When purchasing land for the purposes of gardening and horticulture, many citizens join special organizations. They are created to assist citizens in matters of farming. One of these unifying organizations is SNT - a gardening non-profit partnership.
Issues related to the regulation of SNT activities are regulated by legislative norms. Despite this, citizens are not always aware of how to correctly carry out this or that procedure. In particular, many questions concern exit from SNT in 2020. We will tell you what the procedure is, what the pros and cons are, and how the registration process takes place.
Possible consequences of leaving SNT
The decision to join SNT membership or not is made voluntarily. This is a personal matter for each landowner. No one can force you to join - this rule is regulated by law.
If a landowner entered into a partnership, and after some time decided to leave it, then no one has the right to detain 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 this there are no serious difficulties.
You can initiate withdrawal from the partnership by submitting an application. It is compiled in free form and transferred to the management of SNT. The application can be submitted in person or sent by mail.
Once the application is accepted, the following consequences occur:
- an agreement is signed with the withdrawing participant, which regulates further relations between the parties;
- payment of membership fees stops;
- 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 selected to the management.
You can leave the partnership at any time. In this sense, the participant is not limited.
Forced termination of membership
Despite the voluntary nature of membership, situations are identified in which termination of participation in the SNT may become a forced procedure.
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Notice! The following cases include:
- failure by a participant to comply with the rules established by the Charter of the partnership,
- the participant used the land inappropriately and did not eliminate the factors contributing to this,
- violations by a member of the SNT are regular and intentional,
- if a person was required to eliminate deficiencies, but he did not comply with the specified order.
There may also be other reasons for exclusion from the SNT, if they affect the interests of other participants.
The procedure for leaving SNT
The process of leaving SNT in 2021 does not have any particular legal difficulties. A person who decides to leave the partnership must adhere to the following algorithm:
- Write a statement in any form. The application is written in two copies addressed to the chairman of the partnership. One copy is transferred to the partnership, the second remains with the applicant.
- Place a mark on your copy indicating that the application has been accepted. The authorized person must indicate the date of acceptance and provide a personal signature.
That's it, you don't need to do anything else. When leaving the SNT, there is no need to convene a general meeting of members or wait for the decision of the chairman.
There are cases when leaving the ranks of a gardening partnership was forced. This is possible when:
- the participant deliberately and systematically violated 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 detected on the part of a member of the SNT, a decision is made to expel him. Such a procedure (as well as voluntary exit) is prescribed in the charter of the partnership. The date of termination of SNT membership is the day the application is submitted.
How to get out?
When citizens study the 66th law and other regulatory legal acts in the field of horticultural plots, they often cannot find specific information about leaving the SNT members.
In such situations, it is necessary to better consider the lawyers’ answers and be sure to verify the legality of their statements, the relevance of the arguments and the current legislative framework.
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So, for example, a member of SNT, who received a dacha plot as an heiress along with membership in the association, asks the question - how to leave the partnership? There are no facilities on its site, and it is necessary to regularly pay high fees, which, according to the reports of the board, are spent on the maintenance of communications, technical and sanitary-hygienic arrangement of the area.
- it is necessary to draw up a notice addressed to the chairman of the SNT in two copies;
- the notification has a free form and is formatted according to standard business style rules - a “header” on the right, the word “statement” in the middle, the text of the notification itself, a signature with a transcript and the date;
- the text expresses a desire to leave the membership of SNT, indicating the date of withdrawal; also in this particular case, you can and should request a copy of the draft agreement on the use of SNT property - communications, equipment, roads, etc.;
- two copies are written in order to keep the second one with a note about the receipt of the document at the secretariat of the board.
How to notify if board employees do not accept the notification:
- send a copy of the paper to the postal address of the office of the board of the gardening non-profit partnership via registered mail;
- or visit a notary office and issue a certified notification; The notary will send the letter, he will confirm the sending of the document and its return - in case the board does not want to receive the letter.
After these actions, the citizen will have in his hands documents confirming the attempt to notify the SNT authorities about his resignation from membership - a copy of the notification with a mark on the acceptance of the document and the date (if the application was accepted) or postal notices with stamps about the return of the letter and its non-receipt by the addressee, and also a notification to the notary if the citizen used his services.
From the date specified in the notification, the citizen ceases to be a member of the SNT. Other participants in the partnership have no right to present any claims or obligations to him.
Consequences
As for SNT property, utility networks, roads and other benefits, a gardener who has left membership can use them under an agreement on the procedure for using these objects and property.
Therefore, when leaving the partnership, you should request a draft agreement, study it and, if it meets the requirements and capabilities of the owner, conclude a private agreement with SNT for the use of these objects.
After the conclusion of such a transaction, the remaining members of the partnership will not be able to interfere with the use of SNT property by a citizen.
In case of disputes, it is necessary to rely on Federal Law 66 of 1998, and from 2021 its new version - Law 217, adopted in 2021 on July 29.
Termination of obligation to pay contributions
After leaving the SNT, any obligations of a material or multilateral nature cease. Regular payment of contributions is abolished. Instead, the land user will pay the payments established in the concluded agreement.
Timely payment of payments under the contract is the responsibility of the landowner. If this condition is ignored, the contract may be terminated and funds may be recovered in court. In addition, the partnership may limit access to property assets, and penalties will be charged on the amount of debt.
Be extremely careful. There are cases when membership fees were paid in advance for a year in advance. If the landowner leaves the SNT, the partnership has the right not to return contributions already paid. However, such funds paid in advance are returned.
For example, if a citizen submitted an application for retirement 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 does the exit procedure look like?
