Is it possible to quit SNT? How to withdraw a plot from a gardening partnership? How to get out of SNT? Pros and cons of membership Refund of targeted contributions when leaving the SNT.

Noginsk City Court of the Moscow Region consisting of:

presiding judge Lebedeva *. *.,

with the participation of lawyer Kochkareva *. *.,

with secretary Kudashova *. *.,

Having considered in open court a civil case at the claim of Ankudinova *. *. to the Non-Profit Partnership "Solnyshko" on the return of funds paid as targeted contributions,

Installed:

Plaintiff Ankudinova *. *. filed a lawsuit against the Non-Commercial Partnership "Solnyshko" (hereinafter NP "Solnyshko") for the return of funds paid as targeted contributions, referring to the fact that DD.MM.YYYY.<данные изъяты>members of SNT "<данные изъяты>"Located at:<адрес>for gasification of their summer cottages. DD.MM.YYYY the Charter of NP "Solnyshko" was approved, the Management Board was elected, consisting of three people, the Chairman of the Management Board was elected - full name 1. According to preliminary calculations, gasification should have cost about<данные изъяты>rub. for each participant in the construction. The defendant accepted the first installment for gasification from her in DD.MM.YYYY, certifying this fact with the seal of the gardening partnership “<данные изъяты>". During DD.MM.YYYY. she donated targeted contributions totaling<данные изъяты>rubles, which is confirmed by receipts to cash receipts, a receipt of the chairman from DD.MM.YYYY and a photocopy of the section "payment of insurance premiums" of the gardener's membership book. In the receipt to the cash receipt order No. from DD.MM.YYYY the amount<данные изъяты>rubles includes two amounts:<данные изъяты>rubles - entrance fees and<данные изъяты>rubles - target contribution for gasification. The purpose of the money from the above receipt is indicated in the "payment of insurance premiums" section of the gardener's membership book. Seeing that no action was being taken on the issue of gasification, she turned to the defendant with an application to withdraw from NP "Solnyshko" and with a request to return her money, she has not received any response to date. All the money she contributed is earmarked funds. The charter of NP "Solnyshko" does not contain any prohibitions on the return of targeted contributions when leaving the partnership. Until now, not a single action in the direction of gasification was carried out by the defendant, except for several meetings held, which did not bring any clarity to the essence of the issue, but were just another collection of partners to collect money from them. In accordance with Art. 8 of the Federal Law "On Non-Commercial Organizations", clause 3, fourth paragraph, the plaintiff asked the court to oblige NP "Solnyshko" to return her earmarked contributions in the amount of<данные изъяты>rubles.

At the hearing the representatives of the plaintiff Ankudinova *. *. - Kochkareva *. *. and Kondratyuk *. *. the claims were supported in full, gave explanations similar to those of the statement of claim, additionally explained that in accordance with clause 4.1 of the Charter of NP "Solnyshko" one of the sources of formation of the Partnership's property in monetary and other forms are: regular and one-time receipts from the members of the Partnership, voluntary property contributions from members of the Partnership. In accordance with clause 5.1 of the Charter of NP "Solnyshko", the following types of contributions are established as one of the sources of formation of the Partnership's property: membership fees, entrance fees, additional fees and targeted fees. The charter of NP "Solnyshko" as well as the norms of the law "On non-profit organizations" stipulates that only the entrance fees are not refundable to its members upon leaving the Partnership - paragraph 4, clause 5.1. Of the Charter of NP "Solnyshko". In accordance with clause 5.1 of the NP "Solnyshko" Charter, targeted contributions are funds contributed by individuals and legal entities, members of the Partnership for the implementation of specific measures for the repair, construction and acquisition of public facilities carried out within the territory served by the Partnership. In accordance with clause 6.8 of the NP "Solnyshko" Charter, the funds invested in the construction of the gas pipeline, as well as the admission and periodic contributions of the Partnership members upon their withdrawal from the Partnership, are non-refundable. According to the Charter of NP "Solnyshko" as amended by DD.MM.YYYY, when a member of NP "Solnyshko" leaves, the funds invested in the construction of the gas pipeline, and not directed to the development of project documentation, as it began to be indicated in the new edition of the Charter NP "Sun" from DD.MM.YYYY, clause 6.7 of the Charter of NP "Sun". Thus, the arguments of the Defendant about the investment and expenditure of earmarked contributions received from members of NP "Solnyshko", including the earmarked contributions made by Ankudinova *. *. on the development of plans and project documentation, and, accordingly, the absence of grounds for their return to Ankudinova *. *. are illegal and unreasonable. Each entry in the membership book about the target contribution is confirmed by a receipt from NP "Sun" issued to the plaintiff. All of these contributions were spent on gasification. According to clause 3.1 of the charter, NP "Solnyshko" was created in order to solve general social and economic problems related to the development of infrastructure, organization of construction, and operation of a branch of the gas pipeline. From the minutes of the meeting in the technical department of the State Unitary Enterprise MO Mosoblagaz from DD.MM.YYYY it follows that SNT “<данные изъяты>"And SNT"<данные изъяты>»Receive technical specifications not together and not at a time, but each independently. Accordingly, the provided SNT certificate "<данные изъяты>"Cannot indicate that the first stage of construction, which is produced by SNT"<данные изъяты>"Applies to the gasification of NP" Solnyshko ". They do not know whether SNT high-pressure pipes have been supplied only for themselves or not. "<данные изъяты>».

