. Turn on the kettle and the lights go out. To solve it, it is necessary to change the old transformer to a new one and put things in order with networks, poles and wires, that is, collect a lot of money from all members, which is extremely difficult, because there are no levers for this.
Second part: defaulters hanging on the shoulders of those who pay.
The ambush here is that the partnership pays for electricity collectively - according to a common meter. All members hand over money to the accountant on their individual counters, they are added, and in theory the same amount should be obtained as on the general counter. But she never succeeds. Because many simply do not pay for electricity. And there is no leverage to make them pay.
As a result, SNT's debts for electricity are paid off from contributions, that is, from the general money that is collected for garbage collection, snow removal and tax payment for public land.
The trash problem stems from an electrical problem. If the contributions go towards paying the debts for electricity, there is very little left for garbage collection. Therefore, the export is ordered only when there is nowhere to go. When the container is littered with garbage, and everything around is littered, and the owners of the nearest sites shout at the chairman: “I got this garbage dump! Rearrange immediately! And then we won’t pay dues!”
The most popular threat among SNT members is: I won't pay dues because the board isn't doing anything.
You can't force people to pay dues, there's no leverage.
Theoretically, it is possible to exclude such a comrade from SNT and conclude an agreement with him on the use of common roads, electricity networks, etc.
But he can agree on such an agreement until he's blue in the face: you think I have to pay SNT 5 thousand rubles, but I think a thousand.
To untie him, SNT will sue and will pay legal costs. But the lawsuit will end in nothing when the costs go off scale for a hundred thousand and it becomes clear that there is no end to them.
Road problem. There is no road for three kopecks. To make a normal road, you need a lot of money. Assembling them is as difficult as on a new transformer. Rent less than half of the comrades. Others say: why so expensive? It is impossible to force them, there are no levers. As a result, the amount collected is insufficient.
You can, that is, somewhere pour the old primer, trim somewhere. But you can't build a road that doesn't fail in the first spring for this amount.
Those who donated money, however, expect more. They see the pitiful efforts to level the primer and blame the chairman: he plundered our money, we won’t rent it anymore ...
Painful distrust of Russians to each other, inability to organize themselves, a huge difference in financial situation, life experience and understanding of how the world works - these are the reasons why any undertakings get stuck in SNT and almost nothing can be solved together.
But all this could be overcome if the CNT - in the person of the general meeting and the chairman - had leverage over its members.
And there are no levers. Because of this, SNT cannot improve themselves and suffer from inconvenience.
How to arrange a comfortable life in SNT
Two ways.
Or give leverage: legalize the right of the SNT board to turn off the light to non-payers, fine violators, withdraw contributions from their bank account, seize property, that is, to carry out the same actions as law enforcement agencies responsible for collecting taxes and public order.
Or remove collective responsibility from SNT and let each member be responsible only for himself.
The first option would work great. If members of the partnership were still allowed to choose a sheriff, and the sheriff to have a gun, perfect order would reign in the SNT. But this is an unconstitutional way, unfortunately. Therefore, we do not consider it.
The second option remains. It is also effective, which is confirmed by the experience of some SNTs in the Moscow region.
Like everyone else, their electrical networks and transformers were owned by the partnership. They donated this common property to the balance sheet of the energy supply company.
The company entered into direct contracts for electricity with members of the SNT. And now they have the same system as in the city.
Each member receives a payment, accrued according to the testimony of his counter, which he himself handed over. And he pays for himself. And more - for no one. The company deals with non-payers: they come, they turn it off. This no longer concerns other members of the SNT, and such a disaster as before - when at the end of the year it was discovered that the partnership had a debt for electricity of 400 thousand rubles, God, where to get them? - doesn't happen anymore.
In the same way, some SNTs have set up garbage collection. Members of the partnership switched to direct contracts with companies that deal with this.
If the family is large and there is a lot of garbage, an agreement is made so that it is taken away, say, three times a week. The schedule is known, the bags are placed in advance near the gate to the street, the car arrives and takes away. And if there is not enough garbage, you can save it on the site and take it out once a week, then the contract will be cheaper.
All in fairness. Everyone pays for himself. Everyone is responsible for their own garbage. And no general dumps, dirt, stench and abuse.
The direction in which SNT needs to move in order to establish a reasonable and comfortable life in itself is clearly visible.
