Garage cooperative in 2021: what is it, law, charter, how to join and leave?

What are the rules of the GSK?

If your garage is not a separate building and a number of mandatory conditions are met, which we will list below, then you can easily create a civil code and thereby appreciate all its advantages.

The cooperative, as a subject of economic and economic activity, has its own rights, which we will consider further:

the right to choose the direction of economic activity;
plan activities to achieve your goals;
produce goods or services and make a profit for them;
create branches or departments and so on without registering a legal entity;
dispose of property in accordance with the Charter.

The main criteria for the existence of this community are as follows:

at least three individuals and legal entities united by one purpose;
joining the community is carried out exclusively on a voluntary basis, if a community member himself determines the need for this;
for the existence of this GSK it is necessary to pay regular membership fees, which are necessary for the implementation of activities determined by general meetings;
founders can only be adults who are citizens of Russia or another country; stateless persons and legal entities, or rather their representatives, can also become participants;
it will be necessary to determine the founder by general voting;
all meetings are recorded in appropriate minutes;
decisions are made by voting and determining a majority;
members of the cooperative unite to achieve one common goal and are ready to comply with certain rules that are determined at general meetings.

GSK is a garage cooperative that must be registered in a certain order.

The registration procedure for a garage cooperative is regulated by the Civil Code.

As for control over the activities of the association, it is carried out by executive authorities.

All issues related to the activities of the garage cooperative are regulated by the relevant legal document - the Charter.

The charter is the main document regulating the rights and responsibilities of members of the cooperative.

It is adopted at a general meeting of the merging parties. It contains all the legal information about the community - a list of community members, legal address, powers and responsibilities of members, the procedure for paying membership fees and their distribution, and so on.

What should the chapters of the charter of a garage cooperative contain?

General provisions. This section indicates the full name of the organization, containing an indication of the subject of its activities. Detailed address. It must be stated that a garage cooperative is a legal entity and has all its attributes - an independent balance sheet, the necessary bank accounts, a round seal and a corner stamp, forms and other details.
Goals, as well as the subject of the activities of the GSK. Accordingly, the reasons why it was created are stated. The part about the subject of activity describes the means of achieving the main goal. This is the conclusion of all kinds of agreements: for the project of a given garage cooperative, for the construction, installation and connection of utilities, ensuring the life of the organization, its additional functions, etc.
Property. All financial issues related to the organization are described, due to which the property of the GSK is formed. It is stated that cooperative funds will be created on the basis of this property, followed by a brief description of them. The size of the entrance fee to the garage cooperative, as well as all other types of contributions and the conditions for their payment are established. Describes what the expenses of a garage cooperative should be. Penalties are determined for late or non-payment of contributions (up to and including exclusion from membership of the garage cooperative). Since the financial issue is very important, we will talk about this in more detail in the next block.
Bodies managing the cooperative. Usually these are: 4.1. The highest body is the general meeting of members of the State Committee. His competence includes:

adoption of the Charter and all changes relating to the document;
determining the amount of contributions and funds;
admission and exclusion from members of the garage cooperative;
adoption of cost estimates and balance sheet for the year of the GSK;
election of the board of the garage cooperative and the audit commission, as well as deprivation of their powers;
decisions on the reorganization of the company or its liquidation.

4.2. The executive body of the GSK is the board, which is headed by the chairman. The board of the garage cooperative carries out its current functioning:

organizes the collection and accounting of contributions;
draws up budget and expense plans;
maintains lists of organization members;
prepares and approves the agenda of the general meeting.

4.3. The control body of the GSK is the Audit Commission. Members of the board cannot be members of it. The Audit Commission controls the financial activities of the cooperative.

5. Membership, duties, rights. The chapter describes under what conditions it is possible to join a garage cooperative. The section should also describe all the rights that membership in the garage cooperative provides, namely:

participation in the management of GSK;
profit share;
receiving cooperative payments;
the ability to leave the garage cooperative at any time and reimbursement of the share contribution;
unhindered receipt of any information about the activities of GSK;
receiving a share of property, in addition to the indivisible fund, when the garage cooperative is liquidated, etc.

