A story about how the chairman of a garage cooperative tried to collect non-existent membership fees. - Lawyer Oleg Yurievich Larin

How can you take away a cooperative parking garage for a large debt due to non-payment?

My metal garage was taken away for non-payment of membership dues.
I purchased the garage 1 year ago, there are no documents for it. The seller assured that he would pay all the fees and that there was nothing to worry about! But apparently he didn’t do this and the garage was taken away along with all the property! Can I pick up my property from the garage or will I have to pay off all debts and cover all removal costs? And only then can I take back my property?

Non-payment of garage dues

The plaintiff did not wait for cutting with an autogen, but simply cut the seam with a chisel. Now, he says, his garage door doesn't look its best and, in fact, needs painting because the seam may be corroded. As compensation, Oleg D. demands 2,124 rubles, as well as compensation for legal expenses, which have already exceeded the amount of compensation.

Garage was torn down for non-payment of membership fees

concluding agreements with service organizations for the provision of public services (provision of water, electricity, sewerage);
organization of 24-hour security;
repair and maintenance of common property (roads, fences, communications);
representing the interests of GSK in government bodies.

How does deprivation of ownership of a garage occur in GSK

The power will be cut off because you are not yet a member of the cooperative and should not use the common benefits. And they won’t accept it, hinting at you know what. And no extortion.

Since this happened with the debt, I would advise you to talk with the chairman about filing a claim against the old mistress. Win 100%. At the expense of the trial with the State Investigative Committee and the prosecutor's office, as some advise, there are no less headaches.

And the chairman will pay the court costs (if awarded) with your own contributions. He doesn't care.

Communities › Dream Garage › Blog › Boxing 238 part 4 Garage with debts

If the tenant does not return the leased property or returns it untimely, the lessor has the right to demand payment of rent for the entire period of delay. In the event that the specified fee does not cover the losses caused to the lessor, he may demand compensation for them.

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How to write a letter of resignation from a garage cooperative using the sample? Everything about exclusion from members of the GSK

First, without fail, he registers the garage as his property and only then sells it to you. He can give you a power of attorney to register the garage as his own (if he has no time to do this). The land will remain in cooperative ownership.

Owned garage, debt on contributions to GSK

Upon a new consideration of the case, by a court decision dated March 31, 2011. the claim of both Brazhnikov V.D. and the counterclaim of GSK Forsazh LLC regarding the obligation to conclude an agreement for the use of infrastructure facilities, property and services of the cooperative were satisfied. The court ordered Brazhnikov V.D.

and GSK Forsazh, represented by an authorized representative, enter into an agreement on the transfer for use of infrastructure facilities, property and the provision of paid services by the cooperative, taking into account the essential conditions set out in the reasoning part of the court decision, within ten days from the date of entry into force of the court decision.

In the rest of the stated requirements, Brazhnikov V.D. , LLC and the Forsazh garage cooperative were denied.

1) Pay for this year, especially since suddenly the opportunity has opened up to do it by bank transfer, explain the situation with accepting payments in court and fight off previous payments, or pretend to be a bona fide payer and express bewilderment at the very fact of filing a claim.

Missed garage fees

You are a member of the GSK and are obliged to comply with the GSK charter, which specifies the obligations of the owners of the boxes - members of the GSK to pay contributions, including for the maintenance of the general property of the GSK (payment for security services, electricity supply to the territory and boxes, etc.

), regardless of the period of use of their property. If the charter contains grounds for exempting pensioners from paying contributions due to the fact that the property was not used, you do not have to pay these amounts.

But most likely there are no such provisions in the charter, because then other members of the GSK must pay for you.

Is it legal to turn off the lights for non-payment of membership fees to a garage cooperative? Is the garage owner obliged to pay the debt?

The accountant (in this case) calculates the share and prepares a certificate, the chairman draws up the lists and pre-submits and approves them to the BTI. Should these people do this for free? There must be people who agree to spend their personal time on this. And this must be paid, and payment comes from contributions. Or is it not?

