Expulsion from SNT members: grounds and correct procedure

When purchasing land for horticultural or vegetable farming, citizens often join voluntary associations, such as SNT.

A garden non-profit partnership is created by members and owners of garden land on a voluntary basis to conduct joint farming. Being a member of the SNT means feeling more secure and not fearing for the safety of your land.

Each member of the SNT has every right to leave such an association voluntarily. Unfortunately, such an exit does not always become profitable and useful for him, especially if it is carried out in violation of the procedure for leaving the association.

We will tell you in this article how to leave SNT, and how this threatens a former member of the partnership.

Ways to leave a union

A gardening non-profit partnership is an organizational and legal form of association of citizens on a non-profit basis to achieve certain goals . The purpose of the association here is the desire of the owners or possessors of land to facilitate the management of their farms.

Each SNT has its own chairman, who, on behalf of the partnership, has the right to conduct any legal activities and act on behalf of other members of the partnership to solve problems related to the main purpose of the association.

All major issues of the SNT are resolved at meetings where members have the right to vote . For such an association, as a rule, participants pay fixed fees, with the help of which the partnership can function.

Joining the SNT, as well as leaving the partnership, are absolutely voluntary for citizens.

It is worth noting that voluntary withdrawal from the partnership in this case will not be a release of the gardener from the burden of maintaining his land plot.

How to leave SNT for individual use is up to each gardener to decide for himself. Federal Law No. 217 provides for 3 legal options for converting interactions with SNT:

1. Voluntary withdrawal when the gardener submits an application to the board of the partnership.
2. Forced – when a decision is made at a meeting to expel a gardener.
3. Automatic - upon the death of the gardener or termination of his right to own the plot.

When selling a garden plot to another person, information about the new owner can be found from an extract from the Unified State Register of Real Estate. From the moment of registration of his property, the new owner becomes the individual owner of his plot. He can join SNT only after registering property rights, if he expresses a desire.

How to properly leave a partnership? To do this, first of all, it is necessary to carefully follow the entire procedure for terminating the relationship, if we are talking about a voluntary expression of will.

What could be a good or bad way out?

Is it possible to leave the association? Of course it is possible . But it should be borne in mind that such termination of the relationship may not be entirely beneficial for some categories of gardeners.

There are pros and cons to exiting SNT, the impact of which must be collectively assessed before making a responsible decision.

The obvious advantages of such termination of the contract include the ability to conduct business on an individual basis, without taking into account the opinions of other gardeners, and the cessation of payment of membership fees.

Among the negative points it should be noted:

1. You will no longer be able to take part in the affairs of the partnership.
2. Your voice will no longer have any power, since you will have to be in the minority.
3. You will lose the opportunity to be elected to the board.

Upon leaving the SNT, the gardener has the right to no longer obey the rules and decisions established by the partnership. Such unauthorized exits and ardent attempts to disobey the rules of the partnership often give rise to conflicts between gardeners.

How to leave a partnership if you own the land

The fact of full ownership of a land plot located on the territory of the partnership does not oblige citizens to become a member of the SNT. Accordingly, termination of membership will also not affect the right of ownership. Membership cannot also be refused on the basis of a person’s ownership of land.

Watch the video. Acceptance and withdrawal from the partnership:

What does the exit procedure look like?

The procedure for leaving the SNT is strictly regulated by special legislation. If the procedure is not followed, the exit may be canceled and payments will be assessed for missed payment deadlines.

Let's look at what you need to consider when terminating an agreement with an association.

So, the procedure essentially consists of two main stages:

1. A statement of withdrawal is drawn up in two copies, the first of which remains in hand, and the second is handed over to the manager of the partnership.
2. Receive a mark on your copy about the date of submission of the document and the authorized person who accepted it.

In fact, the gardener does not even need to wait for a meeting to be held and a decision to exclude him is made . You can do this only for your own peace of mind, to understand that the procedure is completed.

Many people wonder how to write a letter of resignation? This is not difficult to do; it does not require specific knowledge and skills. The main thing is that the document contains a request for withdrawal and the conclusion of an individual agreement, a calculation of the share is made and all contributions made and the amount of debt are reconciled.

A gardener can be forcibly excluded from the association only if he does not pay fees for 2 months or more.

SNT also has its own charter, which may indicate a more precise period of non-payment, after which the procedure for expelling a member is initiated.

If a gardener dies, as a rule, SNT does not receive any information about the death of a citizen . Then his withdrawal from the membership occurs by expelling his candidacy at the meeting, provided that he has stopped paying monthly dues.