At the hearing the representative of the defendant NP "Solnyshko" Abyanova *. *. claims of Ankudinova *. *. not recognized, in support of objections to the claim explained that NP "Sun" created DD.MM.YYYY. The receipt written in DD.MM.YYYY has nothing to do with NP "Solnyshko". This receipt was issued upon receipt of funds, the receipt of which began at SNT "<данные изъяты>". At the time of the creation of NP "Solnyshko" books were issued, how this receipt came to the plaintiff is not clear, since these receipts were kept by her and burned out in a fire. In accordance with clause 1.1 of the Charter from DD.MM.YYYY NP "Sun" is based on membership. The purpose of creating NP "Sun" is specified in clause 3.1 of the Charter from DD.MM.YYYY .. Clause 5.1 of section 5 of the Charter provides that from the moment of transfer of funds they are transferred to NP "Sun". Clause 6.8 of the Charter states that the funds invested in the construction of the gas pipeline are not subject to return upon leaving the partnership. The collected funds from NP "Solnyshko" were used to conduct topographic surveys for the gasification project, as well as geological studies, and a project on environmental protection was ordered. Since the connection point is located on the territory of JSC "<данные изъяты>”, An agreement was concluded, the gas pipeline was to pass through the territory of the forest fund, contracts were concluded with licensed organizations, including for the development of the project. Since it was supposed to conclude an investment contract, and for reasons beyond the control of NP Solnyshko, as well as by the decision to carry out the work in stages, an agreement was concluded with SNT on joint participation in construction.<данные изъяты>". The work is currently ongoing, but the members of SNT "<данные изъяты>»Prevent members of NP" Solnyshko "from carrying out work on laying the gas pipeline. They applied to the Noginsk City Court, and now they are preparing documents for the Arbitration Court. MUP "<данные изъяты>»A gas supply project was completed<данные изъяты>home SNT "<данные изъяты>", Including those houses that intended to connect in the future. The project was developed on<данные изъяты>house, which is confirmed by the estimate. The estimate indicates a high-pressure gas pipeline. DD.MM.YYYY an act was drawn up on the acceptance of the delivery of the work performed in the amount of<данные изъяты>... An advance payment was made to DD.MM.YYYY for the construction and installation work of CJSC “<данные изъяты>"Under contract No. from DD.MM.YYYY. Topographic survey was developed in DD.MM.YYYY LLC "<данные изъяты>"By order of the initiative group SNT"<данные изъяты>". The initiative group collected their own money and carried out a topographic survey with their own money. Ankudinova received funds in the amount of<данные изъяты>rubles on receipt.

At the hearing the representative of the defendant NP "Solnyshko" Krylyshkina *. *. claims of Ankudinova *. *. did not admit, in support of the objections to the claim, she explained that initially the decision on gasification was made by SNT “<данные изъяты>", But due to the fact that these works were expensive and not all members of SNT"<данные изъяты>"Could pay for these works, in DD.MM.YYYY a number of SNT members"<данные изъяты>"It was decided to create NP" Sun "for the preparation of documents, development of the project and further implementation of gasification of a number of members of the SNT"<данные изъяты>"Through NP" Solnyshko ". The protocol stated that members of SNT “<данные изъяты>"Funds were invested in the development of documents and topographic survey of the entire territory of SNT"<данные изъяты>", But later by the decision of the general meeting of SNT"<данные изъяты>”Payment for gasification was stopped and all documents were submitted to NP“ Solnyshko ”. It was decided to return the funds to the members of SNT "<данные изъяты>»After gasification. In DD.MM.YYYY an act of audit of financial activity on DD.MM.YYYY was drawn up. As of DD.MM.YYYY, the costs were<данные изъяты>rubles. The work contract is concluded in DD.MM.YYYY between CJSC "<данные изъяты>"And SNT"<данные изъяты>», And DD.MM.YYYY amendments were made to this agreement. The customer was NP Solnyshko. At DD.MM.YYYY, design work was carried out to supply gas to SNT "<данные изъяты>". According to par. 4 p. 3 art. 8 ФЗ № 7-ФЗ "On Non-Commercial Organizations" does not provide for the return of earmarked contributions. The plaintiff's representative refers to clause 6.8 of the Charter of the edition of DD.MM.YYYY, where it is stated that the money invested in the construction of the gas pipeline is non-refundable. Any construction includes several stages, including construction work. Since they presented evidence of the work and their payment, the reference to this item is unfounded. The total cost of DD.MM.YYYY was<данные изъяты>rubles, which is confirmed by the inspection certificate. There is a protocol of the general meeting of NP "Sun" from DD.MM.YYYY, where Ankudinova *. *. participated and this act was adopted. Confirmation that for the funds deposited in SNT "<данные изъяты>", The rights were transferred to NP" Solnyshko "is protocol No. connect. At that time, Ankudinova made<данные изъяты>rubles, the rest of the funds contributed to the partnership. In an additional agreement from DD.MM.YYYY in clause 1.4, a joint-share payment for the construction of a high-pressure gas pipeline is determined and it is indicated what this amounts to NP "Solnyshko"<данные изъяты>, and for SNT “<данные изъяты>» <данные изъяты>the cost of construction costs in terms of the high pressure gas pipeline. Certificate issued by SNT "<данные изъяты>", Confirms the partial implementation of the gasification project, indicates that low-pressure gas pipelines have been laid, and the order of connecting the parties to the agreement has been established.

After listening to the explanations of the parties, examining the written evidence, materials of the civil case No. on the claim of the full name to the SN “Solnyshko” about the return of targeted contributions, the court comes to the following.

In accordance with paragraph 1 of Art. 8 of the Federal Law “On Non-Commercial Organizations”, a non-commercial partnership is a membership-based non-commercial organization established by citizens and (or) legal entities to assist its members in carrying out activities aimed at achieving the goals provided for in paragraph 2 of Article 2 of this Federal Law.

