Professional journalist. Education SSU named after. Pitirim Sorokin. Date of: February 11, 2017. Reading time 6 min.

In 2017, a number of legal norms are expected to be adopted or come into force regulating the status of Russian gardening associations, the procedure for the exercise by summer residents of certain property rights, and also establishing some additional responsibilities for gardeners. Relevant initiatives are being implemented both at the level of already adopted legal acts and in the context of actively discussed bills.

Owners of summer cottages and plots of land in 2017 will need to pay serious attention to some legal norms and legislative initiatives that regulate the activities of gardeners. What is the essence of these norms, and what legal relations are covered by their jurisdiction?

Legislation on gardening associations in 2017: what will change

In 2017, significant changes are expected in Russian legislation regulating legal relations with the participation of gardening partnerships. They will be expressed:

1. With the entry into force of a number of amendments to the Federal Law “On Gardening Associations” dated 04/15/1998 No. 66-FZ. The essence of the amendments is to establish an obligation for gardeners’ associations to form a register of participants - before 06/01/2017 or a month after the state registration of the association (if it was implemented after the said amendments entered into force).
2. In the transition to the jurisdiction of the Federal Law “On State Registration of Real Estate” dated June 13, 2015 No. 218-FZ, the procedure for state registration of land plots. The essence of the initiative is the establishment, since 2017, of obligations for owners of garden plots (including those owned by members of partnerships) to formalize technical plan for a house on a summer cottage - as a condition for registering ownership of the house.
3. The possible adoption of a completely new Law on gardening partnerships in 2017 - based on bill No. 1160742-6. The essence of the initiative is the adoption of a fundamentally new legal act on gardening organizations, which should replace Federal Law No. 66.

In the press, as well as in thematic publications on legal topics, the adoption of a “new law” on gardening partnerships is generally understood as the approval of just this bill (which, it is worth noting, should undergo several more readings in the State Duma).

It is worth noting that the “new law” on gardeners’ organizations (in the broad sense of this term) can unofficially be understood as 2 other specified legislative initiatives. We will also pay attention to them later in the article.

New Federal Law on gardening associations (bill No. 1160742-6): main provisions

1. The fact that summer residents can establish associations, presented only in the form of a partnership (which can be horticultural or gardening) - as a type of partnership of property owners.
2. The fact that exclusively garden, but not vegetable plots of land can be used for the construction of residential buildings (in which the owners are expected to reside permanently).
3. On the consolidation in the legislation of the Russian Federation of the concept of “garden house” instead of the term “residential building”, which is used in the current federal legal act on associations of gardeners.
4. On the regulation of the procedure for the formation of partnership management bodies in such aspects as:
   • joining the ranks of the partnership, leaving it;
   • informing members of the partnership about its activities;
   • determination of a list of issues that cannot be resolved by the association of gardeners by absentee voting of its participants.
5. On determining the key principles for calculating contributions of members of the organization, methods of spending these contributions, and their economic justification.
6. On the regulation of the circulation of common property of members of the organization.
7. On abandoning the practice of concluding agreements between participants in partnerships and citizens who are not members of the partnership, despite the fact that these citizens are assigned responsibilities for the maintenance of the common property of the relevant organizations.

The bill does not provide for the re-registration of already created associations. It will only be necessary to bring their accounting documents into compliance with the adopted Federal Law when making the first changes to these documents after this legal act comes into force.

When will the law on gardening associations be adopted?

Official data regarding the specific timing of the adoption of a federal legal act based on bill No. 1160742-6 has not yet been published in any sources. Thus, it is unknown whether the corresponding federal legal act on gardening organizations will be adopted in 2017 (although this is expected in the expert community).

In October 2016, the bill was considered by the Council of the State Duma, after which it was sent to various authorities (legislative, executive structures, the Accounts Chamber, the Public Chamber) for the preparation of reviews, comments, and proposals.

The State Duma Committee on Natural Resources, Property, and Land Relations was ordered to prepare a corresponding draft law for consideration by State Duma deputies. But, again, no official deadline for completing this training has been published.

Thus, the current legal act regulating the sphere of legal relations with the participation of gardening organizations is Federal Law No. 66. As we noted above, a number of amendments have been initiated in relation to it. Let's study them.

