How to leave the founders of a cooperative

Many car owners use garages located in a garage cooperative. But often citizens are dissatisfied with the actions of founders who violate legal requirements or change the charter without warning the participants. Therefore, citizens need to leave this cooperative. But the process must take into account some rules, otherwise you may lose your right to a garage.

Additionally, exclusion from the cooperative may be forced if a participant, for various reasons, violates the requirements of the constituent documentation.

Forced exclusion

This is only possible for good reasons. These include:

refusal to comply with the conditions specified in the charter of the cooperative, and they must include fire safety, making mandatory payments or maintaining property;
transmission to the accounting department of the organization of knowingly false or unreliable information regarding the appearance or condition of the garage;
causing harm, which usually consists of the absence of obligatory payments or the commission of other actions provided for by the statutes.

Information!

Under such conditions, the citizen is excluded from the association unilaterally, although he can challenge the decision in court.

What are the consequences?

At your own request.

With the help of the court, they can force you to enter into an agreement for the provision of services (for example, subsidized payment for lighting, a watchman, snow removal, tax on a plot of land).

Forced exclusion.

A person expelled from membership of a cooperative has every reason to appeal the decisions of the board of the Civil Code and the supervisory board of the association through the next general meeting of the association, or go to court.

Also, a person who forcibly left the membership of a cooperative is authorized to receive a share in accordance with the regulations established by Article 18 of this Federal Law.

The process of leaving the Civil Code

The procedure depends on whether leaving the cooperative is voluntary or forced. The work of any Civil Code is regulated by the provisions of the Civil Code, Federal Law No. 99 , as well as the charter drawn up during the formation of the association.

At will

If a citizen independently wants to leave the Civil Code because he is dissatisfied with the actions taken by the owners of the association, then he can leave this institution at any time.

But first, the terms of the charter are carefully studied in order to identify all the requirements under which a painless termination of cooperation is permitted.

The procedure for exiting the Civil Code is divided into stages:

the share is paid in full so that the rights to the garage are transferred to the citizen;
ownership of the property is registered in Rosreestr, for which title documentation is presented, represented by an agreement drawn up with the cooperative, as well as a certificate of repayment of the debt for the garage;
an application is drawn up for the head of the Civil Code, which is submitted to a representative of the organization;
a meeting is held at which the conditions for the withdrawal of one participant from the Civil Code are agreed upon;
if there are no obstacles or difficulties, then an application is submitted to the BTI, on the basis of which a survey of the area located next to the garage is carried out.

Attention!

Based on Art. 622 of the Civil Code, subtenants must return plots of land in their original form, therefore, in some cases, garages are demolished and citizens lose their property, so it is necessary to carefully study the charter before signing the contract.

If the municipality or representatives of the Civil Code do not agree to the provision of the site and property, then a lawsuit is filed in court. It is advisable to invite a lawyer to conduct the proceedings. If a member of the Civil Code dies, his heir takes his place.

Forced exit

Citizens often leave the Civil Code forcibly, for which the owners of the association independently decide to terminate cooperation. To do this, a general meeting is held at which evidence of violations on the part of the participant is examined. The most common reason is that payment has not been made within 6 months of the due date.

Information!

Citizens who are forcibly expelled from a cooperative submit an application for refusal to join this organization. At the same time, all debts and penalties, if they were accrued, are returned within a year.

Exiting the GSK if you own a garage - step-by-step instructions

The procedure for voluntary withdrawal from the GSK is quite simple. To do this, you must follow the following procedure:

Submit an application filled out addressed to the chairman of the cooperative, with a request to exclude you from members of the community.
Take part in the general meeting of cooperative members. The agenda must include the issue of termination of membership and minutes of the meeting must be kept. You must have a copy of it at your disposal.
Together with the treasurer or accountant of GSK, reconcile the calculations and enter the accrued amounts of contributions. Hand in your membership book.

Upon completion of these actions, a corresponding note is made in the cooperative’s documents, and the supply of services provided for by the GSK Charter to the garage is stopped. If the owner requires electricity or other services, he has the right to enter into direct contracts with suppliers.

Consequences of leaving

The consequences depend on whether the citizen leaves the cooperative independently or forcibly. In the first case, citizens face the following negative results:

forced conclusion of an agreement for the provision of services through the court, for example, if garages are guarded by a watchman, snow is regularly removed or lighting is available;
annual payment of property tax, as the citizen becomes the owner;
cessation of services, so the owner will have to independently take care of his property, protecting and repairing it.