The chapter must also contain the duties of a member of the cooperative:

compliance with the provisions of the charter and decisions of the governing bodies;
compliance with fire safety, technical, sanitary standards and rules for maintaining a garage box;
fully participate in all types of financial activities of GSK, etc.

Conditions under which exclusion from the cooperative is possible:

systematic non-payment of contributions;
violation of the provisions of the charter of the garage construction cooperative and the rules for maintaining a garage box;
damage to the property of GSK, its activities or reputation.

There should also be provisions on how to voluntarily leave the garage cooperative.

6. Reorganization and liquidation of the company. Affiliation, merger, division, separation or transformation, as well as liquidation of a cooperative must be carried out by a unanimous decision of the General Meeting. The following describes the conditions for the liquidation of a garage cooperative, usually these are:

decision of the general meeting;
court statement;
financial insolvency (bankruptcy) of the organization. Then the organizational measures for the liquidation of the GSK must be prescribed.

7. Reporting and accounting in the cooperative. The organization must maintain statistical, operational and accounting records and submit reports on all its activities. Every year an independent audit of the financial activities of GSK must be carried out.

What are the rights and responsibilities within the community?

Within an already created association, each member of the community has certain rights and responsibilities regarding this issue, all of them are spelled out in the Charter. The charter must take into account all issues that may arise in the process of relations between the cooperative and an individual.

The GSK cannot consist exclusively of individuals or legal entities. In order for a community to be officially recognized by the GSK, it must include both individuals and legal entities united by one goal.

An approximate list of responsibilities of members of the cooperative looks like this:

it is necessary to pay fees on time;
attend general meetings, which are announced in advance;
take part in events that are determined on the agenda;
pay taxes on time;
submit financial and tax reporting within the deadlines specified by law;
comply with the Charter.

If a garage cooperative has common property, then it belongs to members of the community; in addition, commercial activity is not prohibited on the territory of the cooperative.

That is, if a member of the cooperative wants, then he can legally engage in commercial activities and make a profit. Although initially the main purpose of its creation is not profit or income.

Let's consider the rights of GSK members :

ownership of cooperative property;
use community property;
dispose of the property of the GSK, if this is determined by the Charter;
the right to vote at GC meetings;
receive payments for shares and others;
if there is a reorganization of the State Joint Stock Company, then all its rights are transferred to its legal successors;
if he bought the property, he becomes its full owner;
in case of premature withdrawal from the GSK, its member has the right to receive his share of the property at the time of withdrawal;
the right to inherit property in accordance with the Law of the Russian Federation.

Garage cooperative: how to open a successful financial organization

The source of the property of the GSK, as the standard “garage cooperative statute” states, is the contributions of its shareholders. The Civil Code of the Russian Federation allocates only share and additional contributions. Here are some typical fees that can be written into the charter before creating a garage cooperative.

Entry fee to a garage cooperative - financial resources paid by a new member for registration and expenses for completing all documentation for joining the garage cooperative.
Membership fee is financial resources contributed by GSK shareholders for the salaries of its employees and other current expenses.
Share contribution. It's not necessarily money. You can also contribute securities or other property, including property rights. The assessment of such a contribution must be made by mutual agreement of all shareholders of the cooperative.
Additional payment. Funds paid by a member of an organization to cover losses of the cooperative.
Target contribution - financial resources allocated by the members of the GSK for the purchase or creation of common garage property or for its modification - replacement, major repairs, modernization. It is the responsibility of the chairman of the garage cooperative to ensure that all these dues are paid on time.

The size of the share contribution should be determined as the quotient of dividing the amount of financial costs for construction (according to the estimate) by the number of car seats. The company's charter must provide for the possibility of changing the size of the share contribution in the course of updating the estimate at different stages of construction.

A peculiarity of the organization of a garage construction cooperative is that the admission of new shareholders is carried out gradually, throughout the entire period of construction of the garages. Therefore, it is convenient to calculate the membership fee according to the following scheme:

Calculate the garage cooperative's general operating expenses for the entire year.
Divide the sum of all expenses for this estimate by the projected number of car spaces in the public complex and get the annual membership fee for one car space.
Determine the size of the annual membership fee in proportion to the number of those declared before joining the garage cooperative, the shareholder for the purchase of places, regardless of the time of entry.