Current law on horticultural partnerships (Federal Law No. 66): amendments of 2017

So, while bill No. 1160742-6 has not been approved, legal relations with the participation of gardening associations are regulated by Federal Law No. 66. A number of amendments have been made to this legal act that establish certain obligations for participants in gardening partnerships in 2017.

Namely, Article 19.1 appeared in Federal Law No. 66, which established an obligation for members of each organization of gardeners to form a register of members of the corresponding structure. This register must be formed before 06/01/2017 or within 1 month from the date of state registration of the gardeners’ association (if it was carried out after the amendments in question came into force).

The register of partnership participants must comply with the requirements of the legislation on personal data. It must contain:

• Full name of the members of the association;
• postal or email addresses of participants;
• cadastral numbers of plots that belong to members of the partnership (as soon as the plots are distributed between them);
• other information provided for by the organization’s charter.

In addition, Article 19.1 of Federal Law No. 66 obliges participants of partnerships to promptly inform the governing bodies of the relevant associations about changes in the specified information.

Dachas and Federal Law on real estate registration: what should participants of partnerships pay attention to?

In 2017, the provisions of the Federal Law “On State Registration of Rights to Real Estate” dated June 21, 1997 No. 122-FZ actually lost force. Instead, the Federal Law “On State Registration of Real Estate” dated July 13, 2015 No. 218 came into force.

In the previously in force Federal Law No. 122 there was wording according to which the procedure for state registration of a house located on a garden plot as property involves submitting to the registration authorities a declaration about the real estate object - in the form approved by Order of the Ministry of Economic Development of Russia dated November 3, 2009 No. 447.

In turn, Federal Law No. 218 contains another requirement - the mandatory preparation of a technical plan. Its preparation, as a rule, requires significantly greater expenses for the owner of the dacha - you need to contact special organizations and order a technical plan there for a fee.

Summer residents could fill out the declaration on their own without much difficulty. This simplified procedure was implemented within the framework of the so-called “dacha amnesty” mechanism (it may be noted that the simplified registration of a plot according to the corresponding mechanism in Federal Law No. 218 remained unchanged).

Many citizens of the Russian Federation, being members of gardeners' associations and owners of dacha territories, do not have title documents for ownership of a house located on the site. However, the legislation of the Russian Federation allows these citizens to still register the corresponding houses as their property.

Author: . Diploma profession: political scientist (Syktyvkar State University). Current occupation: Journalist (business topics). Experience in writing articles in Forbes and Delovoy Petersburg publications. Entrepreneur.
February 11, 2017.

In this article we will talk only about those TSNs that are created according to the type SNT, DNT, ONT and are regulated (until 2019) by the Federal Law of April 15, 1998 No. 66-FZ “On gardening, gardening and dacha non-profit associations of citizens.” It is these TSNs that have undergone reform. We separately note that TSN created in cottage villages like HOAs (according to Article 136 of the Housing Code of the Russian Federation) will not be reformed, Law 217-FZ does not apply to such TSN (HOA). If you read this article to the end, you will be able to understand the essence of all significant changes adopted. Our lawyers worked hard when preparing this analysis; in gratitude, leave us a review in the comments or on the Internet.

Let's take a closer look at what new Federal Law No. 217-FZ of July 29, 2017 brought us “On gardening and horticulture by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation” (hereinafter referred to as Law 217-FZ). We'll talk about main changes that seemed important to us.

WHAT'S CANCELED

1. Federal Law No. 66-FZ will cease to be in force on January 1, 2019. From 2019, gardening and vegetable gardening partnerships will be regulated by Law 217-FZ;
2. DNT canceled As an organizational and legal form, only two were left: SNT and ONT (see Article 4 of Law 217-FZ). The reasons for this decision remain a mystery;
3. The obligation to participate in all general meetings has been abolished. And this should have been done a long time ago, because there were no sanctions for non-participation in a meeting in Law 66-FZ, this provision has never worked;
4. The right of members of the partnership to determine the amount of payment for members of the partnership and individual gardeners has been abolished. Now all expenses and tariffs will have to be approved at a general meeting of all owners;
5. Legal entities can no longer be members of TSN according to the SNT and ONT type (Part 1 of Article 12 of Law 217-FZ), and this is one of the mysteries of this law;
6. The chairman of the board or founders will not be able to independently choose which bank to open a current account on TSN. Now a decision on opening and closing bank accounts can only be made by a general meeting of members(clause 8 of part 1 of article 17 of Law 217-FZ).
7. The Chairman of the Partnership can now be elected only by the general meeting of members of the Partnership (Part 5 of Article 16 of Law 217-FZ). Let us recall that previously it was possible to specify in the charter one of two possible options: either to elect a chairman at a general meeting or at board meetings.