It is necessary to switch to individual calculations for everything that is possible, and to reduce the zone of collective responsibility.
But the authorities near Moscow are planning just the opposite.
On the contrary, they intend to increase collective responsibility, for which SNT has neither levers, nor tools, nor opportunities.
How to bury SNT
The Moscow Regional Duma has developed a Summer Resident's Charter - a set of rules that must be observed in gardening and dacha partnerships.
The Charter is very beautifully painted, how and what should be.
“The entrance to the territory of SNT (DNT) is equipped with a gate or barrier with an electromechanical drive or manually opened, as well as outdoor lighting. The minimum illumination in the horizontal plane at the entrance gate must be at least 1 lux. The height of outdoor lighting fixtures should be at least 2.5 meters.
“Internal driveways of SNT (DNT) must be kept clean and have a hard surface (reinforced concrete, concrete, asphalt concrete or gravel), and also be illuminated at night with outdoor lighting.”
“At the main entrance to the territory of the SNT (DNT) should be installed: an information sign with the name of the horticultural (dacha) association; information stand, with the obligatory placement of a schematic plan of SNT (DNT).
“The territory of SNT (DNT) should be fenced around the perimeter. Deviation of the fence from the vertical is not allowed. Further operation of dilapidated and emergency fencing, as well as individual fencing elements, is prohibited without urgent repair. Elements of wood fencing should not have burrs, flakes, chips with sharp ends or edges on the surface, as well as the presence of rough surfaces that can cause injury. The presence of rotting of the base of wooden supports is not allowed.
“At the entrance to the territory of SNT (DNT), sites for the installation of garbage collectors are placed. The site must have a fence on three sides with a height of at least 1.5 meters, an asphalt or concrete pavement with a slope towards the carriageway, an access road with a hard surface. A garbage collection schedule should be posted on the container site, indicating the name and contact numbers of the organization carrying out the removal. SNT (DNT) is obliged to ensure regular garbage collection in accordance with the agreements concluded with organizations that carry out garbage collection and disposal in accordance with the approved average annual waste accumulation rates.
These are just a few paragraphs of the Charter. And not even completely. But it is already clear that they are all very beautiful and useful. However, very costly.
Funds for their implementation, according to the plan of the Moscow Region authorities, should be given by members of the SNT. The very members who don't pay contributions of 3,000 rubles and "they don't need a road," but let the neighbors pay for the light they've lit.
Moreover, in the Charter of the summer resident there are points that cannot always be fulfilled even with the means.
For example: “The distance from a residential building (or house) and a cellar to a latrine should be at least 12 meters, and from a well or other water device to a latrine and a composting device, at least 8 meters.”
Try to organize such "distances" on six acres, part of which is also occupied by a house, garden, garden, gazebo.
The drafters of the Charter did not seem to think that there could be such small areas in the SNT.
Formulating their “requirements”, they represented the prestigious cottage settlements in which they themselves live: large plots, expensive houses, wealthy owners... Therefore, they did not get a Summer Resident’s Charter, but something impossible and essentially mocking.
Nevertheless, in April the Charter was already approved by some murky forum of dacha owners in power. After the May holidays, the text will be sent to all SNTs of the Moscow region, so that summer residents will read and put forward proposals.
“The Charter is a document that we will polish for a year or two in order to adopt the law of the Moscow Region on summer residents and gardeners. This will be the first regional law that will regulate the activities and lives of our summer residents and gardeners,” explained the initiators of the law.
If the Charter really becomes a law, garden and dacha partnerships will come to an end. This is perfectly clear.
They will not be able to fulfill the requirements prescribed in it. Admtekhnadzor will come and impose fines. Judging by the information on the Internet, they will be predatory - up to 500 thousand rubles. In addition, the chairmen will be fined separately - 50,000 for each “jamb”.
Individual fines for summer residents are also provided. Along the fence from the side of the street, the grass was not mowed - 2 thousand. Rubbish was burned in his area - 5 thousand.
But if individual fines can still be paid, then no one will definitely pull the collective fines.
This means that on account of the debt, the bailiffs will take away the property of the SNT - public land, and the SNT themselves, obviously, will go bankrupt and appoint management companies with such tariffs that summer residents will generally stop going to summer cottages.
In short, now is bad, but it will be even worse.