Before the start of operation, all property is the property of the cooperative as a legal entity, but subject to the state. registration of the right to it. But the members of the cooperative themselves do not need to register the transfer of ownership from the very beginning, as the Civil Code obliges in other cases (Civil Code of the Russian Federation, Article 223, paragraph 2). The law establishes that car spaces in a working garage belong to the members of the GSK who have made full share contributions (Civil Code of the Russian Federation, Article 218, paragraph 4). In other words, the property rights of a member of a cooperative are independent of the circumstances of its state. registration. After completion of construction, only common areas remain on the balance sheet of the association. The garage cooperative passes into the status of common shared ownership (Civil Code of the Russian Federation, Art. 244).

The daily activity of garage cooperatives is the operation of garage boxes; it does not pursue the goal of making a profit from it.

But GSKs have the right to engage in entrepreneurial activities.

How to manage it?

A cooperative is a community that is united by one goal and some property. Management of the activities of the State Joint Stock Company is carried out through a general meeting of persons, members of the community, in other words, shareholders.

All decisions are made by voting, the decision for which the majority voted or did not vote is accepted or rejected.

Management is carried out thanks to:

Board;
Chairman;
Audit Commission.

All of them are determined at the general meeting, each of them has their own responsibilities and powers.

As for the regularity of meetings of shareholders, it is worth noting that they can be held as needed.

In this case, at least two general meetings must be held per year .

All members must be notified of the holding of a meeting of shareholders.

What is a general meeting and what is the purpose of convening it?

A general meeting is held in cases where it is necessary to resolve issues by voting. This need arises in a situation when it is necessary to determine the members of the Management Board, when it is necessary to make changes to the Charter, when it is necessary to resolve the issue of reorganization or liquidation of the cooperative, to approve annual reports, and so on.

The general meeting is the highest governing body of the cooperative, which can resolve almost all issues by voting by community members.

What is a review meeting?

A supervisory meeting is a convening of the authorized representatives of the supervisory board of the cooperative. Its main purpose is to monitor compliance with the charter of the cooperative; this body also controls the activities of the executive body of the community. The supervisory board of the cooperative has the power to convene meetings if the powers of the board are suspended for certain reasons.

What is a meeting of delegates?

This is the convening of those members of the cooperative who have certain powers with which they were vested by a decision of the general meeting by voting.

A meeting of persons authorized by the Charter can be held only if it is legitimate if the very fact of the meeting is defined in the main document of the State Joint Committee, otherwise any member of the community can apply to the court to declare the meeting illegal. Thus, decisions made at the meeting will be canceled. Otherwise, general meetings of commissioners are held to resolve issues related to the main aspects of the activities of this community.

Privatization of land in a garage cooperative

In the vast majority of garage cooperatives, land is provided to them for construction on the basis of indefinite, in other words, permanent use. Therefore, ownership rights to these lands remain with the state (or local government). In order to become the legal holder of such a plot of land, it is necessary to privatize the land in a garage cooperative (to be more precise, buy it from state or municipal property).

The Land Code of Russia declares the exclusive rights of the garage owner to purchase the land plot under this property. The cost of this financial transaction should be established by regional legislative bodies. Most often it depends on the location of a given plot, but in any case it cannot be higher than its cadastral value.

It is worth saying that you can buy a plot of land as your own only if the garage on it is a separate structure with its own foundation, entrance, etc. If you have a box in one property garage complex, then the lands of such garage cooperatives are indivisible. The issue of indivisibility or divisibility is decided by regional bodies of architecture and land relations. In this case, you will be able to buy only a share in the rights of one shared ownership of all the lands under the garage boxes of the cooperative. In addition, before opening such a garage cooperative, regarding an undivided land plot, it makes sense to conclude a lease agreement with a plurality of individuals on the part of the tenant. The decision to purchase or lease a plot of land must be made at a general meeting of shareholders of the company, which is then registered in the constituent documents of this garage cooperative. In order to buy the land under garage boxes into common shared ownership, it is necessary that membership in your garage cooperative, as well as the ownership rights of all cooperative members to the boxes, be properly registered.