Property transferred to a non-profit partnership by its members is the property of the partnership. Members of a non-commercial partnership are not liable for its obligations, and a non-commercial partnership is not liable for the obligations of its members, unless otherwise provided by federal law.

The court found that NP "Sun" was created by DD.MM.YYYY.

According to clause 1.1 of the Charter of NP "Sun" (as amended by DD.MM.YYYY) it is a membership-based non-profit organization established by citizens to assist its members in the implementation of activities aimed at achieving the goals provided for by this Charter.

According to clause 3.1 of the Charter (as amended by DD.MM.YYYY) NP "Solnyshko" was created in order to solve general social and economic problems related to the development of infrastructure, organization of construction and operation of a branch of the gas pipeline, as well as to protect the protected interests of the members of the Partnership.

According to clause 3.1 of the Charter (as amended by DD.MM.YYYY) NP "Solnyshko" was created in order to solve general social and economic problems related to the development of infrastructure, construction, modernization and operation of the energy and gas supply system and life support facilities, as well as protection the legally protected interests of the members of the partnership.

Plaintiff Ankudinova *. *. is the owner<данные изъяты>share of a land plot with an area<данные изъяты>sq.m, located at:<адрес>.

Initially, the decision on gasification was made by SNT "<данные изъяты>».

At the general meeting of SNT gasification participants "<данные изъяты>"From DD.MM.YYYY (l.d.<данные изъяты>) <данные изъяты>members of SNT "<данные изъяты>"- the gasification participants, including the plaintiff Ankudinova *. *., Made a decision to create a non-commercial partnership. It was also decided to transfer funds, financial and technical documents to the partnership. Return the invested funds to citizens who left the list of gasification participants after the completion of construction (after commissioning), if possible, at the expense of a new participant, in connection with the entry and admission of other gasification participants.

DD.MM.YYYY the Charter of NP "Solnyshko" was approved, the Management Board was elected, consisting of three people, the Chairman of the Management Board was elected - full name 1

The first installment for gasification by the plaintiff was made by SNT "<данные изъяты>" at the rate of<данные изъяты>rub. according to the receipt from DD.MM.YYYY (l.d.<данные изъяты>). According to the submitted receipts and entries in the membership book, the plaintiff made targeted contributions to NP "Solnyshko" for gasification in the total amount<данные изъяты>

DD.MM.YYYY plaintiff Ankudinova *. *. filed an application addressed to the Chairman of the Board of NP "Solnyshko" to withdraw from the members of NP "Solnyshko" and asked to return the funds contributed for gasification.

The court considers the claims of the plaintiff Ankudinova *. *. on the collection of paid earmarked contributions in the amount of<данные изъяты>rub. unreasonable.

By virtue of paragraph 4.5, clause 3 of Art. 8 of the Federal Law “On Non-Commercial Organizations”, members of a non-commercial partnership have the right to: at their discretion, withdraw from the non-commercial partnership; unless otherwise established by federal law or the constituent documents of a non-commercial partnership, upon exiting a non-commercial partnership, to receive part of its property or the value of this property within the value of the property transferred by members of the non-commercial partnership to its ownership, with the exception of membership fees, in the manner prescribed by the constituent documents of the non-commercial partnership. partnerships.

According to clause 6.8 of the Charter of NP "Sun" (as amended by DD.MM.YYYY) the funds invested in the construction of the gas pipeline, as well as the entrance and periodic contributions of the Partnership members upon their withdrawal from the partnership, are non-refundable.

According to clause 6.7. Of the Charter of NP "Solnyshko" (as amended by DD.MM.YYYY) upon withdrawal and exclusion from the partnership, funds invested in project documentation and the construction of infrastructure facilities, an energy supply facility, a gas pipeline, a fire and security system, as well as introductory and periodic contributions of members of the Partnership are non-refundable.

Thus, according to the Charter of NP "Sun" both as amended by DD.MM.YYYY. And as amended by DD.MM.YYYY, the funds invested in the construction of the gas pipeline upon leaving the partnership are non-refundable.

These provisions of the Charter of a non-commercial partnership do not contradict the Federal Law “On Non-Commercial Organizations”, and therefore the plaintiff Ankudinova *. *. upon leaving NP "Solnyshko" is not entitled to demand a refund of funds paid as targeted contributions for gasification.

As for the arguments of the plaintiff's representatives that the money paid by the plaintiff went not for the construction of the gas pipeline, but for the development of project documentation, according to the Charter of NP "Solnyshko" as amended by DD.MM.YYYY when a member of NP "Solnyshko" leaves, it is the monetary funds invested in the construction of a gas pipeline, and not aimed at the development of project documentation, and therefore the defendant is obliged to return the money paid to the plaintiff, the court considers them unreasonable.

According to Article 740 of the Civil Code of the Russian Federation, construction (or activities carried out under a construction contract) includes: construction or reconstruction of enterprises, buildings (including a residential building), structures or other objects; installation, commissioning and other work inextricably linked with the objects under construction; capital repairs of buildings and structures.

Construction activity is included in the All-Russian Classifier of Economic Activities and is considered as part of the activity code under N 45. In accordance with this grouping, construction activities include several types of economic activities carried out by different entities: construction activities, activities for conducting engineering surveys, developing feasibility studies, drawing up cost estimates, as well as project management activities in the field of construction.

The concept of "construction" is disclosed in the Urban Planning Code of the Russian Federation.

According to paragraph 13 of Art. 1 of the Urban Planning Code of the Russian Federation, construction is the creation of buildings, structures, structures (including at the site of the demolished capital construction projects).