When the issue of expulsion of a member is decided at a meeting, notice of such a meeting must be sent to him. An extract from the protocol on exclusion is similarly sent to the gardener after a decision is made at the meeting.

The comrade is not immediately expelled from the SNT; first he is given the right to reform and pay off his debts. Only after such notice is ignored will a meeting be organized to expel the member.

Land ownership does not affect the exit procedure. How to get out of SNT if you own the land? If ownership is not lost, exit is carried out voluntarily through an application.

Buying an apartment through a real estate agency

Realt.by user Alexey turned to experts with a question about payment for real estate services.
The real estate buyer is perplexed as to why and whether he is obliged to pay a commission to the agency: “Good afternoon. I found an apartment in an advertisement. I called and contacted the realtor, looked at the property, and it was okay. The next day we agreed on a price. Afterwards I asked for a re-show in the presence of the owner - the seller and my wife. They further warned that their services upon purchase will amount to an additional 50 b.v. Am I required to pay realtor fees, or can I buy a home without additional payments?”

Lyudmila Leparskaya, director of Ulasny Dakh LLC, answers:

— Good afternoon. Payment for realtor services is voluntary. An agreement for the provision of real estate services is concluded. For my part, I always recommend concluding such an agreement.

Let's figure out what you are paying for and why you need it. The realtor will agree on all the conditions that are very important for you: the price of the property, payment terms, payment terms, will carry out settlements between the parties in accordance with the law, coordinate and carry out the transaction itself and the transfer of ownership, control utility bills and the completeness of the transfer of the property. Legal due diligence and verification of title documents are very important. Nobody wants to be left without an apartment in the future. The activities of all real estate agencies in our country are licensed and insured, which means that your transaction is insured.

Think about it, is it worth saving? The decision is yours. I always recommend insuring yourself against troubles that may arise when purchasing real estate.

Consequences of leaving

So, what are the consequences for an individual gardener after terminating relations with SNT? A particularly pressing question is what will happen to the common property of the partnership. Will this gardener actually claim use of it?

Two consequences of exit are important:

• rules for the use of common property;
• refund of paid fees.

The gardener's withdrawal from the partnership does not affect his ownership of the land. Ownership rights remain with the gardener .

If the exit was carried out by a member who has not yet managed to register his right to the land, the issue of establishment is resolved individually with the SNT.

If, as a member of the SNT, a citizen received a share in some property purchased with contributions, he has the right to return it. This can be done in kind or through cash payment.

Use of common property

The common property of gardeners is roads, electric poles and everything else that the gardener will continue to use after he leaves the partnership.

He will not need to go to his site bypassing the public road. He will have the right to use all this in the same way as before .

To legitimize the new relationship, he will have to conclude a new agreement with SNT on the use of common property. After receiving the application, SNT is obliged to offer the gardener to enter into a new contract.

If such an offer is not received from the partnership, the emerging gardener needs to take the following measures:

1. Create a draft of such an agreement yourself.
2. Send it by mail to SNT.
3. If you refuse to sign the agreement, file a claim in court.

Payments under the agreement are not identical to the contributions of SNT members. The board has no right to inflate such payments; such actions can similarly be appealed in court.

Refund of fees

Upon termination of relations with the association, the gardener has the right to receive a refund of targeted contributions upon leaving SNT . Anything paid in advance must be returned upon departure.

The SNT manager may not return the money to the gardener if an annual plan was drawn up in advance and the funds paid have already been spent on the needs of the partnership.

All payments must have documentary evidence in the form of checks and receipts.

If the manager refuses to return the funds, you need to send him a notice by mail demanding a refund. In the future, it will need to be attached to the lawsuit in support of an attempt to resolve the dispute with SNT peacefully.

How to re-get a subsidy for housing construction?

We received an interesting question regarding subsidies for housing construction. Previously, the author of the letter had already received a subsidy for the construction of an apartment, but later the contract with the developers was terminated, and the subsidy amount was returned in full. Question: Is it possible to re-apply for a subsidy for housing construction?

"Hello! I received a subsidy for housing construction in accordance with Decree No. 240, and the contract with the developer was terminated, the subsidies were returned in full within the established time frame from the excerpt of the decree given below. Can I again receive a subsidy for housing construction, as a young family, based on an excerpt from this decree: “Citizens who were recipients of a subsidy for the payment of part of the interest (subsidies) do not include citizens in respect of whom a decision was made to provide a subsidy for payment of part of the interest (subsidies), but such subsidy (subsidies) was not transferred or was returned in full by citizens to the local budget within 3 months from the date of termination of the agreement for the creation of a shared construction project (including in connection with the refusal of one of the parties to fulfill such agreement), withdrawal or expulsion from members of the developer organization, seizure of a land plot. Family members of recipients of subsidies for the payment of part of the interest (subsidies) do not include citizens who have not exercised the right to receive a subsidy for the payment of part of the interest (subsidies) as family members of recipients of such subsidies (subsidies) under the specified circumstances.”