Topic: about contributions to a garage cooperative

However, situations cannot be excluded in which specific officials of the administrations of garage societies, pursuing personal (sometimes selfish) interests, carefully hiding it, or out of personal hostility, by abusing their powers and taking advantage of minor violations of the charter on the part of one or another member of the society, can carry out and formalize the organization’s decision to exclude him and demand that the excluded person vacate the garage and transfer it to the community.

Garage seizure for non-payment of membership fees

However, with this method, much may depend on the chairman of the cooperative.

If he does not agree to transfer the share in the cooperative to the buyer, then he may have to defend his rights in court. There is nothing to be afraid of here, because there is nothing fraudulent in such actions.

The main thing is to conclude an agreement with the buyer not on the sale of the garage, but on the sale of shares or shares in the garage cooperative.

Is it possible to sell or buy a garage without privatization?

Obtain documents for the land plot under the garage building. To obtain official documents for land, the owner does not have to register ownership of the land. To privatize a garage building, it is enough to conclude a land lease agreement with the authorities.
Visit the BTI and obtain a technical passport for the garage.
At the final stage of privatization of the garage, the owner must contact the registration chamber and obtain a certificate of ownership.
To the Registration Chamber, the owner of the garage box must provide a technical passport of the building, a cadastral passport of the garage and a copy of the citizen’s passport.

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Is it possible to privatize a garage? How to privatize a garage: necessary documents and procedure

In accordance with paragraph 177 of Rules No. 530, restriction of the consumption regime in the event of non-fulfillment or improper fulfillment by the consumer of his obligations, as well as in the event of termination of fulfillment of the obligations of the parties under the contract in relation to consumers, is applied in the following order:

Does the chairman of a garage cooperative have the right to turn off the lights for non-payment of dues?

What should I do, I bought a major garage with a collapsed floor, and I had a debt for two years, I came to pay the debt, and there was another lock hanging there, I went to the chairman and she sold it to me and gave my sister 40,000 rubles. And she has a receipt from her sister, and Varshel’s sister doesn’t mean much about the garage; I’m just registered there and have never lived there. What should I do?

Garage debt

28 Mar 2021 uristlaw 63

Source: https://law-property.ru/bez-rubriki/kak-mozhno-zabrat-garazh-kooperativnoj-stoyanki-za-bolshoj-dolg-po-neuplate

Debt on membership fees to a garage cooperative

Good afternoon, Ivan! You can contact the chairman of the garage cooperative writing you have no obligations for the debts of the former owner , attach the purchase and sale agreement as confirmation.

Hello. Currently, unfortunately, there is no law regulating the activities of garage cooperatives and none is expected. Therefore, one should be guided by Chapter 4 of the Civil Code of the Russian Federation, which contains the rules on consumer cooperatives and the Law of the Russian Federation of June 19, 1992 N 3085-1 (as amended on July 2, 2021) “On consumer cooperation (consumer societies, their unions) in the Russian Federation.” But that's not what this is about. There is only one rule, enshrined in Part 3 of Article 158 of the Housing Code of the Russian Federation, according to which, when the ownership of premises in an apartment building is transferred to the new owner, the obligation of the previous owner to pay the costs of major repairs of the apartment building, including those not fulfilled by the previous owner, obligation to pay contributions for major repairs. This norm obliges the owner who bought the apartment to pay the debts of the previous one. No other law contains an obligation to pay the debts of the previous owner. As you write, not your debt. But the chairman of the cooperative and the audit commission are obliged to take measures against debtors, incl. go to court to collect debt. But the chairman does not want to take on this judicial hassle, which is quite difficult (you must first find the debtor), so he does it easier. Obliges you to repay the debt. As they say, he moved from a bad head to a healthy one. Talk to him about this topic. If he shows stubbornness, demand a written refusal to join the garage cooperative and promise that you will take this refusal to the prosecutor's office. She will correct him. And if he is a smart person, he will not contact you and will give the green light to the cooperative.