The list of capital construction projects is presented in clause 10 of Art. 1 GSK RF, among which power lines are indicated; communication lines (including line-cable structures); pipelines.

According to Art. 48 of the Urban Planning Code of the Russian Federation, project documentation is documentation containing materials in text form and in the form of maps (diagrams) and defining architectural, functional and technological, constructive and engineering solutions to ensure construction, reconstruction of capital construction objects, their parts, overhaul ...

Thus, the development of design documentation is an integral part of obtaining a construction permit and construction, and therefore the cost of developing design documentation is the cost of building the facility.

The court found that according to the act No. on acceptance and delivery of the work performed from DD.MM.YYYY CJSC “<данные изъяты>»Work was performed on the production of technical documentation (project) for the facility located at:<адрес>, under contract No. from DD.MM.YYYY for the design and gasification of 3 capital houses (l.d.<данные изъяты>).

The total cost of NP "Solnyshko" for gasification at DD.MM.YYYY was<данные изъяты>rubles, which is confirmed by the act of inspection of the financial and economic activities of NP "Solnyshko" (l.d.<данные изъяты>). Ankudinova *. *. participated in the general meeting of NP "Sun" from DD.MM.YYYY, when the act was adopted and the work of Abyanova *. *. was found satisfactory (l.d.<данные изъяты>).

In an additional agreement from DD.MM.YYYY on changing the conditions in a simple partnership agreement (on joint activities) from DD.MM.YYYY, concluded between NP "Solnyshko" and SNT "<данные изъяты>"Clause 1.4 defines a joint-share payment in the construction of a high-pressure gas pipeline in the part from the tie-in to the fork, as determined by the act of choosing the route, and it is indicated that the share of NP" Solnyshko "is<данные изъяты>, and SNT "<данные изъяты>» <данные изъяты>the cost of construction of a part of a high-pressure gas pipeline (l.d.<данные изъяты>).

According to an additional agreement from DD.MM.YYYY on changing the conditions in the simple partnership agreement (on joint activities) from DD.MM.YYYY, concluded between NP "Sun" and SNT "<данные изъяты>"NP" Solnyshko ", as its contribution, contributes its cash costs, estimated in<данные изъяты>share of costs for jointly developed pre-design, design and approval documentation. SNT "<данные изъяты>"Recognizes the contribution of NP" Solnyshko "as a contribution-prepayment of the costs incurred for the creation of a gas facility in joint activities. In this case, the subsequent monetary contribution to joint participation decreases in proportion to the value of the contributed property (l.d.<данные изъяты>).

From the SNT help "<данные изъяты>"(L.d.<данные изъяты>) it follows that it confirms the partial implementation of the gasification project, namely in DD.MM.YYYY. the first stage (phase) of construction has begun, the gas supply project DD.MM.YYYY No.<данные изъяты>", Purchased GRPB (SHRP SNT"<данные изъяты>"And ShRP NP" Solnyshko ") and pipes for a high-pressure gas pipeline, projected from the place of the existing gas pipeline tie-in to the west<адрес>, the issue of granting a land plot during the construction of the gas pipeline on a land plot under the jurisdiction of authorized federal executive bodies is being resolved.

The arguments of the defendant's representatives about the performance of gasification work are confirmed by copies of work contract No. from DD.MM.YYYY with LLC "<данные изъяты>"And the certificate of completion (l.d.<данные изъяты>), letters from the Administration of the Noginsk municipal district (l.d.<данные изъяты>), the draft of the boundaries of the allotment of the land plot (l.d.<данные изъяты>), letter of guarantee SNT "<данные изъяты>"(L.d.<данные изъяты>).

Thus, the arguments of the plaintiff that so far not a single action towards the implementation of gasification by the defendant has been carried out, except for several meetings held, are unfounded and are refuted by the totality of the investigated evidence.

Analyzing the evidence examined in the case, the court concludes that Ankudinova's claims *. *. to NP "Solnyshko" on the return of funds paid as targeted contributions are not based on the law and are not subject to satisfaction.

Guided by Article 194-196 of the Code of Civil Procedure of the Russian Federation, the court

Satisfying Ankudinova's claim *. *. to the Non-profit partnership "Solnyshko" to refuse to return the funds paid as targeted contributions.

The decision can be appealed to the Moscow Regional Court through the Noginsk City Court within a month from the date of the final form of the court decision.

Literal transcript SNT - garden non-profit partnership. It is created by bringing together interested citizens to address specific issues regarding gardening.

Each SNT chooses an individual name for itself and is obliged to register its activities in accordance with the procedure established by the current legislation, and only after that start its direct activities. Before registering an association, the members of the partnership draw up and approve statutory documents, elect a chairman. To become a member of SNT, you must have a land plot in a specific area. After joining the society, its members must not only participate in meetings, but also pay membership fees, which will keep the entire territory in a condition worthy of use.

The concept of "site in SNT"

A land plot in SNT is understood in completely different ways by the legislator and among the people. Normative acts consider the term "land in SNT" as territories that are in common use, roadways, ditches, that is, serviced at the expense of contributions and belonging to members of the association on the basis of common joint ownership.

At the household level, people define the concept of land in SNT as a plot that is owned, and gardening and horticultural work is carried out on it.

Features of SNT

The tradition of acquiring land plots for horticultural needs appeared in the middle of the last century, it was then that most of the population acquired summer cottages. Therefore, looking for land for yourself, you should understand that the contingent in the partnership will be motley. 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 you should know 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. Do not forget that you will have to pay regular membership fees, although such payments rarely exceed 1,000 rubles.

Exit SNT

There are different situations in life, and the land owner sometimes faces the question of whether it is possible to get out of SNT.