And all the Moscow region authorities came up with this.
In the Charter of the summer resident, they painted what and how should be in the SNT. But summer residents themselves know this very well. Everyone wants the SNT to be clean, beautiful, comfortable, light, warm and quiet. The authorities do not need to paint all this, but to figure out why this does not work out. And figure out how to make it work.
The price of new requirements for SNT
There are approximately 11,000 SNTs and 3 million summer residents in the Moscow Region.
On average, there are about 300 sites in the SNT, although there are small ones - 30 sites each, and giant ones - where there are more than 1000 of them.
To imagine how much it will cost to comply with the requirements of the Charter of Summer Residents, we made a rough estimate for an SNT with 360 plots. The chairman of this SNT, who served two terms, helped us, but when he saw the Charter of a summer resident the other day, he gasped and hurried to leave his post.
Requirement 1. All internal driveways in SNT must be paved.
The most economical option for a hard surface is asphalt crumb. A square meter of the road costs 550 rubles. First comes a grader, then a skating rink, then 25 cm - crushed stone dumping, again a skating rink, 8-10 cm of asphalt crumb, again a skating rink, a layer of bitumen.
For example, we take the central street SNT 4 m wide, 900 m long. To make such a coating on it, you need 2 million rubles.
If you also do all the passages - 12 million.
Together with a hard surface, it is imperative to do a “storm drain” - ditches along the roadsides to drain water, otherwise after each rain the sections will sink. The cost of storm water will cost the cost of the road itself, i.e. another 12 million
Requirement 2. Fencing around the perimeter of the entire SNT.
The perimeter of the SNT with 360 sites is approximately 4 km. A running meter of planed boards now costs at least 500 rubles. This means that 4 million are needed for the material. Plus, another 2 million for the poles. It already turns out 6 million and plus the same amount for the work. Only 12 million
Requirement 3. Barrier with electromechanical control - in the region of 100 thousand km.
Requirement 4. Garbage dump on a concreted area, fenced on three sides - 150-200 thousand.
Requirement 5. Information boards at the entrance and at the garbage heap - 30-50 thousand.
Total: SNT with 360 plots has to spend approximately 30 million rubles to meet the requirements set out in the Summer Resident's Charter, which will become law in a year and a half to two years.
This means that approximately 82,000 rubles should be collected from each site.
We multiply by 3 million summer residents and we see that the arrangement of all SNTs in the Moscow Region in accordance with the requirements of the new law will cost the owners of plots about 246 billion rubles.
An astronomical, absolutely unreal amount that people do not have and cannot have.
For reference: the entire revenue part of the budget of the Moscow Region for 2016 is 371 billion rubles. 117 billion will be spent on education, 72 billion on health care, 59 billion on social security, 52 billion on roads, and only 4 billion on culture.
Since July 4, horticultural, horticultural and dacha non-profit associations of citizens have the obligation to create registers of their members. For the summer residents themselves, the procedure for calculating membership fees and holding meetings will change.
Head of State Vladimir Putin
signed
a law that, according to officials and deputies, will improve the legal regulation of the activities of horticultural, horticultural and dacha non-profit associations of citizens.
Register of association members
According to approved
document
, horticultural, horticultural and dacha non-profit associations of citizens will need to form a register of members of the corresponding association before June 1, 2017. New associations of gardeners and horticulturalists have been given one month to compile a register of their members.
The following information must be included in the register:
surname, name, patronymic (if any) of a member of such an association;
postal address and (or) e-mail address at which a member of such an association can receive messages;
cadastral (conditional) number of the land plot, the right holder of which is a member of such an association (after the distribution of land plots between the members of the association);
other information provided for by the charter of a particular association.
The member of the association is obliged to provide all data about himself on his own. Changes must be notified to the board in a timely and reliable manner so that the register of members is maintained without violating the law. Changes made to the charter of the association in connection with the adoption of amendments will be registered free of charge.
Membership fee
Another innovation for gardeners and gardeners is the clarification of the rules for establishing the size, collection and spending of membership fees. Law No. 337-FZ states that membership fees can be spent on the maintenance of common property. According to the authors of the document, this will make it possible to exclude the possibility of spending general money on the maintenance of land plots that belong to specific members of the association.