WHAT'S NEW?

1. The law provides legislative definitions some objects (for example, garden land, garden house, common property, general purpose land);
2. It was forbidden to create several TSNs according to the SNT type within one territory, if its boundaries are approved by the project documentation. If not approved, then you can do it as soon as possible - as many SNT as you like.
3. Introduced something new minimum number of founders – at least 7 people. In this case, the decision to create such a TSN is made unanimously (100% of the votes). If a partnership has less than 7 members, it is subject to liquidation. As before, the founders simply create a partnership; they do not have any special rights or privileges; according to the law, such a body as a “meeting of founders” does not exist at all;
4. The number of members of the board of the partnership cannot be less than three people and should not exceed five percent of the total number of members. It is interesting how the 5% requirement will be met if the board has at least three members (if they are taken as 5%, then there must be at least 60 members). This requirement directly contradicts the provision on the minimum composition of the SNT of seven members of the partnership (then 5% of the members of the partnership will be 0.35 people, which is absurd);
5. The chairman of the board of TSN cannot issue a power of attorney with the right of substitution (clause 6 of part 1 of article 19 of Law 217-FZ). The reasons for this limitation are still mysterious;
6. Entered in-person and absentee voting for making decisions at general meetings. And this is very convenient and good, tested in practice in HOAs;
7. The situation of individual gardeners (that is, owners who are not members of a partnership) has improved. Now individual gardeners have the right not only attend general meetings, but also vote on certain issues at the general meeting of members of the partnership, namely:
   • make decisions on the acquisition of land plots that are in state or municipal ownership;
   • make decisions on the disposal of all common property, from land plots to barriers and video cameras;
   • determine the procedure for using common property;
   • determine the amount and deadline for making contributions, the procedure for spending targeted contributions, determine fees 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 horticulture or truck farming territory, for services and work partnerships for the management of such property (simply put, the estimate of income and expenses is now determined not by the members of the partnership, but by all property owners). In addition, now all these issues will be resolved by a qualified majority (2/3 of the meeting participants);
   • Approve the financial and economic justification for the amount of all contributions.
8. Individual gardeners now not only formulate and approve estimates on an equal basis with everyone else, but also bear exactly the same burden of maintaining common property as members of the partnership (recall that previously, under 66-FZ, an individual gardener could not pay targeted contributions). In this regard, SNT was brought closer to the HOA in an apartment building. Now membership in the partnership globally influences only some management decisions. SNT members and individual gardeners will now have almost equal rights.
9. The procedure for conducting gardening without creating a partnership is regulated (Article 6 of Law 217-FZ);
10. In part 7 of Art. 10 of Law 217-FZ clearly indicated that the founders of a TSN of the type SNT or ONT are members of such a partnership after its creation. It would seem that everything is logical, because how could it be otherwise? Can the founders not be members of the partnership? Such questions often arise when creating any TSN; you can read more about the issues ;
11. Maximum The term of office of the board and chairman of the board was extended from two to five years(Part 5 of Article 16 of Law 217-FZ). At the same time, early re-election of the board and chairman is possible at any time;
12. Another gap in the legislation has been removed. Previously, it was unclear who managed the partnership in the period between the end of the powers of one board and the election of a new one. Now the law speaks about this directly: “Persons elected to the executive bodies of the partnership continue to exercise their powers until new executive bodies of the partnership are elected” (Part 6 of Article 16 of Law 217-FZ);
13. The range of issues requiring a qualified majority of votes (2/3 of the number of meeting participants) to be adopted has expanded, namely:
    • changing the charter of the partnership;
    • election of the bodies of the partnership (chairman of the partnership, members of the board of the partnership), audit commission (auditor), early termination of their powers;
    • determination of the conditions under which remuneration of all employees under employment contracts is carried out;
    • making a decision on the acquisition of land plots by the partnership;
    • making a decision on the creation (construction, reconstruction) or acquisition of public property, on the procedure for its use;
    • make decisions on the transfer of public real estate into common shared ownership, or into the ownership of municipal authorities, or into the ownership of the state (subject of the Russian Federation);
    • distribution of garden or vegetable plots of land formed on the basis of approved documentation on the planning of the territory between members of the partnership;
    • approving the partnership’s income and expense budget and making a decision on its implementation;
    • determining the amount and deadline for making various contributions;
    • making decisions on the reorganization and liquidation of the partnership;
    • approval of the financial and economic justification for the amount of contributions.
14. Finally the law provides for new ways of notifying TSN members about meetings and their results, namely (parts 13 and 14 of article 17 of Law 217-FZ):
    • by registered mail to the registration address of the TSN member;
    • Quote from the law verbatim: “if an electronic address is available, notification is sent only in the form of an electronic message.” Thus, at the federal level, notification by e-mail was recognized as appropriate (previously this was only in the charters of individual partnerships). However, a separate gap remains in the procedural order of such notifications (how to determine the owner’s email address? What if he has lost access to it? How will the owner understand that he is being notified by the competent body of the partnership, and not some hooligan? How to prove all this in court if something happens ?). These questions remain unanswered for now. We believe that it is worth obliging the management bodies of the partnership to adopt provisions on notifications by electronic addresses if there is an intention to use this method of notification);
    • on the TSN website (if available);
    • on the information board;
    • in the media of a constituent entity of the Russian Federation.
15. As before, notice of a meeting must be given no later than 14 days in advance. Part 17 of Article 17 of Law 217-FZ determines that no later than 7 days in advance, the initiators of the meeting must bring to general attention (post or distribute) all materials on which decisions will be made at the general meeting;
16. The minutes of each general meeting of members must be signed by all members of this TSN who participated in the meeting (Part 25 of Article 17 of Law 217-FZ).