There is a certain algorithm for withdrawing from the membership of SNT, which should be followed:

draw up a statement of withdrawal from the association in any form;
transfer to the chairman of SNT;
this completes the exit procedure.

Naturally, it is better to familiarize yourself with the documents of title, the exit procedure should be spelled out in detail in the Charter. As a general rule, the day of submission of the corresponding application is considered the date of withdrawal from the SNT membership.

Application requirements

To the question that often sounds on the forums "I want to quit SNT, what to do, where to start?" - the answer is very simple: fill out an application and leave the partnership.

To confirm the submission of the application, two copies must be drawn up, one of which must be marked by the chairman of the receipt. It is this option that should be left to the applicant.

If there is a conflict with the chairman, then so that there are no questions about how to leave SNT, the application can be sent by mail. It is imperative to issue it by registered mail and with notification, so that confirmation of receipt of the document remains.

Sample application

During the existence of garden partnerships, a certain practice has already developed on how to get out of SNT, how to draw up a statement.

A sample application is presented below.

To the Chairman

SNT, name

FULL NAME. member of the partnership

Land No.

STATEMENT

Please exclude me from the SNT (name) society. At the same time, I ask you to take the following steps:

recalculate my share in cash or in kind;
conclude an agreement with me on the basis of which I can use and operate common property (you can list the road, engineering networks, etc.);
make a reconciliation of settlements between me and SNT.

Date. Signature.

Compulsory termination of membership in a partnership

Not in all cases "parting" with society occurs on a voluntary basis. In a number of situations, a member of the SNT is excluded by the decision of the meeting of all participants:

if one of the members of the SNT has violated the norms of the current legislation regarding membership in the partnership;
violations by the excluded member are intentional and systematic;
if the participant was ordered to eliminate certain violations, but he did not do it.

The procedure for forced exclusion should also be described in the articles of association of the partnership.

Agreement on the procedure for the use of other property of the partnership

If one of the members of the partnership wanted to leave SNT, then he must understand that now he will not have rights to the common property. It includes:

electrical communication poles, KP;
sewerage and drainage system;
roads.

It is clear that without all this it will be quite difficult to garden on your own.

However, the legislation is on the side of such persons and obliges the management of the partnership to conclude an agreement with the one that left SNT on the joint exploitation of property. In practice, not all chairpersons are in a hurry to propose a draft treaty to an outgoing member for consideration. Although it is beneficial to both parties: the society will receive additional income, due to which it is possible to reimburse the costs of maintaining communications. A person who has left the society will feel calm, exploit all communications on the same terms, perhaps only with an increase in the cost of such services.

If the company has not sent or transferred the draft agreement for consideration to the former participant, then the latter has the right to draw up it independently. Fortunately, you can always find an exemplary sample, adjust it to fit your needs and send it yourself to the SNT leadership. In cases where the chairman of the company does not respond to a written appeal, then the withdrawn participant has the right to appeal to the court for the protection of his rights.

You can also apply there if, nevertheless, the draft agreement has been submitted for consideration, but it has very high tariffs or provisions that contradict the norms of the current legislation.

Consequences of refusal of membership in SNT

The procedure for getting out of SNT is quite simple, but, like any action, it has its consequences.

Former members of the partnership may have problems, for example, they temporarily do not have the funds to pay under the contract for the use of communications. In this case, the board of SNT has the right to restrict access to them, to charge interest on delays until the debt is fully repaid. If the former member of the partnership does not pay off the debt, the partnership has the right to file a claim in court and recover from such a person the entire debt with all legal costs and penalties.

After the decision to withdraw from SNT membership, the former member of the society will be deprived of the right to participate in meetings, will not obey the requirements of the charter, there will be no need to pay dues, such a person will not be able to become a member of the board.

Naturally, when concluding an agreement on the joint use of communications, it will be possible to freely operate them for a certain fee. But besides the question of how to leave SNT, another one appears - how much will you have to pay under such an agreement? In fact, there is no need to be afraid, the amount of payment cannot exceed the amount of contributions paid by the members of the partnership.

In principle, this is all that can bother a person if he wants to get out of SNT (we examined the pros and cons).

What will happen to the site after leaving the partnership?

There are two cases in which a member of the partnership uses land:

without registering it for yourself;
having issued all the rights.

Most, before leaving SNT, formalize their ownership of land. Even if this is not done, the board of the partnership cannot refuse to transfer the land into the possession of the former participant, such acts can be regarded as a violation of the current legislation. In such a situation, the former participant has the right to go to court.

Joint property

Before leaving the SNT members, the participant paid membership fees. They should be directed from all participants to the acquisition of property that will contribute to the normal operation of all communications. After leaving the partnership, the former participant is entitled to his share in the common property. The procedure for calculating such payments should be determined in the statutory documents. Refunds can be made in cash or in kind.

"Struggle" for electricity

Some partnerships practice power cuts as a form of enforcement of membership fees. Moreover, the task is simplified if an automated energy metering system is installed. But you should know that the SNT board does not have the right to stop the supply of electricity, since the partnership is not an energy supplying organization.

The reasons for the shutdown can be found out from the neighbors and the chairman himself, if this is really a decision of the board, then you can safely prepare a statement to the police, and then feel free to go to court. The trial lasts at least 2 months, and if it also happens regularly, at least 2 times a year, then you will have to look for another way out of the situation.

Usually, the question is raised about how to get out of SNT by electricity. Indeed, in practice, such an option is possible, but on condition that there is a technical possibility. You will have to go through a lengthy procedure and pay a lot of money, but you will never depend on the decisions of SNT.