In addition, it is provided that the area of the land plot of an association member and the total area of real estate objects belonging to him and located on such a land plot is reflected in the amount of the membership fee. Thus, a balance will be maintained between the expenses of members of associations and a fair distribution of citizens' expenses will be established.
It should be noted that the initiative to introduce a penalty for late payment of membership fees was not included in the final version of the document. It was proposed that the amount of the penalty be 1/300 of the key rate of the Central Bank of the Russian Federation, effective on the day of actual payment, from the amount not paid on time for each day of delay.
New responsibilities for horticultural organizations
Amendments to the law on horticultural, horticultural and dacha non-profit associations of citizens also provide for the expansion of the responsibilities of the associations themselves. In particular, at the request of a member of an association or a citizen engaged in horticulture, horticulture or dacha farming on an individual basis on the territory of such an association, the board must submit copies of certain documents. Among them:
charter and amendments made to it, certificate of registration of the relevant association;
accounting (financial) statements of the association, income and expenditure estimates of the association, a report on the execution of this estimate;
minutes of general meetings of members of a horticultural, horticultural or dacha non-profit association (meetings of authorized persons), meetings of the board, the audit commission (auditor) of the association, the association's commission for monitoring compliance with the law;
documents confirming the results of voting at a general meeting of members of a horticultural, horticultural or dacha non-profit association, including voting ballots, powers of attorney for voting, as well as decisions of members of the association during a general meeting in the form of absentee voting;
title documents for common property;
other internal documents provided for by the charter of a horticultural, horticultural or dacha non-profit association of citizens and decisions of the general meeting of members of the association.
Another innovation of the document is a ban on absentee voting in the event that the agenda of the general meeting of members of a horticultural, horticultural or dacha non-profit association includes issues of amending the charter of the association or approving it in a new edition, liquidating or reorganizing the association, approving income and expenditure estimates, reports of the board and the audit commission (auditor) of the association. The deputies who developed the document are confident that this will make the decision-making process more transparent.
https://www.site/2017-08-02/v_rossii_prinyat_novyy_zakon_dlya_dachnikov_i_sadovodov_chto_v_nem_vazhnogo
"Country Constitution"
In Russia, a new law has been adopted for summer residents and gardeners: what is important in it?
Jaromir Romanov/website
In Russia, a new federal law has been adopted, according to which, from January 1, 2019, approximately 60 million summer residents and gardeners will begin to live. In fact, the "dacha constitution", as the adopted act has already been called, applies to every second inhabitant of the country. the site tells its readers about the fundamental innovations, one of which was the exclusion from the legislation of the very concept of "dacha economy".
Will there be no more summer residents in Russia?
According to the law, summer residents in Russia are now gardeners and gardeners. Previously, associations of dacha owners, gardeners and gardeners could exist in as many as nine organizational forms (including as dacha associations and cooperatives). Now the legislator has provided only two: either a gardening partnership or a gardening partnership. Dacha associations are automatically classified as horticultural associations. But, of course, no one will forbid you to call yourself summer residents. Especially in a situation where you don’t have a garden or garden plot at all, but just a house in the village where you come to relax and don’t do any gardening. The new law regulates life only in the territories of horticulture and horticulture, and not in settlements.
Why didn't they call everyone just summer residents in the law?
You are right: on the one hand, the law as a whole is aimed at simplification. Still, nine organizational forms is a clear overkill. But one cannot ignore all the realities, and in this case they are that the land plots owned and used by Russian summer residents may have different types of permitted use. Based on this, the legislator divided the land plots into garden and garden plots.
And here it is important: on garden plots, you can build permanent buildings, including residential buildings, and only non-capital outbuildings can be placed on garden plots. The difference is significant, and you should pay special attention to this if you are planning to purchase a summer cottage.
Serguei Fomine/Russian Look
Can you elaborate a little on this difference?
The legislation refers to non-capital buildings structures that do not have a "connection with the ground", that is, in other words, a foundation. It is assumed that they can be completely disassembled or moved somewhere in no time. In addition, such structures cannot be registered as real estate objects. Of course, you can build something grandiose on a garden plot, on a solid foundation and pass off your palace as a modest shed for storing equipment and crops. But you simply will not be able to register ownership of it until the type of permitted use of your site changes, and this is still a very difficult procedure. If only because there are quite serious requirements for the planning and development of the gardening territory, prescribed in SNiP 30-02-97 of 2011, but there are no such requirements for the organization of the gardening territory.
