Garage and construction cooperatives operate through contributions

Share when joining a garage cooperative: what is it?

By definition , this is a one-time regular or phased contribution of funds for the construction of landscaping repairs and commissioning of the garage. These funds ensure the formation of the GSK and its functioning.

Membership fee

The charter of the cooperative contains complete information regarding these payments, but even the main internal document is based on the current legislative framework and is written exclusively in accordance with it.

The cost of the shares is established through the Meeting of the members of the cooperative, and the main pricing factors are taken into account: the cost of the land on which the buildings will be built, design and engineering works, supply of communications, installation of meters, payment for construction and finishing work, expenses for state registration and other payments provided by law.

The procedure for paying contributions by members of the GSK

Members of the garage and construction cooperative pay fees by transferring funds to the bank card of the chairman of the cooperative.

Is it correct? However, it is unknown whether GSK has a bank account. Current legislation establishes that GSK “has the right” to open a current account with a credit institution.

August 12, 2021, 09:12, question No. 2076220 Evgeniya Krasnikova, Moscow 1200 cost of the issue the issue is resolved Collapse Online legal consultation Response on the site within 15 minutes Lawyers’ answers (3) fee received 33% 2932 answers 1146 reviews Chat Free assessment your situation Lawyer, Mr.

Omsk Free assessment of your situation Hello Evgeniya! It is necessary to read the GSK Charter.

Since the amount and procedure for paying membership fees in accordance with Article 116 of the Civil Code of the Russian Federation is prescribed precisely in the Charter. Perhaps it directly stipulates that membership fees go to the account of the chairman of the cooperative.

In any case, the chairman of the GSK is an official appointed to his position in accordance with the adopted Charter, and if you are a member of the GSK, then ask him personally for clarification and full reporting (preferably in writing) on ​​what legal basis he accepts contributions from members of the cooperative and How does he spend these contributions? Article 116. Consumer cooperative 1. A consumer cooperative is recognized as a voluntary association of citizens and legal entities on the basis of membership in order to satisfy the material and other needs of the participants, carried out through the pooling of property shares by its members.

2. The charter of a consumer cooperative must contain, in addition to the information specified in paragraph 2 of Article 52 of this Code, conditions on the amount of share contributions of members of the cooperative; on the composition and procedure for making share contributions by members of the cooperative and on their responsibility for violating the obligation to make share contributions; on the composition and competence of the management bodies of the cooperative and the procedure for their decision-making, including

Other types of payments

• Application fee – paid by applicants GSK pays office and administrative expenses.
• Targeted contributions are funds that are spent on specific activities or technical and repair work. The amount of payment is established by a meeting of all members of the State Committee or authorized representatives.
• Membership fee is a constant payment that covers the cooperative's expenses for administrative activities, salaries to employees, current expenses, incentives for various commissions and the functioning of the cooperative.
• Additional - charged to cover the organization's loss.

IMPORTANT : usually the statutory provisions spell out all possible financial relationships, including which deposited funds are subject to return and which are not.

Basically, when leaving the cooperation, it is the cost of the share that is returned; other payments may be irrevocable. Read the charter carefully .

Here is a brief example of calculating contributions:

The total cost of business expenses for the whole year is calculated.

Construction work -900t.r.

Installation of security systems – 400t.r.

Cleaning the area 200t.r.

Admin. Costs: 300t.r.

Salaries – 800t.r.

900+400+ 200+300+800= 2.6 million rubles

The amount received is divided by the planned number of automobiles (vehicles) in the cooperative and as a result we get the amount of the annual membership payment for one car space .

Number of seats: 300

Total: 2.6 million/300 seats=8.7 thousand rubles.

8.7 – cost of the annual fee.

If a cooperative has fewer participants than parking spaces, then additional payments may be introduced to cover the loss.

It should be taken into account that the amount of payment per year may vary proportionally depending on the number of shareholders . These details should be taken into account before joining the cooperative.

Calculations and justifications for all payments are established by the initiative group when creating the charter, and amendments are introduced through a council with the participation of all members of the organization. But there may be differences depending on the features of the management of the GSK; they are recorded in the constituent documents.

About innovations

First of all, a number of concepts will be explained, including what a garage complex, a parking garage, a garage (garage box), and a parking space are. The right to these properties will be subject to registration. All this will be registered as real estate.

The concept of common property of owners (CHP), by analogy with the Housing Code, will also be enshrined. It (compulsory medical insurance) will include everything that is in one way or another included in the activity of car storage. For example, corridors, elevators, shafts, equipment, washing rooms, etc., roofs, fences, as well as land, including entrances and approaches to it. The share in the property will be determined by the area of ​​the garage (car space, etc.).

The owner will not be able to allocate and alienate (sell) his share in the common property. And, of course, you will have to pay for the maintenance of common property.

Management of a garage complex (parking lot, etc.) will be similar to an HOA. Owners will be able to hold a general meeting (GM), which will determine the direction of development of garages. The OS will have certain rights and, as usual, responsibilities. The decisions of the meeting can be appealed to the court. Just like HOAs, owners will be able to hire a third-party management organization or create their own.

Is it necessary to make a payment?

When it comes to financial obligations, carefully study all the documents that need to be signed . You are required to pay only those contributions that are specified in the charter or the decision on which was made in the manner specified by it.

Payments that are not documented cannot be mandatory a priori. But if you do not pay the contributions that you have committed to, then the situation provided for by the rules of the GSK may well arise. This may also include exclusion from the cooperative and the imposition of fines and penalties. The management of the cooperative must inform applicants in full about these actions in writing before signing the application for membership.

IMPORTANT : if mandatory contributions are not paid, the person responsible may be expelled and lose the right to use the box.

When the leadership of the Civil Code commits actions contrary to the law and charter, they should contact human rights authorities.

In the event of a fee violation, the chairman shall prepare a written notice to the violating participant. A certain procedure for repaying overdue debts is established, and if the money never reaches the association’s accounts, an application to the court is prepared and the debts are reimbursed legally .

Purpose

Share contribution - when it is paid in full, it becomes possible to enter into the ownership of the building or part of it; in essence, the property is redeemed. The remaining payments go to ensure the functioning of the GSK, its maintenance of safety and improvement. Financial obligations also include payment of utilities and other government payments (taxes, for example).

IMPORTANT : when paying fees, strictly follow the prescribed procedures, carefully check the purpose of payments and save all payment receipts! Do not deposit funds without documentary evidence.

When studying the charter of a cooperative, you should remember that there are a number of legal acts that regulate the activities of organizations of this kind. At the moment, consumer cooperatives are subject to Article 123.2 of the Civil Code of the Russian Federation. Read the laws carefully for your peace of mind .

Material and monetary resources, all administrative and economic activities of the group of companies are necessarily subject to inspections by a special body - the audit commission, which monitors all the details of the functioning of the cooperative. And in case of controversial situations, it is the information provided by the auditors that will help to understand controversial situations.

To avoid disputes related to payment of fees, we recommend that you save all documents and receipts.

Purchasing a GARAGE in GSK without ownership documents, HELP NEEDED!

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