We recommend reading: No Share in the Apartment But It’s Written and the Debt Weighs

How to leave a garage cooperative or get rid of a garage, consequences of exclusion

Members of the GSK are not always satisfied with the relationships or conditions, so the decision to leave the garage cooperative is by no means uncommon. Another question is how to do everything correctly in order to keep the boxing in your property.

There are quite a lot of pitfalls, so it is worth taking a closer look at the goals and reasons for leaving the GSK, as well as the possibility of voluntary departure.

Goals and reasons for leaving the garage cooperative

The reasons and goals for leaving the GSK may be different, but most often leaving a garage cooperative is associated with several main reasons:

lack of trust in management;
a member of the State Committee did not have a good relationship with the accountant and the chairman, there was a conflict;
the person no longer has a car, and he doesn’t use the box itself in any way, and accordingly, he doesn’t want to waste a lot of money.

At the same time, the member of the cooperative has no desire to be deprived of boxing.

Voluntary withdrawal from the garage cooperative

An example of a letter of resignation from a garage cooperative.

Leaving a garage co-op voluntarily must be done with caution. Often, upon learning of such an intention, management begins to threaten the complete liquidation of the garage.

Even if such drastic measures are not taken by the chairman of the GSK, it is necessary to leave the society with extreme caution so as not to lose your property.

The procedure for forced exclusion from the GSK

Charter of the garage-construction cooperative.

In case of non-payment of membership fees, the management of the cooperative may sue and deprive of membership in the GSK.

In this case, the exclusion is not voluntary, but rather by decision of the initiative group of managers. Usually the reason is simple - large payment arrears, with a noticeable tendency to increase. Other reasons are non-participation in meetings, indifference to the fate of society.

The chairman is obliged to notify the box user of the decision to deprive him of membership in the cooperative, hand the notification personally against a signature of receipt, or send it by mail with acknowledgment of receipt.

At the next meeting, at the request of the building cooperative, the issue of expelling the persistent defaulter from the GSK is raised; it is advisable that he personally attend the meeting. The participation of the negligent participant in the meeting is determined by the general opinion, and the results are recorded in the minutes of the meeting.

The expelled member must be sent an extract or a copy of the protocol.

This means that the former member will have to pay the entire debt, and if the case goes to court, then legal costs and government fees will also be paid by the non-executive former member.

In the photo you can see an example of the GSK charter.

Termination of membership if box is owned

The box owner can terminate his membership in the cooperative by transferring ownership rights to another person. For example, a garage can be sold or donated.

In this case, the owner needs to write a statement about his desire to leave the cooperative and send it to the chairman of the GSK, and to the new owner - an application to join. In essence, there is a change of member of the GSK and the owner if the statements are approved at the general meeting.

Application for withdrawal from the cooperative

To get rid of a garage in a cooperative, you must submit an application addressed to the Board or addressed to the chairman of the GSK. The application form is free. In the upper right corner in the header the name of the recipient is indicated. Below are contact and passport details, address, full name of the applicant.

Below in the center is the essence of the application: I ask you to exclude me from the members of the garage cooperative due to the fact that my property share in the form of a garage box (box number) was sold (date of execution of the purchase and sale agreement) to a citizen such and such.

Even lower, the full name is indicated, the date and signature are placed.

Risks

Threats to raze the garage to the ground are not an empty phrase. In Art. 622 of the Civil Code of the Russian Federation, you can read the information that upon completion of the lease, the plot must be returned in its original condition, that is, without any buildings on it. Therefore, you should not enter into an open conflict with the board of the cooperative.

The risks are not only the danger of being left without a garage space. There is a risk of pressure and non-payment of share contributions for a variety of reasons - there is no free finance, the financial report for the year has not been completed, and so on. As a result, the share will be paid, but the terms may be significantly delayed.

GSK-related papers, especially those related to payments, should be kept in a separate folder. Even a seemingly unimportant document will turn out to be necessary in reality.