Landowners who fail to register their homes face double land tax
Nadezhda Loktionova, chairman of the Union of Horticulturalists of Yekaterinburg, believes that one should even expect the appearance of some kind of by-law, which will clarify the parameters of non-capital buildings on gardening lands. Of course, things are unlikely to come to Soviet restrictions, such as a ceiling height of no more than two meters, but the state will still try to close the possibilities for abuse. But if now you already have a document on the ownership of a property that arose on a garden plot of land (for example, a bathhouse or a garage), you don’t have to worry. What is built is built - the state recognized this, and here the legislator went for the so-called "garden amnesty".
Nail Fattakhov/website
And what can be built on the garden plots?
With garden plots, of which, by the way, the vast majority in the total mass, everything is much simpler. The law gives the right to place on them a capital residential building, a garden house for seasonal use, garages and outbuildings. The latter include baths, sheds, sheds, greenhouses, gazebos and other good things. All this can be formalized as a property right, bearing in mind, however, that the owner has an obligation to pay taxes. In addition, since the beginning of 2017, the so-called "dacha amnesty" has become more complicated by law - a simplified procedure for registering real estate on six acres. Now, to register an object, you need a technical plan, and its cost starts from 10 thousand rubles. Plus the state duty - 400 rubles. True, the law allows not to register structures up to 50 square meters. meters.
Will it become easier to register in the country?
They promise yes. Theoretically, it is possible to register on six acres even now, but it is not so easy. A court order is required that your residential building is recognized as suitable for permanent residence. It is assumed that with the beginning of the new law, going to court will become the exception rather than the rule. Moscow region gardeners insisted on this: according to the chairman of the Union of Summer Residents of the Moscow Region, Nikita Chaplin, the government should develop a special by-law to simplify the procedure for transferring a garden house to a residential one and vice versa. That is, if you decide to live in the country permanently and have registration there, immediately build a capital house or engage in the reconstruction of an existing one.
By the way, a horticultural partnership may eventually become a partnership of real estate owners - that is, begin to develop and manage as a cottage village. But for this, three conditions must be met. Firstly, it must be located within the boundaries of a settlement, secondly, all houses on its territory must be recognized as residential, and thirdly, the type of permitted use of land plots for all owners must be changed to “individual housing construction”.
Jaromir Romanov/website
Is it true that selling the crop from the garden will become an illegal business?
No. The sale of surpluses from one's own garden or vegetable garden is not regulated at all by either the new or the current law (66-FZ), Nikita Chaplin draws attention. Moreover, during its development, the draft law deliberately did not include the norms that are regulated by other laws: the Land, Tax, Civil Codes, the law on registration of real estate. So, grandmothers, for whom the sale of bunches of greens in the market or agricultural fair serves as some kind of financial help, will definitely not need to issue an IP for this.
What else is important in the law?
The law decreed that within one horticulture or horticulture there could be only one partnership. Previously, there could have been several of them, and the legislator was especially concerned about the situation when associations are engaged in the struggle to attract land owners and at the same time almost do not pay attention to the state of the common infrastructure, pushing the responsibility onto the neighbor. According to the meaning of the new law, a partnership can be formed only on a land plot provided to this legal entity. Therefore, in the event of disputes, a previously created partnership with a land plot will be recognized as legitimate. In the absence of a planning and development project for the territory, the second partnership may be liquidated by a court decision, if it does not recognize that it needs to liquidate itself.
Chelyabinsk regional court approved the decision to demolish the garden houses, for which Putin stood up
The law will also make it possible to streamline relations with the so-called individuals - owners of plots who have left all partnerships and do not bear the obligations that their neighbors - members of associations have. Without paying any fees, they continue, for example, to use the common infrastructure. Now the freemen are finished: you can still be an individual, but you still have to pay dues along with the rest. In return, the right to participate in general meetings and vote on all financial and economic issues of the partnership is given. But individuals will still not be able to participate in the election of the chairman and members of the board, the audit commission. In general, the big question is what is the benefit of such a special status now.
