How to create a dacha non-profit partnership

It is best to hand over the notice of the meeting to each owner against signature. For this purpose, a log of delivery of notifications is prepared, in which each owner enters his first and last name, address of the site and signs.
To those owners who did not receive the notice in person, it is sent by mail in a valuable letter with a list of the contents.
Place notices about the meeting on information boards in the cottage community or on poles and fences.
Publish in the local municipal newspaper.
Post on the website of the cottage community.

To obtain maximum evidence, notices to owners about the meeting are sent by all of the above methods.

What should be included in the notice?

The content of the notice of a general meeting on the creation of the DNP is strictly regulated by law. The notification must indicate:

date of the meeting
time of the meeting
venue of the meeting
agenda
where and in what order can you get acquainted with the documents for the meeting?

The charter of the future DNP is posted on the website of the cottage community or an address is indicated where each owner can familiarize himself with the charter, for example, the address of one of the members of the initiative group or the address of the Internet page on which the charter is published.

How to hold a general meeting

Before the start of the general meeting, you need to register all the owners who came and give each one a voting ballot. To do this, each participant in the meeting is entered into the registration log, in which a note is also made about the receipt of the ballot. The meeting is chaired by a chairman who is selected at the very beginning. He answers questions from those gathered, if they arise, and invites them to vote. After all ballots have been submitted, votes are counted, and if the decision to create the DPP is made, the application for registration of the DPP and the charter, certified by the signature of the elected chairman, are submitted to the tax authorities. After making an entry about the DNP in the Unified State Register of Legal Entities, the DPP is considered created.

It is important to remember that any errors in the procedure for creating a DNP may lead to the DPP not being registered or its creation being subsequently challenged in court by any of the owners.

If you are not confident in your abilities or are not ready to spend time preparing and holding a meeting and registering the DPP, contact our law firm and we will do all the work for you.

Read more about the services provided by legal entities in the field of managing cottage communities in the special section of our website.

For more information call us or online.

Sergey Rudenko

All rights to this publication belong to Krasnikov and Partners LLC

When reprinting, please refer to the website www.krupps.ru

25.04.2016

What to do with abandoned plots in SNT

The resulting total amount of expenses is divided by the number of plots in the partnership or their total area. In this way, the size of the annual membership or target fee is determined for each site, inhabited or abandoned. And the more abandoned plots in the partnership, the wider the “hole” appears in its budget.

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No one could even imagine that in a few decades gardening partnerships would become full-fledged legal entities, with all the ensuing consequences. SNT will have to have a current account, enter into contracts for work, keep accounting records and pay contributions to funds at almost the same level as commercial organizations. That the chairman will work all year round (although this is sometimes not visible to ordinary gardeners), receive a salary and be fully responsible for everything that happens in “his garden”. He must, in addition to organizational work on the repair of roads and fences, fulfill the requirements for garbage removal and fire safety, and also in a short time become an expert in the field of management, accounting, jurisprudence and cadastral issues.

Our “Cottage Villages”: the mirage begins to dissipate

It is not difficult to guess that the authorities of the Moscow region can create a precedent that will echo throughout all regions of the country. It is quite possible that it will be picked up by the Federal Government, and then we can expect a corresponding resolution, or even some kind of amendment to the Town Planning Code. It’s not difficult to guess what all this will lead to: many “developers” who have registered their plots for DNT and SNT will have to approach the organization of the declared “cottage villages” and “estates” much more seriously than now. If “dacha residents” are compared to individual housing construction when it comes to connecting to networks, then resolving the issue regarding technical conditions will be both more difficult and more expensive. According to today’s electricity consumption standards, one individual house in a “normal” village requires 12–15 kW. For country houses, they can allocate some 2 - 3 kW. For year-round living, taking into account peak loads, this, of course, is not at all enough. And if we also take into account social infrastructure facilities, shops, street lighting (without which a “real” village cannot exist in principle), then the issue of connecting to networks will cost a tidy sum. Every additional kilowatt costs us money, and in some cases we will have to build a new substation at our own expense. In addition to technical conditions, “normal” villages are also subject to fairly strict urban planning standards regarding the design of roadways, the width of streets and internal passages, which “dacha residents” usually do not worry about, organizing narrow passages in order to save land.

In short, the issue of transition from DNT to individual housing construction is not only a legal, but also a technical problem. If everything just came down to changing the category of land, to the boss’s squiggle, then the issue would not be so pressing. Let’s say that the developer is not lying about his plans to create a normal settlement; he immediately lays out the project in accordance with the urban planning requirements necessary for these purposes. But how many such enthusiasts do we have? That is the question.

Conflicts near Moscow arose precisely on this basis, when a dishonest businessman promises gullible citizens a paradise for permanent residence, while ordering technical conditions according to the norms of a gardening partnership. Having sold the plots, he disappears in an unknown direction. Meanwhile, buyers are sweating to build their two-story mansions, not even realizing what tests they may be subjecting themselves to. In principle, we have a similar situation in the Novosibirsk region. One cannot, of course, suspect all developers of fraud, but one cannot help but pay attention to the frivolity of their statements and promises.