CRITICISM OF LAW 217-FZ OF 07.29.2017

The legal company Subscriber Consult has been working in the field of SNT, DNT, ONT, HOA, TSN since 2012. Our lawyers are experienced specialists in this field, real practitioners who know the problems of such non-profit partnerships. We ourselves wrote several federal bills in various spheres of society. Given our practice and experience, we consider it acceptable to give professional comments on the adopted law and ask government authorities (if they see our article) to correct shortcomings before the law comes into force.

Why were legal entities prohibited from being members of TSN?

In our opinion, this is complete absurdity. If an LLC owns a land plot in SNT, why can’t it join this SNT as a member? What is the problem? What is the logic of such a ban? This is a direct infringement of the rights of legal entities as land owners.

Members of the partnership and individual gardeners are equal in basic rights and responsibilities

Previously, Law 66-FZ contained certain advantages and disadvantages of joining a partnership and being an individual gardener. According to Law 217-FZ, the difference is actually leveled out, because the estimate is approved at the general meeting by all owners, and everyone also executes it. If the partnership has entrance fees, then there is no point in joining it at all.

Moreover, all owners will pay the general estimate for all property, even if they do not use it. Here the legislator decided to make a payment system similar to apartment buildings. Such regulation is simpler, but does not mean it is better.

On the other hand, in defense of this innovation, I would like to say that this procedure protects owners from raiders. Now partnerships in which there are “privileged” members and individual gardeners, whom the members of the partnership are driving into a hole of debt, will become a thing of the past. In such “raider” partnerships, individual gardeners pay several times more than members, but do not have the opportunity to join the partnership due to the huge entrance fee (in our practice, we have encountered an entrance fee of 1 million rubles). Now such orders will be a thing of the past.

Membership books

Why weren't they removed from the law? Law 66-FZ was adopted in 1998, where the presence of membership books is acceptable and excusable. But why will they be needed in 2019, when the law comes into force? After all, Law 217-FZ introduced such “innovations” as notifications via e-mail or the partnership website. The Housing Code has long provided for maintaining a register of partnership members in electronic form. Why can’t this new law abolish meaningless membership books, despite the fact that a register of members of the partnership also exists (Article 15 of Law 217-FZ)? What is the objective meaning of membership books?