Pitfalls and nuances

Signed statement of resignation from GSK.

Nobody wants to pay for the services of maintaining a garage cooperative, but there is no way to get by. There are no rubbish piles, there is water and electricity, and security does not allow strangers into the territory.

It is necessary to think carefully before identifying a desire to leave the cooperative. You will have to draw up contracts for the provision of services yourself, and it is far from certain that their cost will be cheaper.

In addition, it is worth paying for the absence of headaches and worries about the safety of your car - reliable care costs money.

Bottom line

Leaving your garage co-op is an important step, and you should carefully weigh the pros and cons before taking any action. It is not a fact that completing all the paperwork yourself will cost less, and a direct confrontation with the GSK board could end very badly - the loss of the garage.

And leaving the GSK and losing membership can lead to a person becoming an outcast, at risk of not getting access to his garage, or in the worst case, being left without a place at all.

Source: https://vseprogarazh.ru/yurist/kak-vyjti-iz-garazhnogo-kooperativa/

On the collection of debt for payment of membership fees for garages

As correctly established by Magistrate Afonina *.*. is the owner of a garage located on a land plot at address: “a”, which is part of the land plot previously used by KGS Lada. As follows from the explanations of the parties, this garage of Afonin *.*. built on the basis of construction permit No. dated DD.MM.YYYY, issued by the administration of the city of Sovetsk, Kaliningrad region. Afonina *.*. was a member of this cooperative. State registration of property rights of Afonina *.*. was not issued to the garage, but, for the reasons stated above, she owns a garage with permitted use. Afonina *.* has the title documents for the land plot on which this garage is located. are absent, land relations are not formalized.

Based on the evidence in the case examined by the court, it follows that the Lada Collective Garage Parking Lot (Lada Collective Garage Parking Lot), which was transformed (renamed) into the Ladina cooperative in 1993, was located on the territory at the address: “a”. Land plots of this territory with an area of 60,000 sq.m. and 7100 sq.m. administration

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Can bailiffs confiscate and sell a garage to GSK for debts?

Read what property bailiffs do not have the right to foreclose on; in general, all property that bailiffs do not have the right to seize is described in Article 446 of the Code of Civil Procedure of the Russian Federation; also, Article 101 of the “Law on Enforcement Proceedings” describes all types of income for which bailiffs do not have the right to foreclose .

Seizure of the debtor's property by bailiffs

Debtors who refuse to fulfill their debt obligations often try to hide property from FSSP employees by selling it or registering it in the name of relatives. To prevent such behavior, bailiffs have the right to seize the debtor’s property at any stage of enforcement proceedings.

Debtors in GSK

There are plenty of them around. They start talking nonsense about how they come once a month to pick up potatoes, but others say they live here, and stuff like that. Don’t be tormented by remorse, resolve the issue firmly, otherwise the other 69 boxers won’t understand. You’re not freaking out, you’re not being outrageous, but you’re trying to collect normal payments. I would not disdain any methods.

What bailiffs can take for credit debts

What can bailiffs take for credit debts? They won’t take anything, at least not on their first visit. They will only describe the property that the debtor will have to keep for himself.

The inventory list includes almost everything, except for a certain category of things, which include: food products that do not exceed the cost of the minimum wage, children's things, things of third parties located in the debtor's apartment, a refrigerator and a stove, if they are in a single copy, etc. d.

If the client does not pay the money within 10 days after the inventory, the bailiff may initiate a procedure for the collection and subsequent sale of the described property.

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Can bailiffs take away (seize) the debtor’s car?

Let's take a situation with debts, let's say a person took out a loan and stopped paying it, the debt, for example, is 200,000 rubles, the bank or collectors will call the debtor and demand repayment of the debt, the debtor can ignore such calls, but at one point the bank will simply sue the debtor and Of course he will win in court. The debtor will be required to pay the bank a certain amount, the bank will receive the writ of execution and transfer it to the Federal Bailiff Service, and the bailiffs will collect the amount of the debt.