Answered by lawyer, realtor of the Etazhi Academy of Sciences Dmitry Khmyl :

— In accordance with part 5 of subclause 1.7 of clause 1 of the Decree of the President of the Republic of Belarus of July 4, 2020 No. 240 “On state support for citizens in the construction (reconstruction) of residential premises”, citizens who were recipients of subsidies for the payment of part of the interest (subsidies) are not These include citizens in respect of whom a decision was made to provide a subsidy for the payment of part of the interest (subsidies), but such subsidy (subsidies) was not transferred or was returned in full by citizens to the local budget within 3 months from the date of termination of the agreement for the creation of a shared construction project ( including in connection with the refusal of one of the parties to fulfill such an agreement), withdrawal or exclusion from members of the developer organization, seizure of a land plot. Family members of recipients of subsidies for the payment of part of the interest (subsidies) do not include citizens who have not exercised the right to receive a subsidy for the payment of part of the interest (subsidies) as family members of recipients of such subsidies (subsidies) under the specified circumstances.

Thus, in accordance with the legislation of the Republic of Belarus, based on the situation you described, since the agreement for the creation of a shared construction project was terminated and the subsidy was returned in full, it is considered that you did not receive the subsidy, accordingly, your next application for a subsidy will be the first, and not repeated, that is, you can again apply for a subsidy.

Recommendations for leaving SNT

In 2020, slightly modified rules for leaving a partnership and rules for regulating relations within the association are in effect. The lawyers' answers to numerous questions from gardeners about leaving SNT boil down to the fact that financially today it is not entirely advisable.

An individual now pays the same fees as non-contract members of a partnership. By paying for the use of common property, individual gardeners will also continue to resolve issues regarding the disposal of this property.

Judicial practice regarding the withdrawal of members from SNT confirms the tendency of the courts to satisfy claims against the partnership . They are universally obliged to allow members to leave, to pay them pre-deposited funds, and to offer them the conclusion of new contracts.

Now the partnership has the right to collect money from members no more than once a month. All payments must be made non-cash by transferring funds to a specially created SNT account.

All plots for farming are registered in Rosreestr.

SNT is a voluntary association of gardeners, from which they can freely leave at any time . Such an exit is forever feasible from an economic point of view, because in fact they only have to re-register their relations with SNT with a new agreement for the use of the common property of the association.

Whether to leave the partnership or not is a personal matter for each gardener who has a plot of land of a certain type of permitted use.

Is it permissible to exit if there are debts?

In order to voluntarily leave the partnership, it is not necessary to obtain approval from the general meeting of the SNT. All you have to do is write a statement and terminate your membership. No additional papers are required; it is enough to notify the chairman of the decision. .

According to Federal Law No. 66-FZ, responsibilities are established for members of a gardening and vegetable farming partnership. One of these obligations is the payment of membership fees, taxes and other payments. The amount of the contribution is regulated by the Charter, and compliance with the provisions of the constituent document also represents a specific type of obligation.

Is it legal to keep chickens in SNT?

Is it possible to install a blind fence in a dacha? Read here.

Is it possible to register a house in SNT as residential in 2020, read the link:

What to do if contributions are not paid? The chairman of the partnership can recover these in court. At the same time, the right to exit from the SNT cannot be abolished by the presence of a debt. This is contrary to the provisions of the law.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Reasons for the liquidation of SNT in 2020

SNT is closed at the request of the local government body in whose territory the non-profit partnership is located, if it is discovered that there is an insufficient number of participants (less than seven members). This is stated in Part 2 of Art. 16 of Federal Law No. 217-FZ. And also in other cases set out in Part 11 of Art. 12 of this law. In addition, the Federal Law provides for such an exceptional measure when land plots are seized by state or municipal authorities to carry out special work. For example, this could be the construction of an expensive state or local project.

When will SNT be liquidated?

2) The processing of personal data is limited to the achievement of specific, predetermined and legitimate purposes. Processing of personal data that is incompatible with the purposes of collecting personal data is not permitted;

1. There are no restrictions adopted at the federal level.
2. Possibility of providing a positive environmental report.
3. It is possible to change the status based on the approved territorial land management plan.