As in Law 66-FZ, admission to TSN membership is carried out through a decision of the general meeting of members

Why wasn't this removed? What's the point of this? Why can’t it be done as in the Housing Code, as in the HOA, so that one can join on the basis of an application from the owner? Why complicate things? Don’t the authors of the law understand that no one will convene a general meeting to admit a new member every time? That they will wait for six months or a year to become members? What is the point of such a complex procedure?

Deprivation of the right of the board to elect a chairman from among its members

Let us recall that Law 66-FZ, which was in force until 2019, gave the right to determine who will elect the chairman: either the general meeting or members of the Management Board (see paragraph 4 of part 1 of Article 21 of Law 66-FZ). Now only the General Meeting has the right to elect a chairman. In our opinion, this is an unjustified restriction of partnerships’ rights to form their management bodies. The election of a chairman by the Board has at least one major advantage: the chairman can be re-elected at any time. That is, as soon as it was established that the chairman had stolen something, it was possible to deprive him of his powers on the same day and elect a new chairman from the Board. Now you need to convene a general meeting, and this means many months of preparations and paperwork, which gives the dishonest chairman a head start in robbing the partnership.

The law itself is in the attached file (doc, 255 KB), and below are the names of the chapters and articles of this law.

Federal Law of April 15, 1998 N 66-FZ
"On gardening, gardening and dacha non-profit associations of citizens"
(as amended November 22, 2000, March 21, 2002, December 8, 2003, August 22, November 2, 2004)

Adopted by the State Duma on March 11, 1998
Approved by the Federation Council on April 1, 1998

Chapter I. General provisions
Article 1. Basic concepts
Article 2. Subject of regulation and scope of this Federal Law
Article 3. Legal regulation of gardening, gardening and dacha farming by citizens

Chapter II. Forms of gardening, horticulture and dacha farming for citizens
Article 4. Forms of horticultural, gardening and dacha non-profit associations
Article 5. Name and location of the horticultural, gardening or country house
Article 6. Legal status of horticultural, gardening or dacha non-profit
Article 7. Powers of a horticultural, gardening or dacha non-profit association
Article 8. Carrying out gardening, truck farming or dacha farming on an individual basis
Article 9. Associations (unions) of horticultural, gardening and dacha non-profit associations
Article 10. Representatives of horticultural, vegetable gardening and dacha non-profit associations and associations (unions) of horticultural, vegetable gardening and dacha non-profit associations
Article 11. Mutual lending funds and rental funds

Chapter III. Zoning of the territory and provision of garden, vegetable and dacha land plots
Article 12
Article 13
Article 14
Article 15. Restrictions on the provision of garden, vegetable and dacha land plots

Chapter IV. Creation of horticultural, gardening and dacha non-profit associations. Rights and obligations of members of horticultural, vegetable gardening and dacha non-profit associations
Article 16. Creation of a horticultural, gardening or dacha non-profit association
Article 17. State registration of a horticultural, gardening or dacha non-profit association
Article 18. Membership in a gardening, gardening or dacha non-profit association
Article 19. Rights and obligations of a member of a horticultural, gardening or dacha non-profit association

Chapter V. Management of horticultural, gardening and dacha non-profit associations
Article 20. Management bodies of a horticultural, gardening or dacha non-profit association
Article 21. Competence of the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives)
Article 22. Board of a horticultural, gardening or dacha non-profit association
Article 23. Powers of the chairman of the board of a horticultural, gardening or dacha non-profit association
Article 24. Responsibility of the chairman of the board of a horticultural, gardening or dacha non-profit association and members of its board
Article 25. Control over the financial and economic activities of a horticultural, gardening or dacha non-profit association
Article 26. Public control over compliance with legislation
Article 27

Chapter VI. Features of privatization and turnover of garden, vegetable and dacha land plots
Article 28. Features of the privatization of garden, vegetable and dacha land plots
Article 29. Transactions with garden, vegetable and dacha land plots
Article 30. Rights of gardeners, market gardeners and summer residents to dispose of garden, vegetable and dacha land plots
Article 31. Turnover of garden, vegetable and dacha land plots

Chapter VII. Organization and development of the territory of a horticultural, gardening or dacha non-profit association
Article 32. The procedure for developing projects for the organization and development of the territory of a horticultural, gardening or dacha non-profit association
Article 33. Standards for the organization and development of the territory of a horticultural, gardening or dacha non-profit association
Article 34