How to protect property from bailiffs

The property of an individual, whether a conscientious citizen or a debtor, is reduced to maintaining living conditions. An apartment, a car, household appliances, deposits - all this is necessary for a normal existence.

And if the property is on the verge of being seized by bailiffs , then it’s time to think about how to protect the property by legal means? Let’s make a reservation right away: it won’t be possible to hide anything, but it won’t hurt to use legal mechanisms.

Legal ways to protect property from seizure by bailiffs

In relations between debtor and creditor, justice is established through the court. If a citizen does not want to voluntarily return previously borrowed funds, then after considering the claim from the lender, a completely logical decision may follow to forcefully collect the debt. In this case, you should first find out how to protect your property from bailiffs.

What happens to seized property?

The total period for the sale of property from the beginning of the procedure to debt collection can exceed 3 months and sometimes lasts up to a year. It was not for nothing that I said that every procedural action of a bailiff (the issuance of a particular decision) can be appealed.

It happens that third parties apply to exclude property from seizure. For example, a bailiff sees property in an apartment for which there are no documents and describes it.

And then it turns out that the property belongs to the grandmother, mother-in-law, grandson, neighbor and documents are provided confirming this.

GSK Victoria

In addition, GSK is characterized by specific property relations

for real estate. The source of property of the newly created GSK is the contributions of its members. At the same time, the Civil Code distinguishes only share and additional contributions. Therefore, the definitions of contributions should be disclosed in the GSK charter.

The concepts of entrance and share contributions can be “borrowed” from the Federal Law of December 30, 2004 No. 215-FZ “On Housing Savings Cooperatives” (clause 4, 5, article 2). The term “targeted contributions” is used by gardening, gardening and dacha associations of citizens (Article 1 of the Federal Law of April 15, 1998

No. 66-FZ).

If the debtor still owns the property or other housing. It could even be a room or share in a communal apartment.
The amount that the citizen did not pay is slightly less than the total cost of the apartment.
There is a decree from the courts or a notary.

Buying an apartment from a debtor

As for the debt for housing and communal services, property tax, mortgage loan, alimony, etc. – the new owner has nothing to do with them. However, after registering the transfer of property rights, we recommend notifying the concerned authorities that the apartment no longer belongs to the debtor.

Can they take away a car for debts?

Attempts to resolve the dispute without trial last from 6 to 12 months. If the debtor cannot be influenced, the bank files a claim in court for debt repayment.

If the car is the subject of a pledge, then, of course, a decision is made to seize it. Bailiffs can forcibly seize a car for debts if the borrower refuses to follow the court order.

The funds received from the sale of property are used to pay off the debt.

If the debtor still owns the property or other housing. It could even be a room or share in a communal apartment.
The amount that the citizen did not pay is slightly less than the total cost of the apartment.
There is a decree from the courts or a notary.

Property not subject to seizure by bailiffs

The question of whether bailiffs can take away things owned by close relatives worries many debtors. In this case, it all depends on the circumstances. According to Article 79 of Federal Law No. 229, seizure can only be imposed on things belonging to the debtor. Thus, the property of relatives will not be affected in the collection procedure.

Source: https://yrokurista.ru/ugolovnoe-pravo/mogut-li-pristavy-konfiskovat-i-prodat-garazh-v-gsk-za-dolgi

Collection of membership fees in a garage cooperative

According to current legislation, a non-profit organization has the right to demand the recovery of regular contributions from its members through the court - in cases where such an organization performs certain public functions. If a non-profit organization does not incur expenses for the benefit of its members, carries out its activities without pursuing the goal of satisfying their property needs, and does not perform any public functions, then it does not have the right to compulsorily collect contributions from its members.

In the statement of claim, the plaintiff refers to the conference decision dated February 15, 2021, on the basis of which the debt is calculated, but the case materials do not contain the “Conference Decision dated February 15, 2021”; the defendant was sent a copy of the “Extract from the minutes of the conference of GSK Lada "No. 14 of February 15, 2021", but in the extract from the conference minutes there is no information about membership fees for 2021, moreover, in accordance with clause 3.8. According to the GSK Charter, the conference is not authorized to make decisions on the amount of membership fees; such a decision can only be made by the general meeting of members of the cooperative.