Natalia Khanina/website
By the way, about contributions. They were strictly divided into two types: membership and target. From the membership will be paid current expenses associated with the activities of the partnership, and the target will be collected for the improvement and development of infrastructure. It is important that from January 1, 2019, contributions will no longer be collected in cash: summer residents will begin to receive the same receipts that they pay for city apartments, and contributions will be credited to a bank account, and not stored in a safe with the chairman. This is done to combat abuse.
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Decent citizens will pay with property and money for dishonorable neighbors
There are 60 million summer residents in the country, almost half of the country's population, and they are all voters. Before the elections, the authorities are trying to solve urgent problems of voters. Therefore, in the last days of August, the government submitted to the State Duma, and the authorities tried to present it as a breakthrough that would bring a lot of good to summer residents and solve their problems.
In fact, it complicates the life of summer residents, but does not solve serious problems. While there are many such problems.
The current law was adopted 20 years ago. He did not fulfill his function - to regulate the life of non-profit associations of land owners.
He laid down the rules by which such associations must follow, but did not provide the leverage by which those rules were to be carried out.
The law proceeded from the fact that all land owners are decent, honest and reasonable people. They will regularly pay dues, they will not steal electricity, move fences, and if they are elected chairmen, they will not deceive their neighbors by spending public money on themselves and their needs.
The owners of the land turned out to be not so good people at all. Therefore, garden and dacha partnerships for the last 20 years have not lived according to the law, but how it turns out for someone. Where the right chairman - there is something adjusted. And where the chairman is a thief, there is no life. Citizens suspect everyone and everything, they are shaking with hatred and at night they go to spoil their neighbors.
Unsettled relations between members of dacha associations lead to the fact that these associations themselves grow debts to service providers, sanitary requirements are not met, public land is not put on the cadastre, taxes are not paid, and much more is not done. Therefore, from the new law they expected the appearance of levers that would quickly and effectively force summer residents to follow the rules. What was needed was not so much even a law as a full-fledged reform that would not only establish rules, but also force them to be observed.
The bill submitted to the Duma has neither leverage nor reform. Mainly cosmetic changes are being introduced, partly softening the bureaucracy and legitimizing the existing realities.
And there is one important point that is hushed up. This is the bankruptcy clause of garden and dacha partnerships, chapter IIX, article 37.
“A horticultural, horticultural or dacha non-profit partnership may be declared insolvent (bankrupt) by a court decision.
The recognition of a horticultural, horticultural or dacha partnership as bankrupt by a court shall entail its liquidation.
In the event of bankruptcy of the partnership, property and a land plot for common use must be transferred to the ownership of the former members of the partnership in proportion to the area of their garden, garden or summer cottage plots, regardless of whether these persons were the founders of the partnership and the amount of their contributions. At the same time, these persons bear subsidiary liability for the partnership's debts to the extent of the value of the property transferred to them.
What does this mean in practice?
In practice, this means that the new law is written in the interests of merchants - service providers for dacha associations. But not in the interests of summer residents.
Decent summer residents will now pay with personal property and money for dishonest neighbors who steal electricity and do not pay dues. That's what it means.
Suppose the partnership owes money for electricity. The usual story - debtors, "bugs", losses in the networks. SNT does not pay the debt one year, does not pay the second. Debt is piling up. The sales company takes the partnership to court. The court declares him bankrupt.
The property of the partnership - transformer, poles, wires, common land, garbage container - is evaluated and divided among all members. Everyone gets their share. But it doesn't really get anything. Because how do you divide a dumpster and poles into three hundred people?
However, it is considered that each member of the partnership received his share of the property and bears "subsidiary liability for debts." Therefore, he is first sent a writ of execution for a certain amount, and if he does not pay, bailiffs come to him and take away his personal property - a lawn mower, a TV set, a hose - in favor of the supplier to whom the bankrupt partnership owes money.
This provision of the new law can be fruitfully developed.
For example, local authorities make a decision: in SNT, all roads must be paved. Is your CNT unable to raise money for a hard surface? OK, then a commercial company hired by the local authorities comes to you and, in pursuance of the decision, forcibly scatters gravel from you. Then he sues, the court declares your SNT bankrupt, then - according to the above procedure with bailiffs.
The new law on summer residents allows them to be milked like dairy cows. This is its main purpose. And not at all in solving the problems of voters.
Did the government guess about it, introducing such a cheerful bill on the eve of the elections? The only unanswered question. Everything else is clear. Summer residents are doomed, there are no questions.