Chapter VIII. Support for gardeners, vegetable gardeners, summer residents and their gardening, gardening and summer cottage non-profit associations by state authorities, local governments and organizations
Article 35
Article 36. Procedure for supporting horticultural, gardening and dacha non-profit associations
Article 37. Participation of horticultural, gardening and dacha non-profit associations in the adoption by state authorities or local governments of decisions concerning the rights and legitimate interests of members of such associations
Article 38. Assistance from state authorities and local governments to horticultural, gardening and dacha non-profit associations

Chapter IX. Reorganization and liquidation of a horticultural, gardening or dacha non-profit association
Article 39. Reorganization of a horticultural, gardening or dacha non-profit association
Article 40. Liquidation of a horticultural, gardening or dacha non-profit association
Article 41. Procedure for liquidation of a horticultural, gardening or dacha non-profit association
Article 42. Property of a liquidated horticultural, gardening or dacha non-profit association
Article 43. Completion of the liquidation of a horticultural, gardening or dacha non-profit association
Article 44
Article 45. State registration of changes in the constituent documents of horticultural, gardening and dacha non-profit associations

Chapter X. Protection of the rights of horticultural, gardening, dacha non-profit associations and their members. Responsibility for violation of the law when conducting gardening, truck farming and summer cottage farming
Article 46. Protection of the rights of horticultural, gardening, dacha non-profit associations and their members
Article 47. Responsibility of gardeners, gardeners or summer residents for violation of the law
Article 48. Administrative responsibility of officials of state authorities, local government bodies, state and municipal institutions
Article 49. Disciplinary liability of officials of state authorities and local government bodies for violation of the law
Article 50. Criminal liability of officials of state authorities and local government bodies for violation of the law
Article 51. Compensation for losses caused to a horticultural, gardening or dacha non-profit association or its members

Chapter XI. Final provisions
Article 52. Entry into force of this Federal Law
Article 53. Transitional provisions
Article 54. On the repeal of previously adopted laws
Article 55. Bringing regulatory legal acts into compliance with this Federal Law

The federal law in Russia on horticultural, gardening and dacha associations that citizens can join, No. 66, was adopted back in 1998 in April. Over the past 20 years, many changes have occurred in the country’s economy; many regulations have been issued regarding land ownership, etc.

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Given that most plots were allocated to members of a non-profit association many years ago, many provisions of the Law are outdated and cannot be applied in accordance with other legislation issued in Russia in recent decades.

Thus, according to Russian legislation, a citizen can take into use or purchase land for exploitation for personal purposes - this is the cultivation of crops, fruits and berries, and recreation in the summer.

Depending on the intended purpose of the common territory and the permitted type of use of the land where the non-profit association is located, specific plots can be gardens, vegetable gardens, or summer cottages.

There are also lands located near populated areas that are given (sold) to citizens for residential construction. It is assumed that the owner will erect a capital building, improve the site and live there permanently.

Thus, suburban-type settlements arise. But the areas discussed in Federal Law No. 66 are intended specifically for use in the summer.

The buildings on them are allowed to be made temporary, that is, not capital, without the possibility of permanent residence. But a land user can obtain permission to erect a permanent building and even register in a dacha, where he will live all year round.

Description of the normative act

An important component of a gardening, horticultural or dacha association is not making a profit from the exploitation of the land and not distributing it among members. This is exactly what is meant by a non-profit association of citizens (Civil Code, Article 50, paragraph 1).

According to the law, such a non-profit association (NO) can be a partnership or a partnership, or have the form of a consumer cooperative. But it is these associations that have the form of a non-profit partnership and are abbreviated as garden, vegetable, and dacha (SNT, ONT, DNT).

These partnerships are established on a voluntary basis, when all members have the opportunity to solve common social and economic problems.

This act No. 66 regulates the relations and activities of citizens who are engaged in gardening or horticulture, or who run dacha farming.

In addition, their legal relations are regulated by the norms of other federal laws and codes:

• Land;
• Civil;
• Urban planning.

In the Civil Code, specifically from Art. 123.12 to 123.14 talk about partnerships in which citizens are owners of real estate, this is not only land, but also housing.