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Possibility of civil service to confiscate a garage for non-payment of dues

According to paragraph 1 of Article 26 of Law No. 7-FZ, one of the sources of formation of property of a non-profit organization in monetary and other forms is regular and one-time receipts from members.

Paragraph 2 of Article 26 of Law No. 7-FZ provides that the procedure for regular receipts from founders (participants, members) is determined by the constituent documents of a non-profit organization.

By virtue of paragraph 2 of Article 14 of Law No. 7-FZ, the requirements of the constituent documents of a non-profit organization are mandatory for execution by the non-profit organization itself and its founders (participants).

Claim for non-payment of GSC membership fees

If the call is ignored, the issue is considered in absentia with the drawing up of a protocol indicating the repayment period of the debt. The Board notifies the debtor of its decision in writing. 2. Upon expiration of the second term and in case of non-payment of the debt, a written pre-trial warning is sent, which sets the deadline.

Payment of membership fees when joining the GSK: are penalties legal in a garage cooperative? What are share deductions and their calculation

What can be done? A court order came for non-payment of membership fees to the GSK. The garage was purchased 10 years ago and GSK did not exist then. We don't use the garage. No garage needed. No one warned us that we had been at GSK for some time. What to do in this situation?

Should I pay contributions to the GSK if I have not joined it and am the owner of the garage and land

One of the main responsibilities of members of corporate public organizations, including garages, established by laws and charters, is the obligation of each member to pay membership and other property fees provided for by the organization’s charters.

Failure of a member of a public organization to fulfill his obligation to pay membership fees gives the organization’s administration the right to raise with the body authorized by the organization’s charter the question of expelling such a member from the organization and may lead to a decision to exclude the defaulter from the organization’s membership, which, in turn, will lead to the right of garage society to request a garage from an expelled member of the society for its transfer to another member of the society.

Lawyer Shumeiko Alexander Vladimirovich

Contact the chairman of the GSK and receive a certificate indicating the state registration data of the GSK.
Submit a certificate to the BTI to receive a certificate with the garage address, and also order a technical plan.
Contact Rosreestr to order a cadastral passport.
With a cadastral passport and technical plan, you can submit an application for privatization to Rosreestr.

How to privatize a garage in a cooperative

Receive confirmation of membership and payment of the share from the chairman of the GSK.
Draw up a technical plan for the garage and register it with the cadastral register.
Submit documents to Rosreestr to register ownership of the garage.
Draw up a technical plan for the area under the garage and register the land with the cadastral register.
Register land ownership.

The procedure for privatizing a garage in a garage cooperative (GSK) in 2018

— first, we held a meeting and received, by means of a meeting, more than 50 + 1 members of the cooperative “FOR” the privatization of the boxes and “FOR” the subsequent privatization of the land; those who could not come to the meeting were visited at home. They took an additional statement about the reason for absence from the meeting and why the board was asking to come home.

About contributions to a garage cooperative

But most likely there are no such provisions in the charter, because then other members of the GSK must pay for you.

Privatization of a garage in a garage cooperative: procedure, general information

Collect and submit documents yourself. This option requires preparation and study of the legislation of the Russian Federation. You will also have to spend a lot of time and effort knocking on the thresholds of various authorities and waiting in queues. The advantage in this situation would be saving money.
Arrange a general cooperative meeting and entrust the paperwork to the chairman of the GSK. With this method of solving the case, you will only need to provide the necessary documents and pay part of the expenses from the general “bank”.
Contact the MFC.
Multifunctional centers are created to help citizens resolve various legal issues that require certain knowledge and skills. By contacting the MFC, you will save yourself from fuss and unnecessary headaches. You will be required to submit a minimum package of documents. MFC specialists will take care of the rest.
This option is suitable for those who are not limited in time and can wait, because the collection of missing documents is carried out upon official requests.
Enlist the help of a lawyer or realtor.
A person who has repeatedly dealt with similar things will advise how to behave correctly in a given situation, help you bypass queues, and tell you how and where to quickly get this or that document.
But in this case, you will have to incur additional costs to pay for the services of your assistant, who helped privatize the garage.
Contact specialized firms providing legal services. The cost of the procedure will be considerable for you, but this will help to avoid loss of time and unnecessary waste of energy.