Making decisions

If important issues are decided at the general meeting that must be done by voting, decisions will be made based on the decision of the majority . If less than a third of the total number of participants voted for a certain decision, then it cannot be adopted. All meetings are recorded in Minutes indicating the total number of those present and voted.

What is the responsibility of members for established permissions?

Since the main document in the GSK is the Charter, it spells out all the duties of the members of the board of the cooperative. For their failure to comply or violations, members of the Management Board may be held liable in accordance with the legislation of the Russian Federation . If the decision was made without reason, then liability is provided for this.

If a person does not want to bear responsibility, then no one can force him to become Chairman or member of the audit commission.

The main rule of being on the lists of cooperative members is the voluntary decision of the participant.

Formation and issuance of salaries

Based on the remuneration system adopted by the GSK, the chairman may be paid an official salary or tariff rate. The salary is issued to the employee against his signature, by issuing cash at the cooperative's cash desk. It is possible to issue wages in non-cash form when the chairman writes a corresponding application, indicating the bank account into which he wants to receive wages (if it does not contradict the contract).

Advantages and disadvantages

The advantages of creating a garage cooperative are considered to be:

obtaining the opportunity to build a complex of garages on city land;
equipping the territory with all the benefits of civilization: supplying electricity, water, organizing cleaning and garbage removal;
site security.

It is almost impossible to do this alone.

The legal platform of the garage cooperative does not have full support from the state, and its activities are regulated only by special acts.

How to change the community chairman

In cases where:

the term of office of the chairman of the garage cooperative ends;
the head of the organization fails to fulfill his responsibilities or abuses the powers given to him;
the elected person resigns from office;

– at the general meeting a decision is made to change the chairman.

GSK protocol on change of head

The number of those present, the number of those who voted “for”, “against”, and “abstained from making a decision” are documented.

A new leader is selected.

A shorthand transcript of the meeting may be added to the minutes, recording questions and answers.

The term of office of the new head and the results of voting on his person are noted.

How to remove the chairman from his duties

If the chairman of the State Joint Stock Company neglects his duties, exceeds his authority, is engaged in unregulated activities, and does not report to the tax authorities, a decision is made at a meeting of shareholders to remove the head from office.

In some cases, the issue can be resolved by appealing to the prosecutor's office or court.

Problematic situations related to the position of the head of the GSK

Contacting law enforcement agencies may occur under the following conditions:

violations of the law on energy resources (power outages in garages without a corresponding order from Energosbyt, arbitrary connection to networks);
commercial activities not coordinated with the needs of the Civil Code, not approved at a meeting of shareholders;
misappropriation of money from the organization, abuse of its use.

If a leader strictly observes the laws of the Russian Federation and the charter of his organization, his activities bring benefit and development.

Ensuring the safety of your own car in urban conditions is not an easy task. Leaving a car in open areas is dangerous, and paid parking lots are not cheap, and they are not always within walking distance. The way out of the situation is to create a new garage cooperative. What are its advantages and how to register a GSK, we will look into it below.

Gaps in legislation and how dishonest managers take advantage of them

The problem with the GSK is that when registering institutions with the tax office, the charter of the cooperative, as a rule, is not checked, which is exploited by unscrupulous chairmen for the purpose of extracting personal gain.

For example, there were cases when expelled members of cooperatives lost the opportunity to use their personal garage, which was recorded in one of the articles of the charter. Some chairmen include a clause in the text of the charter that prohibits audits of their activities - this allows them to carry out various financial frauds.

From the point of view of GSK participants, problems can begin when trying, for example, to privatize a plot with a garage. After all, in this case you will have to take the corresponding certificate from the chairman of the cooperative.

In Russia, many cases have been recorded when the board of a cooperative begins, under various pretexts, to extort money from shareholders who want to receive certificates or other additional services. Various cases of conflicts have been noted in which two chairmen or even more appeared within one cooperative.

How to become the chairman of a garage cooperative