Warning

If a citizen is forcibly expelled from the Civil Code, he can appeal directly to the members of the association or file a lawsuit in court. If a person agrees with this decision, then the previously paid share is returned to him, minus the debt and fines.

5.1. Grounds for termination of membership in a cooperative

Clause 1, Art.
14 of Law No. 190-FZ establishes the following grounds for termination of membership, which can be duplicated in the charter as follows: Membership in the Cooperative is terminated in the following cases:

Voluntary withdrawal of a shareholder from the Cooperative at his own request.

Note:

This basis corresponds to the principle of voluntariness in joining a cooperative and the freedom to leave it, regardless of the consent of other shareholders (clause 3, clause 3, article 3, Law No. 190-FZ).

Exceptions from shareholders.
Liquidation or termination as a result of reorganization of a legal entity that is a shareholder of the Cooperative;
Termination of a legal entity - a shareholder in connection with its exclusion from the Unified State Register of Legal Entities by decision of the registration authority;
The death of a shareholder, declaring him dead or declaring him missing in the manner prescribed by law.
Termination of the Cooperative as a result of its reorganization.
Liquidation of the Cooperative.
Termination of the Cooperative due to its exclusion from the Unified State Register of Legal Entities by decision of the registration authority.

Note:

This is possible if the cooperative actually ceases its activities, does not make transactions on the bank account for twelve months, and does not provide reports.

What documents are needed?

Information!

If a person wishes to independently leave the GC, then he draws up an application addressed to the owner. To do this, the requirements specified in the charter are taken into account. The application is accompanied by a membership book, receipts for payment of utility bills for 5 years, as well as payment documents confirming the payment of the share.

The statement provides the following information:

personal information provided by full name, date of birth and passport details;
request to be excluded from the cooperative at your own request;
information that the person has paid the entire share and undertakes to repay debts, if any;
At the end there is a signature and date of formation.

If a citizen is excluded from the Civil Code, he still draws up a statement. It indicates the need for exclusion from the association. Additionally, information is provided that the applicant does not have any claims or demands against the cooperative.

How to file an application to leave a garage cooperative?

Termination of membership is possible only with a written statement from the garage owner. You should first check with the chairman of the cooperative whether the form of the document is provided for in the Charter. If no special requirements are established, then the application is a simple document that must contain:

the addressee to whom it is sent (the chairman of the State Committee);
details of the applicant indicating his full name, passport details, registration information, as well as the garage box number;
date of document preparation;
Name;
the text of the application, which sets out a request for exclusion from membership of the cooperative;
information about the absence of debt on contributions and claims against the community;
applicant's signature.

It is recommended that the application be drawn up in two copies, one of which must be endorsed with the date and signature of the person who accepted it into the GSK.

What are the consequences of leaving a gardening association?

Leaving the gardening partnership does not mean termination of your rights to a plot of land or other common property remaining on the territory of the partnership.

The article was written, to put it mildly, not entirely accurately and on outdated material. Federal Law-66 is a dying law and gardening partnerships since September of this year, when the charter is first clarified, become TSN and outside Federal Law 66.

You don’t really need to pay fees, but you will have to pay for the use of common property and the consumption of resources, in particular water supply.

Liquidation of a garage cooperative

The issue of liquidation or reorganization of the association can only be resolved at a general meeting of members, provided that more than 2/3 of the participants voted for liquidation. How the liquidation of a cooperative should proceed should be described in detail in the sixth chapter of the charter. In order for this legal process to be completed successfully, you need to go through several mandatory steps.

It is important to remember that the process must be carried out carefully, because if at least one of the points is performed incorrectly or skipped, then all stages will have to be completed again. And this will require new investments of effort, time and financial resources.

Termination of activities or bankruptcy may occur on the basis of a verdict issued either by a court or a meeting of participants. Voluntary liquidation can take place if the cooperative has achieved the purpose of its creation or the period for which it was created has expired. Its closure may be forced through the courts if the organization’s work is carried out in violation of legal requirements, legal, construction or sanitary standards.