According to the president of the Association of Low-Rise and Individual Housing Construction, Inna Svechnikova, developers selling land plots in suburban areas are largely responsible for the fact that citizens get involved in the construction of their own houses in not entirely suitable places, without even realizing the real risks. Flashy advertising of “cottage communities” and “estates” clouds the consciousness of potential buyers, giving them illusions about the real state of affairs. As Inna Svechnikova believes, some citizens do not fully understand the difference between DNT and individual housing construction, which is what developers take advantage of, seducing people with tempting prospects. Of course, it happens when the developer himself sincerely believes in his project and hopes to implement it. However, practice shows, Inna Svechnikova clarifies, that even such enthusiasts sometimes overestimate their capabilities. And if you look at the situation impartially, then the developer, having tamed his creative ambitions in the face of objective difficulties, still remains in the black, having sold off land plots at a profit. The “disadvantages” will be felt by buyers when their bright dreams of year-round living dissipate under the onslaught of physical circumstances.

Land plots for TSN - advantages and disadvantages

Land for TSN belongs to the same category as land for DNP. The difference is that plots of land in TSN will cost more than approximately equivalent plots in DNP, because they have a higher quality score (for higher land fertility). Accordingly, sites for TSN are located in more environmentally friendly and beautiful areas, have more convenient entrances, and special transport routes often go there.

Advantages of the TSN land plot:

Lower cost than plots of land for individual housing construction.
Located outside the city, in the countryside.
It is not necessary to build a country house on a plot of TSN land - the land can only be used for growing crops if its owner so desires.

Disadvantages of the TSN land plot, restrictions:

You will have to pay for the connection of roads, communications: gas, water supply, electricity, sewerage to the plots in TSN. Most often, it is very difficult and expensive to carry out communications to TSN sections, and sometimes it is impossible.
It is often impossible to register for housing on a TSN site, since the house is located on agricultural land.
Although the Constitutional Court of Russia in some cases recognizes the right of homeowners on TSN land to have permanent registration in this home (propiska), in reality this can be very difficult and time-consuming to accomplish.
Banks extremely rarely accept TSN land plots as collateral when they want to formalize a mortgage transaction.
Regardless of how large and substantial a house you have built on the TSN site, according to the documents it will still be listed as a country house. Depending on this, the expert assessment of your home may be low if you want to sell it, difficulties will arise with registration of all family members, etc.

Deputy Director for Construction Ilya Titenkov answers:

Members of the SNT are not obliged to change the organizational and legal form of the created association of citizens. Changing the type of SNT to HOA is not its reorganization; accordingly, changing the abbreviation SNT to TSN is a right and not an obligation of a non-profit association of citizens, subject to both conditions established by law being simultaneously met.

The new 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,” which will come into force on January 1, 2020, establishes that if on all land plots located in the territory of gardening , there are residential buildings, the partnership itself is located within the boundaries of the locality, and the non-profit association complies with the norms of the housing legislation of the Russian Federation, then changes in the type of partnership occur without changing the organizational and legal form of the partnership.

The reorganization of non-profit organizations created by citizens to conduct gardening, vegetable farming or summer cottage farming before the entry into force of this Federal Law is not required, except for the cases established by Article 54 of this Law.

Is it difficult to legalize a country house after purchase?

What are the risks when buying a house and land with a mortgage?

How to apply for SNT

SNT or garden non-profit partnership is a voluntary association of people - owners of garden plots located within the boundaries of one plot of land. The essence of the activities of such associations is to collect funds from each participant, directed to the development and improvement of the territory that is in the common use of summer residents. Each member of the partnership has certain rights and obligations. How is SNT registration carried out?

Documents for registration of SNT. The procedure for registering a non-profit partnership of gardeners and gardeners can be divided into several stages: Preparation of documentation. Appointment of a representative and vesting him with the necessary powers.

Visit to the registration authority. The opening of a new legal entity is carried out through the tax office.

Land plots for individual housing construction - advantages and disadvantages of the individual housing construction plot

These plots of land are the most prestigious and are in great demand; they are intended for the construction of residential buildings, houses, and cottages. Accordingly, the acquisition of land for individual housing construction will cost more, since these plots are located within residential settlements.

Advantages of an individual housing construction plot:

You can easily register in a house built on this site and you will have an address.
Accordingly, having a residence permit, you will be able to get a job, receive mail and subscribe to periodicals.
Social norms apply to individual housing construction lands in the country - providing residents with social infrastructure (hospitals, clinics, kindergartens, schools, shops, etc.), roads, and all possible communications (electricity, gas, water, etc.).
Having permanent registration, you will be able to store your weapons in your home, if you have one.
The house, which is built on an individual housing construction plot, is intended for people to live in. It will be much easier for you to apply for a tax deduction for built housing.
A land plot for individual housing construction can be accepted as collateral by various banks if you want to get a targeted mortgage loan.

Disadvantages of individual housing construction land plot, restrictions:

There are restrictions on the size of the plot (each region of Russia has its own minimum and maximum standards).
Since it is planned to build a residential building on individual housing construction, and not a garden house, you will need to coordinate your construction project with the relevant organizations and services and obtain all permits. During construction, you will need to comply with all existing GOSTs and SNiP rules. Upon completion of construction, the residential building will need to be properly put into operation, again coordinating all issues with existing authorities.
Although, by law, individual housing construction sites are required to provide all communications free of charge and build roads, this does not at all guarantee that your home will have an excellent road, and that electricity, water and gas will be supplied without interruption.