To begin with, an application is submitted to the nearest power supply company for technological connection. It is accompanied by a plan for the placement of power receivers, you may have to draw up a project, although not all companies put forward such a requirement. The building, documents confirming the identity of the applicant or an authorized person with a power of attorney must be attached.

At the second stage, the energy supply company issues technical specifications, the validity of which cannot exceed 2 years. During this time, the applicant is obliged to bring all the characteristics of communications back to standard with the involvement of a contractor. The work that needs to be done up to the applicant's site is carried out at the expense of the supplying company. After that, they are examined for compliance with technical conditions.

After it happens, the consumer receives an act of delineation of balance sheet ownership and an act of technological connection. Then the contract is drawn up, and the person is completely free from SNT in terms of the consumption of electrical energy.

Analyzing the above, no one should be tormented by the question of whether it is possible to get out of SNT. It is possible, the procedure is simple and does not entail depressing consequences for the "individual" who is carrying out gardening activities on his site.

Hello Veronica!

According to the Federal Law of 15.04.1998 No. 66-FZ "On horticultural, vegetable gardening and dacha non-profit associations of citizens", you have the right to run a dacha farm on an individual basis. In this case, SNT can conclude individual contracts with you for the use of infrastructure facilities and other property of SNT. But you, as I understand it, do not use them.

Article 8. Conducting gardening, horticulture or dacha farming on an individual basis
1. Citizens have the right to carry out gardening, horticulture or dacha farming on an individual basis.
2. Citizens engaged in gardening, horticulture or dacha farming in

dacha non-profit association, has the right to use the facilities
infrastructure and other common gardening property,
a gardening or dacha non-profit association for a fee
the terms of contracts concluded with such an association in writing in the manner determined by the general meeting of members of the horticultural,
a gardening or suburban non-profit association.
In case of non-payment of the contractual user fees
horticultural, horticultural or suburban non-profit association
on the basis of a decision of the board of such an association or a general meeting
its members are citizens engaged in gardening, horticulture or dacha
farm on an individual basis, are deprived of the right to use
infrastructure facilities and other common property
horticultural, horticultural or suburban non-profit association.
Non-payments for the use of infrastructure facilities and other property
general use of horticultural, horticultural or suburban
non-profit associations are recovered in court.
Citizens engaged in gardening, horticulture or dacha farming in
individually on the territory of horticultural, horticultural or
dacha non-profit association, may appeal against decisions in court
board of horticultural, horticultural or suburban non-profit
association or general meeting of its members to refuse to conclude
agreements on the use of infrastructure and other property
common use of such an association.
The amount of payment for the use of infrastructure and other common property of a horticultural, horticultural or suburban non-profit association for citizens engaged in gardening, horticulture or dacha farming on an individual basis, provided that they make contributions for the acquisition (creation) of the specified property cannot exceed the amount of the payment for use of the specified property for the members of such an association.

That is, SNT can conclude an agreement with you for the supply of water, electricity, security ...

Land at all times has been a valuable object, regardless of its location and size. People are looking for any possible options for obtaining land.

Recently, the most popular is the acquisition of land for gardening and horticulture. To assist citizens in running the economy, special organizations are being created.

One of these types of organizations is SNT (garden non-profit partnership).

Despite the fact that the legal regime of the participants has long been settled and enshrined in various norms of the law, citizens still have a large number of questions, incl. an urgent question is about the positive and negative aspects regarding the withdrawal from SNT and the procedure for making this decision.

What are the consequences of leaving a horticultural partnership?

To join or not to join SNT is a voluntary and personal matter for any citizen. This right is enshrined in the legislation of the Russian Federation.

If a citizen entered the partnership and after a certain time decided to leave it, he should be aware of the consequences this may entail.

In fact, there is nothing criminal in quitting SNT and there should not be any big serious difficulties.

If a citizen decided to leave the partnership, the first step that he needs to take is to draw up a free-form application and submit it to SNT. You can submit the application in person or send it by mail.

After submitting an application, the following consequences occur:

an agreement is signed with the withdrawn participant providing for further relationship between the parties;
any payment of contributions stop;
the opportunity to participate in internal affairs is lost partnerships;
submission to the Charter ceases, decisions of the partnership;
a retired member of the company cannot be selected to the management.

You can leave the partnership at any time, there are no restrictions for this. Nobody can prohibit or interfere with the decision made either.

Exit order

The procedure for exiting SNT is quite simple and does not hide subtleties that require special attention.

A person who decides to leave the ranks of SNT members must adhere to the following algorithm of actions:

Write a statement in any form addressed to the chairman of the partnership.
The application is written in two copies: one is transferred to SNT, the second remains with the applicant. On the copy of the applicant there must be a mark that the application was received (the date and signature of the person who accepted the application is put).
There is no need to wait for a decision on withdrawal from the chairman or the general meeting... Leaving the ranks of SNT members should remember that leaving is voluntary.

Cases are not uncommon when termination of membership in SNT may not be a voluntary action, but a compulsory one.

A forced exception is possible:

If the participant violated the law concerning SNT. Violations must be systematic or deliberate;
The participant has not eliminated the facts of misuse land;
If the above violations are revealed on the part of the SNT member, in respect of him, a decision is made on the compulsory exclusion of such a violator.

Note: the procedure itself and the conditions for withdrawing from SNT are prescribed in the Charter of the partnership. Usually, the date of termination of membership of SNT is the day of submission of the corresponding application.

Conclusion of an agreement on the procedure for the use and operation of engineering networks, roads and other common property

If a citizen decides to conduct gardening on his own, separately from SNT, he should be prepared for the fact that, in fact, he loses all rights to common property, which is considered the common property of SNT.

Common property usually consists of something that no one who runs a garden can do without: roads, sewerage, electricity (KTP, poles), etc.