In a partnership, each other is not comrades

The gardening partnership is a state within a state, with its own laws and rules.
And if you independently choose to live in it, be kind and respect the requirements and rules that govern this life. This is most likely the reasoning of the Chairman of the Lesnaya Polyana-88 ST, Alexander Kovalkov, when on October 17 last year he turned off the light for the summer resident. But Andrei Skorinkin does not agree with the actions of the chairman - such a “sadistic measure” on the part of the management is not commensurate with a violation of the ST charter. We are talking about non-payment of targeted contributions in the amount of 75 rubles for a burnt out pump and road reconstruction. In addition, this is the first time that a summer resident has become one of the defaulters - before this he always fulfilled his duties conscientiously and regularly paid the required fees. Andrei Vladimirovich complains: “I’m a writer and I work where I live, but I live in a dacha where there is no electricity.” I was deprived of the opportunity not only to live fully, but also to work. It all started when on May 27 last year, at a meeting of summer residents, it was decided that dues needed to be paid. That day, for objective reasons - he worked as the chairman of the jury of the Lida Wreath festival - he was not at the general meeting. Therefore, of course, I didn’t know about the mandatory payments. But the management of ST did not find a way to notify me about this - in the period from May 27 to October 17, they stubbornly sent registered letters to the address of the apartment in Minsk that I rent. Although, if you wanted, you could just come up and say (our house is located a hundred steps from the boss’s office and we spent the whole summer at the dacha), call, send a message.

Andrei Vladimirovich learned that he had a debt only when he called the treasurer after the power went out. According to the summer resident, within an hour after the conversation the debt was repaid.

But there was no electricity in the house...

Skorinkin explains the reason by saying that the chairman is demanding a penalty for late payment of the target contribution:

— He also demands money for the work of a full-time electrician, who cut off the power to our house, and talks about some kind of fine for not participating in the spring cleanup. After my appeal to the leadership of the Minsk region, on November 14, a letter was sent to the chairman of the Union, in which it was recommended to consider the issue of connecting electricity to the gardening partnership. But even the recommendation of the head of the Minsk regional executive committee to the managers of the partnership, unfortunately, had no effect. The energy blockade of our home still continues.

Chairman Alexander Kovalkov has his own vision of the situation. I am sure that he acts strictly within the law:

— Notified the member of the gardening partnership about the need to pay fees properly — sent four registered letters to the registration address. I could not have known that the actual residential address did not coincide with the place of registration. In addition, our ST has 153 houses and 160 members. It is difficult to track which of them spends how much time at the dacha. In addition, Andrei Skorinkin should know (this norm is spelled out in the charter): all decisions of the board are posted on the notice board within five days and the information is kept until the new general meeting. One of three such information boards is located near Andrei Vladimirovich’s house.

As for the power outage itself, Alexander Viktorovich explains: this is a standard measure of influence on the failure to fulfill certain obligations. They are spelled out both in the Regulations on the Gardening Partnership, approved by Presidential Decree No. 50 “On measures to streamline the activities of gardening partnerships,” and in the local act - the charter of the ST. In the regulation, in particular, paragraph 19 states that a member of the partnership is obliged to fulfill the requirements established by the charter and internal rules of the partnership, decisions of the general meeting, the board, make contributions on time, not violate the rights of other members of the partnership and a number of other obligations. Skorinkin did not pay the money on time - he has a debt in the form of non-payment of the cleanup fee in the amount of 20 rubles and a penalty of 50.75 rubles for late payments.

— I am not biased towards this member of the partnership. Indeed, in St., sanctions in the form of turning off the lights were applied to a dozen gardeners: some did not replace old electricity meters, others did not pay targeted fees, others arbitrarily seized extra meters,

- adds Alexander Kovalkov.

There is a third party to this whole story - the Minsk District Court. Despite the arguments of the chairman of Lesnaya Polyana-88, he decided to satisfy the claim to force the restoration of electricity. Andrei Skorinkin is not surprised by the outcome, but Alexander Kovalkov intends to exercise his legal right to appeal the decision to the Minsk Regional Court:

“I don’t agree with the conclusion, so I’m preparing documents for re-examination.” If the decision of the regional court remains unchanged, we will immediately implement it - we will connect the light to the ST participant. But his debt still remains.

However, in the reasoning part, the district court explained why it sided with Skorinkin. The fact is that the partnership violated the disconnection procedure. Andrei Vladimirovich did not receive instructions on the need to pay targeted contributions. The court came to the conclusion that subsequent, after a power outage, notification of the debt cannot determine the legality of previously committed actions to turn off the light without notification.