Interesting: What Changes to Article 228 Came in December 2019

Step-by-step instructions on how to privatize a garage in GSK

In accordance with Art. 446 in case of transfer of disagreements that arose during the conclusion of the contract to the court for consideration on the basis of Art. 445 of this Code or by agreement of the parties, the terms of the contract on which the parties had disagreements are determined in accordance with the court decision.

The city administration must review the application for privatization of the garage within a month and make a decision. The solution may include both the transfer of ownership of the land to the cooperative and the extension of the lease agreement. If the decision is positive, the administration officially issues a resolution, according to which the cooperative receives the land as property.

Garage and land in the property, do you need to pay membership fees?

If his inaction in terms of paying membership fees violates your rights in some way (for example, they cut off the electricity supply to your shared garage), then you have the right to pay his debt and go to court by way of recourse and recover this money from him.

24. I am buying a garage from a cooperative. Now there is no electricity because, according to the treasurer, the previous owner has a debt on membership fees for the period from 2001 to 2015. The treasurer and chairman say that the electricity will be connected only if this debt is repaid. Is this legal?

24.1. Hello.

Yes, but you have the right to claim funds from the previous owner.

25. What happens if you don’t pay membership fees for the garage - search results.

25.1. You may be expelled from the State Committee for non-payment of dues.

26.

Tax Code of the Russian Federation.

In most cases, the owners of GSK are unfamiliar with the intricacies of taxation; they do not separate the funds paid into targeted funds and those that were required for routine repairs, as a result of which the tax is calculated incorrectly.

It should be emphasized that the owner does not pay land and property taxes if the garage in the GSK is registered as a legal entity. In this case, the entire territory on which the garages, utility rooms and access roads are located is the property of the cooperative.

Once a year, the accountant receives receipts for the payment of property and land taxes from the Tax Committee , and divides the amount in them among all co-owners.

Sometimes the garage is located in a co-op, which is tax exempt. In this case, they do not have the right to collect tax from individuals and beneficiaries for using it.

GK and said that because I have a brick garage of 23 sq.m. more than concrete by 5 sq.m. then I have to pay another 300 rubles for each meter. more, although according to receipts the owners of brick garages pay more, I refused and paid the same amount as in 2017.

He blocked my entry into the territory of the Civil Code, citing the fact that I had not paid an additional fee of 1,500 rubles. I have been walking to the garage for eight months and making payments on time.

Tell me how you can influence the chairman of the Civil Code and whether it is possible to recover from him for blocking the entrance, and I had to carry the weight on myself. Thank you!

28.1.

Garage and land in the property do I need to pay membership fees in SNT

Attention, I decided to sell it and the chairman demands that I pay fees for 20 years. Am I required to pay these fees if during this time I did not use the garage and the light was not connected?..

17.1.

We were required to pay dues as a member of the GSK. You don’t have to pay, it doesn’t affect the sale, your debt doesn’t transfer. Can be recovered for the last three years.

18. The statute of limitations for membership fees for the garage expired in October 2021, PGO filed a lawsuit on December 19, 2021.

Is it possible to apply for a statute of limitations?

18.1. You can always ask, but why are you so sure that the deadline has expired?

19.

Our garage cooperative has not held a general meeting for 8 years. During this time, about 70 garages were sold/bought at GSK.

Garage and land in the property do I need to pay SNT membership fees?