Withdrawal from the partnership does not mean that will have to take a detour and re-install the electricity.

The law comes to the rescue, which regulates the procedure for concluding an agreement with a retired participant on the use of common property and other property.

After SNT receives a statement of withdrawal from its participant, it must offer him to build further relations on the terms of this agreement.

Conclusion of a contract beneficial to the parties and signed solely in their interests.

The agreement, like any other transaction, is concluded in writing and takes into account all important conditions: about the subject, payments, obligations of the parties, etc.

A situation may arise when SNT does not offer to conclude an agreement.

Then the exited participant should take the following actions:

Draw up a draft contract yourself or with the help of a lawyer. A large number of contracts of a similar nature are presented on the Internet, which can be downloaded and adjusted to fit your conditions;
The drawn up draft of the contract must be sent to the board of SNT;
You must be prepared that the SNT board will not accept the draft agreement, will refuse to sign it or even accept it;
In case of evasion from signing the contract, or in case of disagreement, the parties can apply for a resolution of the issue in court;
You can demand the restoration of your rights if the board of SNT nevertheless signed an agreement, but for some unknown reason overestimated tariffs, or prescribed conditions that contradict the law;
It is important to distinguish between payments under the contract and contributions, which are paid by members of SNT.

Termination of the obligation to pay contributions

After the exit, any obligations for all possible types of contributions cease. A citizen is obliged to pay only those payments that are indicated in the concluded agreement.

Advice: by concluding the above agreement, the retired member of the company assumes certain obligations. One such obligation is the timely payment of payments. If payments are not made regularly, the SNT board may restrict access to the common property. If the contract provides for interest for late payments, then interest will be charged on the total amount of the debt. If the debt is not paid voluntarily, the board of SNT can file a statement of claim in court.

Note!

There are situations when membership fees were paid in advance and were calculated for a year in advance. If a citizen decided to leave SNT, then the partnership has the right not to return the contributions already paid.

The funds that remained at the time of the member's exit from SNT, the partnership must return.

For example, the citizen made payments one year in advance. At the end of September, this citizen decided to leave SNT. Contributions from January to September will not be returned to him, but the SNT board is obliged to return the funds from October to December of this year.

If a dispute arises over the return and withholding of membership fees, the party who decides that his rights are violated can go to court.

The fate of the land

Even if a citizen decided to leave SNT, he retains all rights to land.

The lands included in the SNT are usually already acquired by the participants. It is almost impossible to deprive of property.

Even if the site has not yet been registered as property, and its owner decided to leave SNT, the question of the fate of this site is actually being decided. To do this, you just need to agree with the board of the partnership on the procedure for transferring land.

Moreover, SNT cannot refuse or interfere with the transfer of land to the ownership of the participant, because this again violates the law, and hence the rights of the participant.

The fate of a share in joint ownership

In SNT, the following scheme is often practiced:

SNT members contributions are paid.
contributions can be used to purchase any property that becomes shared. The property is used by all participants in the partnership.

Accordingly, an outgoing member of SNT may have a share in joint ownership.

How to take back your share if an exiting SNT member contributed it for the acquisition of this property:

You can get your share in the form of property or in the form of cash, which are made up of the value of the property.
To understand the procedure for paying a share, you need to refer to the provisions of the Charter, which provides for the conditions, and the calculation of all due payments of shares in common property.
The settlement can be made by payments in the form of cash or the share is issued in kind.
If the internal documents do not prescribe and do not provide for the conditions and procedure for settlements, then the parties can agree on favorable terms for both parties.

How to fill out an application for withdrawal from SNT members?

An application for withdrawal is written in any form, by hand or using a computer.
The application must contain:

Hat: written on the right side, it is indicated to whom the application is being written and from whom.
In the middle is written"Statement"
The text of the statement itself is written, with an indication of the request for exclusion from the members of the partnership, the calculation of the share, a request to conclude an agreement, to compare the contributions made and possible arrears.
At the end of the application, you should indicate the period for its consideration(usually given a month).
The conclusion is dated and signed the applicant.
Do not forget that the application is made in two copies. The copy that remains with the applicant must be stamped with the date and signature of the person who accepted the application.

Summing up, we can draw the following conclusion:

Coming out of SNT is a very real phenomenon that does not require the graduate to go through complicated procedures.

The main thing is to know your rights and remember that no one can interfere with the exit from SNT, as well as encroach on those who have

Sample sample

property, incl. land located on the territory of the partnership.

General meeting (chairman) SNT _____________
From ________________ land plot No. _________

STATEMENT

I would like to ask you to exclude me from a member of the horticultural non-profit partnership ______________ (name of the partnership).
If I am excluded from the partnership, please do the following:

calculate my share in the common property in money or in kind, indicating the specific objects for which the calculation was made.
conclude an agreement with me on the procedure for the use and operation of common property (list the property).
In accordance with the law, the contract must be reviewed and signed within 30 days from the date of application. I ask you to provide me with a draft agreement within 10 days for review.
make a joint reconciliation of my debt to SNT with the submission of all the necessary documents confirming this debt.

(Signature) Date___________

When acquiring land plots for the purposes of gardening and horticulture, many citizens join special organizations. They are created to assist citizens in the management of the economy. One of such uniting organizations is SNT - a garden non-profit partnership.

Issues related to the regulation of the activities of SNT are regulated by legislative norms. Despite this, citizens are not always aware of how to properly carry out a particular procedure. In particular, there are many questions regarding the withdrawal from SNT in 2018. We will tell you what is the order of this procedure, what are the pros and cons, and how the registration takes place.

The decision to join or not to become a member of SNT is made voluntarily. This is a personal matter for each landowner. Nobody can force to join - this rule is regulated by law.