Liquidation includes the following stages:

Adoption of a decision by the general meeting.
Election at a meeting of the liquidation commission.
Notification of the decision made by garage owners to the registration authority.
A note is published in a special publication stating that the cooperative is ceasing to operate.
An interim balance is drawn up.
Settlements are made with all creditors and investors.
The final balance is formed.
Liquidation documents are submitted for registration.

Members of the cooperative independently select a liquidation commission, which carries out all other points until the work of the association is completely completed.

The creation of a garage cooperative takes place with the help of an initiative group, which, after its selection, handles all the paperwork and registers the GSK as a working non-profit organization. A cooperative must have a charter and several other documents, the list of which can be adjusted by local authorities. The admission of new members, as well as their expulsion, occurs on the basis of decisions of the general meeting of all members. In order to eliminate the GSK, you need to complete all the steps sequentially, otherwise you will have to go through the whole path all over again.

How to Leave a Dacha Cooperative 2020

All current and global issues will be discussed and decided at a general meeting, and if old people and young people live nearby, it will be quite difficult to come to a common opinion. If the association was created recently, then be aware that you will have to install communications and build infrastructure at your own expense, but the cost of the plots is not high when compared with the same DNP.

› › Sometimes owners of summer cottages, on their own initiative, join garden associations, sometimes membership is transferred to them along with the allotment they receive - by inheritance, by gift, or under a regular sales contract.

How to leave a dacha cooperative

Based on Article 8 Part 2 of the Federal Law “On Gardening, Horticultural and Dacha Non-Profit Associations of Citizens” N 66-FZ dated April 15, 1998, I should be given the right to use the following infrastructure facilities of the gardening partnership for a fee: power grid, road and ___________________ .

But here we stumble on the interpretation of the word “exception”. Does it include the concept of “voluntary exit” or not? Of course, exclusion at the initiative of the association, in the absence of a statement from the excluded, must be considered at the general meeting. Is it necessary to consider an application for voluntary resignation at a general meeting and why? If the association is a voluntary organization, then does the general meeting have the right to refuse to leave the association to its member who no longer wants to be a member of this association? I think not. And in this case, there is no need to consider such statements either at general meetings and, especially, at boards. I believe that the text of such a statement should contain approximately the following words: “I am informing the association that as of this date I am voluntarily leaving the membership of such an association.” In legal terms, the procedure for leaving members should be by notification, not by permission.

How to leave SNT in 2020 and what it threatens

In 2020, the exclusion procedure becomes more complicated. It will be possible to exclude a gardener from members of the SNT only if the gardener has not paid his dues. It will be possible to put the issue of exclusion on the agenda of the general meeting only if the gardener does not pay for two or more months. How much this “more” should be indicated in the charter. From what point should two or more months be counted? The decision of the general meeting must establish not only the amount of the contribution and the procedure for calculating it, but also the timing and frequency of payment. If the deadline for payment of the membership fee is December 31, 2020, then the issue of exclusion can be raised no earlier than March 2020. It is also necessary to give the gardener the opportunity to “correct.” Two months before the proposed expulsion, the Partnership is obliged to send the gardener a warning request about the need to eliminate the violation and the impending expulsion. If the debt is not repaid, the board, two weeks before the general meeting, notifies the gardener in writing about the upcoming meeting, where the issue of his expulsion will also be considered.

We recommend reading: Subsidy for Young Families for the Purchase of Housing 2020 Kaluga

Individuals will pay the same as members from 2020, without a contract. Of course, there is no practice on how this will be collected in 2020. But, if we assume that the amount of payment for individuals will no longer be a question, as it is now, then it will be possible to use writ proceedings. And collection in a claim proceeding will take less time and be much easier. Leaving the SNT members is no longer a way to save money.

Can I leave the garage cooperative individually if I own a permanent garage?

According to paragraph 1 of Art. 11.3 of the Land Code of the Russian Federation, the formation of land plots from land plots in state or municipal ownership is carried out on the basis of decisions of executive bodies of state power or local government bodies authorized to dispose of land plots.

I purchased a garage, and subsequently the chairman of the garage cooperative appeared and asked to pay the dues. I gave the money, but asked to indicate on the receipt that this was an advance payment for electricity. During the year, no snow removal work or territory cleaning was carried out, I no longer pay fees, but the electricity was turned off. I don’t need electricity, can I leave the cooperative on my own? No one accepted me as a member of the cooperative.