The Supreme Court also indicates that when considering disputes related to non-profit partnerships, one should be guided by the provisions of the Civil Code, Federal Law No. 99 (05.14.14)

Basic Concepts

The law is divided into several chapters. In Chapter 1, Article 1, the legislator gives basic concepts about things, what are:

Structure and key points of the Law

The structure of Federal Law 66 on gardening partnerships in the latest edition of 2019 can be considered as follows:

What were the latest changes?

In 2016, Law No. 66 underwent changes.

Some articles were supplemented with new provisions and concepts:

Reasons for innovation

With the new law No. 217, which was issued in the summer of 2017, on the conduct of gardening and vegetable gardening, as well as introducing some changes to Russian legislative acts, it was decided to make big changes in the life of suburban non-profit organizations.

Now 39 legislative acts that were adopted earlier will be subject to changes at once. But the entry into force of the new Law was postponed to the beginning of 2019.

The transition period should take 5 years. The main purpose of the Law is to gradually replace the old Federal Law No. 66 and thus finally resolve the issue of “dacha farming” in the country.

The reason for the release of the new Law were also big problems:

• Today, there are many types of non-profit organizations that are created by citizens to run suburban households.
• In partnerships, the amounts of various types of membership fees have increased significantly.
• Citizens encounter bureaucracy when registering in buildings built on suburban sites.
• The prices for drilling and construction of water wells have increased significantly, which is becoming beyond the capabilities of many summer residents and gardeners. If there is no centralized water supply, then it becomes impossible to stay in the areas and use them.
• Local authorities often do not support existing or newly formed NGOs. It is often very difficult to achieve engineering communications.

Register of members of the association

The concept of the register of members of non-profit organizations, the following data must be entered in it for each person:

1. Address (postal or electronic) at which a citizen can be contacted.
2. Cadastral number for the plot, if the land is demarcated and allocated to a member of the non-profit organization, i.e. he is the owner of real estate with the right of ownership. For example, it was privatized or bought out, received by inheritance, etc.
3. Conditional cadastral number of the plot, if the land is still the property of the state or is leased from a non-profit organization. Members of the partnership are only land users; the cadastral number is determined for all land under the NO, so the chairman of the board can appoint a conditional one.
4. Other information provided for by the charter of the non-profit organization.

To enter information into the register, members of non-profit organizations must provide the necessary information and promptly report any changes. A register is created after state registration of a non-profit organization within 10 days. Operating partnerships were required to create a register before June 2017. The document is maintained by the chairman of the board.

Procedure for holding a general meeting

The latest edition provided for a correspondence form. This can be done if the meeting could not be held due to lack of quorum.

The provision remains in force in the new edition; the following issues can be included on the agenda of the meeting in absentia:

• approval of the latest version of the charter as amended;
• reorganization or liquidation of non-profit organizations;
• approval of the report that is drawn up during the audit of the property of the non-profit organization;
• approval of income and expenditure estimates, various board reports.

Membership fee

Innovations also concern the financial side:

• entrance fees have been cancelled;
• members of non-profit organizations will have to pay only membership and target fees;
• the amount of contributions and frequency of payment will be established by the board of the partnership;
• the amount of membership fees should depend on the area of ​​the site and the presence of buildings on it;
• if a member of a non-profit organization does not pay any fees for a long time, he may be forced to do so through the court;
• no tax will be charged for home ownership, provided that the house is registered as residential;
• payment of membership or target fees will be made to the current account of the BUT, they can no longer be paid in cash;
• after paying the fees, the member of the non-profit organization must keep a receipt in his hands;
• funds spent from contributions will be monitored.

Extended list of documents

According to the requirements of the old edition of Federal Law No. 66, members of the gardening partnership must be given a copy of each protocol:

• general meeting;
• board meetings;
• meetings of the audit commission and monitoring compliance with legal requirements.

But today, in the new edition, this list is somewhat expanded.

Each member of the non-profit organization can request from the board for independent verification:

• charter of SNT, ONT or DNT with amendments and additions;
• state registration certificate;
• documents on accounting and tax reporting;
• documents related to voting at the general meeting, these can also be ballots, powers of attorney, etc.;
• , registered on common property;
• other documents, the list of which is provided by the charter and legislation.

A member of a non-profit organization can request any of the above documents for review, but citizens are allowed to make and give copies. For the provision of copies, a fee will be charged in the amount of the cost of a photocopier.