If the landowner entered the partnership, and after a while decided to leave it, then no one has the right to keep him. However, in this case, it is necessary to understand what the consequences of such a decision are.

Of course, there is nothing wrong with leaving SNT. After that, there are no serious difficulties.

You can initiate withdrawal from the partnership by submitting an application. It is drawn up in free form and transferred to the management of SNT. The application can be submitted in person or sent by mail.

After the application is accepted, the following consequences occur:

an agreement is signed with the withdrawn participant, which regulates the further relationship of the parties;
payment of membership fees is terminated;
there is no opportunity to take part in the internal affairs of the partnership;
you no longer need to obey the rules established in the SNT and the decisions of the partnership;
loss of the opportunity to be elected to the management.

You can leave the partnership at any time. In this sense, the participant is not limited.

The procedure for exiting SNT

The process of leaving SNT in 2018-2019 does not have any special legal difficulties. The person who decides to withdraw from the partnership must adhere to the following algorithm:

Write a statement in any form. The application is written in duplicate addressed to the chairman of the partnership. One copy is transferred to the partnership, the second remains with the applicant.
Put a mark on your copy that the application has been accepted. The authorized person must indicate the date of acceptance and personally sign.

That's it, you don't need to do anything else. When leaving SNT, it is not required to convene a general meeting of members or wait for the chairman's decision.

There are cases when the exit from the ranks of the gardening partnership was compulsory. This is possible when:

the participant deliberately and systematically violated the norms of the law regarding the activities of SNT;
the participant did not eliminate the facts of improper use of the land plot.

When such violations are revealed on the part of a member of the SNT, a decision on exclusion is made in relation to him. Such a procedure (as well as voluntary withdrawal) is prescribed in the charter of the partnership. The date of termination of membership of SNT is the day of application.

Conclusion of an agreement on the procedure for the use of common property

If the landowner decides to conduct activities independently, separately from SNT, then he loses the right to the common property of the partnership. As a rule, the list of common property includes vital objects: roads, engineering networks, electricity, etc.

Of course, no one says that after leaving the SNT, you will have to bypass "other people's" roads or re-conduct electricity. A special agreement is concluded with the withdrawn participant, which will resolve these issues.

The conclusion of the contract is beneficial for both parties. It is drawn up in writing and must take into account all the essential conditions of the relationship.

If SNT does not offer to conclude an agreement, the withdrawn participant should independently draw up a draft document or use legal assistance. The completed project must be referred to the management of the partnership.

If SNT refuses to sign the document, then the parties decide the issue in court. Going to court is also advisable when the partnership overstates tariffs or insists on introducing conditions that contradict legal norms.

Dear Readers! We cover standard methods for solving legal problems, but your case may be special. We will help find a solution to your specific problem for free- just call our legal advisor by phone:

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Termination of obligation to pay contributions

After leaving SNT, any obligations of a material or many nature cease. The regular transfer of contributions is abolished. Instead, the land user will pay the payments specified in the concluded agreement.

Timely payments under the contract are the responsibility of the landowner. If this condition is ignored, the contract may be terminated and the funds collected in court. In addition, the partnership can restrict access to property, and penalties will be charged on the amount owed.

Be extremely careful. There are cases when membership fees were paid in advance, calculated for a year in advance. If the landowner leaves the SNT, the partnership has the right not to return the contributions already paid. However, such funds, paid in advance, are returned.

For example, if a citizen submitted an application for withdrawal in October, then contributions from January to October will not be returned to him. But the money for November and December will need to be returned in full. In case of violations, you can go to court.

What will happen to the land plot and share in the common property

The right to use the land plot is not lost in case of withdrawal from the members of the partnership. In addition, often, the lands included in the SNT are owned. It is practically impossible to deprive someone of his property rights even through the courts.

If the site is not registered as ownership, the situation is resolved by agreement with the board on the procedure for further land use. They have no right to deny this.

In SNT, it is quite common to practice a scheme in which members make monthly payments. The collected funds are spent on the purchase of common property. It is used by all SNT participants.

Can he withdraw his share when leaving the partnership? You can get it in the form of property or monetary compensation. It is calculated from the value of the property divided by the number of members.

The procedure for calculating and transferring shares must be regulated by the charter of the partnership. If the order is not spelled out, the parties agree on an individual basis.

How to fill out an application for withdrawal from SNT

The application is written in any form. There is no established pattern. The document can be handwritten or printed.

The text of the application must contain:

The "heading", which indicates to whom and from whom the application is written, is located in the upper right corner;
the name of the document "Application" - written in the middle;
the text of the application itself - the request is indicated to be excluded from the members of the partnership;
at the end, the consideration period is prescribed - one month;
date and signature.

The application is made in two copies. The copy of the applicant must be marked with acceptance.

Advantages and disadvantages

Regardless of the reason for leaving SNT, this procedure will have the same consequences.

The pluses of the exit include:

reducing the cost of making membership fees or fees;
unlimited choice of conditions for the use of a land plot;
exemption from control over land use by the board of the partnership and the prefecture.

However, there are also disadvantages:

to use the land plot, you will need to draw up an agreement;
the amount of monetary compensation in the event of legal proceedings will be reduced;
to use communications and other common property, you will need to draw up an agreement.

The process of leaving SNT can be very lengthy if bureaucratic issues drag on. This is another drawback.

If you have any difficulties, seek legal advice. You can get free legal aid on our website. Ask an expert in a special window.

Now you know how the exit from SNT occurs and what are the consequences of this decision. In extreme cases, it is advisable to go to the courts. Before these, it is advisable to consult a lawyer.