I joined a garage cooperative, paid a membership fee of 50,000 and began building a garage on my own, adding to those already built by the developer, who is the chairman of whom I paid. Neighbors demanding money for walls, is it legal?

3.1. Put the roof on your beams and there will be no questions.

So the walls are their property. Or put up your own wall. What if you then want to survey and register it as your property - the neighbors won’t sign for you...

I have a garage, I haven’t paid membership fees for 15 years, since I didn’t live in my hometown, but I regularly paid property taxes to the state. Now I want to return to my homeland, buy a car and use the garage.

Sincerely.

20. I have two garages Do I have to pay membership fees for each garage? That makes two fees. Thank you.

20.1. Unknown. Intra-organizational relations, including the procedure and conditions for paying membership fees, are not regulated by law.

See internal documents of the organization.

20.2. Read the Charter. In practice, membership fees are collected not from the owner, but from the garage.

21.

I purchased a garage in June 2021. The Chairman of the Civil Code demands that the membership fee for 2021 be paid in full, and not for the period from June to December 2021. Is this legal?

21.1. No, this is not legal... demand a recalculation based on the date when you became the owner of the garage.

22. The land plot was allocated for the construction of a three-story building of a garage cooperative; in the Charter of the cooperative and in the Federal Tax Service, the main activity is parking.

Do I need to pay membership fees to GSK if the land and garage are owned?

Embezzlement or embezzlement, that is, theft of someone else's property entrusted to the guilty person, is punishable by a fine in the amount of up to one hundred and twenty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to two hundred and forty hours, or by correctional labor. labor for a term of up to six months, or restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term. (as amended by Federal Law dated December 7, 2011 N 420-FZ) (see text in the previous edition)

50.3. Important Let's go in order. The chairman is actually elected by the board. He is the chairman of the board. And the board had to elect the general meeting. Illegally spent money can be reclaimed. A corresponding claim must be filed. Or separately. Or as part of a criminal case that needs to be initiated.

I wrote to the judge asking that they deduct from me not 50% of my pension, but less, I pay half of my pension for the apartment, will they deduct the other half? So how to formulate the question?))) Thank you for your attention.

13.1. Good afternoon To answer your question about the legality of the court’s refusal to accept a counterclaim, you need to understand what demands you made.

The court decision You have the right to appeal or raise objections regarding the execution of the court order (if the court issues a court order).

14. Member of a garage cooperative, I own 2 garages in two tiers (one above the other).

What is the correct way to pay membership fees for 2 garages or for one?

14.1. Hello, Galina. Pay attention to the GSK Charter, which outlines the categories of garages.

Irkutsk! When deciding this issue, you need to understand that in accordance with the Law “On Cooperation of the Russian Federation”: - The garage in the GSK is cooperative property. Therefore, the Decision: - on the exclusion of the garage owner from the members of the GSK; — the seizure of the owner’s garage must be decided by the GSK Board.

Good luck to you Vladimir Nikolaevich

Ufa November 21, 2018

49. My husband and I paid entrance fees when purchasing a garage. In the membership book, the garage is registered under the husband's name. After his death (2 years have already passed), I decided to transfer the garage to myself.

The chairman said that I had to pay the same fees again, and he would transfer it to me. Tell me, how legal is this? Why should I pay twice for the same thing? (Garage not owned).

Thank you. Oksana.

49.1. Hello.

Unfortunately, the chairman is right.

50.

Unless otherwise established by law, the limitation period begins from the day when the person learned or should have learned about the violation of his right and who is the proper defendant in the claim for the protection of this right. (Article 200 of the Civil Code of the Russian Federation) That is, there is very little chance of resolving the issue through the court. You can contact the law enforcement authorities with a request to conduct an inspection against the chairman of the cooperative.

An audit of the financial and economic activities of the cooperative would be useful.

Civil Code of the Russian Federation Article 181. Limitation periods for invalid transactions

Source: https://rconsul.ru/garazh-i-zemlya-v-sobstvennosti-nuzhno-li-platit-chlenskie-vznosy