The procedure for leaving the SNT is strictly regulated by special legislation. If the procedure is not followed, the exit may be canceled and payments will be assessed for missed payment deadlines.
Let's look at what you need to consider when terminating an agreement with an association.
So, the procedure essentially consists of two main stages:
- A statement of withdrawal is drawn up in two copies, the first of which remains in hand, and the second is handed over to the manager of the partnership.
- Receive a mark on your copy about the date of submission of the document and the authorized person who accepted it.
In fact, the gardener does not even need to wait for a meeting to be held and a decision to exclude him is made . You can do this only for your own peace of mind, to understand that the procedure is completed.
Many people wonder how to write a letter of resignation? This is not difficult to do; it does not require specific knowledge and skills. The main thing is that the document contains a request for withdrawal and the conclusion of an individual agreement, a calculation of the share is made and all contributions made and the amount of debt are reconciled.
A gardener can be forcibly excluded from the association only if he does not pay fees for 2 months or more.
SNT also has its own charter, which may indicate a more precise period of non-payment, after which the procedure for expelling a member is initiated.
If a gardener dies, as a rule, SNT does not receive any information about the death of a citizen . Then his withdrawal from the membership occurs by expelling his candidacy at the meeting, provided that he has stopped paying monthly dues.
When the issue of expulsion of a member is decided at a meeting, notice of such a meeting must be sent to him. An extract from the protocol on exclusion is similarly sent to the gardener after a decision is made at the meeting.
The comrade is not immediately expelled from the SNT; first he is given the right to reform and pay off his debts. Only after such notice is ignored will a meeting be organized to expel the member.
Land ownership does not affect the exit procedure. How to get out of SNT if you own the land? If ownership is not lost, exit is carried out voluntarily through an application.
What will happen to the land plot and share in common property?
The right to use the land plot is not lost in case of withdrawal from the partnership. In addition, often the lands included in the SNT are owned. It is almost impossible to deprive someone of their property rights even through the courts.
If the site is not registered as a property, the situation is resolved through an agreement with the board on the procedure for further land use. They have no right to refuse this.
SNT quite often practices 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 I take my share when leaving the partnership? You can receive 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 procedure is not specified, the parties negotiate individually.
No longer summer residents
The fact is that, according to the federal law on gardening and vegetable gardening partnerships, the general meeting of members of the association is the highest governing body for summer residents. The most important issues are resolved there, including monetary ones - about membership fees and spending on solving general problems.
And if the gardener does not agree with any decision of the general meeting, then it is quite possible to ask the court to check the correctness of holding a general meeting of the partnership that is, in the citizen’s opinion, dubious. And the Supreme Court showed what needs to be checked when filing such claims.
Thus, one citizen from among gardeners went to court with a lawsuit in which she asked to invalidate the decision of the general meeting of members of her dacha association.
According to the law on gardening and dacha associations, the general meeting is valid if more than half of the members are present.
The gardener himself can participate in the meeting either personally or through a representative.
When the court met on the summer resident’s claim, the following became clear. The plaintiff has been a member of the association for ten years. According to the list of members of the partnership, there are 399 people.
This means that according to the law, at least 201 people had to be present at the meeting.
Judging by the minutes, there were 180 people at the meeting. Even in the district court, it turned out that the summer resident, like many other members of this gardening partnership, was not properly notified about the future meeting.
Another important point that the court noticed was that there were many issues on the agenda, but for some reason the voting results for each of these issues were not indicated.
This is a procedural violation, the court emphasized, and it is unacceptable when drawing up the protocol.
If you read the protocol, it says that all decisions were made unanimously. But if you look at the ballot papers, the picture turns out to be different - several people abstained from voting, several voted against on three issues.
The complete discrepancy between the minutes of the general meeting and what happened in reality was also confirmed by the fact that the minutes record that one person was elected chairman, but in reality another became the leader.
When the court reviewed the ballots, it saw that two dozen ballots had erasures, corrections and other inconsistencies that gave reason to consider them invalid.
The court agreed with the plaintiff and declared the general meeting of the gardening partnership invalid.
The Supreme Court of the Russian Federation analyzed all claims related to such recognition of general meetings of gardeners and gardeners as invalid.
The court said that in the country, by and large, courts dispose of such cases correctly. They check compliance with the law and the charter of the partnership in the appointment of managers and the convening of general meetings to accept new members, check how the quorum was observed, and whether the voting procedure was correct.
But the Supreme Court of the Russian Federation emphasized that in such situations one must remember the law. The fact is that two years ago the Civil Code was amended and supplemented.
We are talking about the deadlines for appealing. So, the decision of the meeting of gardeners and gardeners can be challenged in court within six months from the day when the citizen, whose rights were violated by the decision of the meeting, learned about such a violation of his rights.
But a citizen can complain no later than within two years, when information about the decision of the general meeting became publicly available.
But if the absolute majority of courts across the country correctly examine claims to recognize general meetings of summer residents as valid or not, then with the exclusion of negligent gardeners from members of the community, the picture is exactly the opposite.
So far, the courts have not developed general criteria for such, frankly, scandalous issue. Some believe that it is possible to expel a member of the partnership, others doubt how this can be done, because a citizen has land, so it turns out that it can be taken away?
In this regard, the Supreme Court stated the following. A citizen may be expelled from the membership of a dacha association, as well as deprived of the right to permanent and indefinite use of a land plot for deliberate and systematic violations of land legislation.
This extreme step is possible under the condition of “improper use of the site after the imposition of an administrative penalty in the form of a fine.”
The Supreme Court recalled that according to the law on gardening partnerships, the association's charter must specify the grounds and procedure for expulsion from members.
The court specifically emphasized that it must be taken into account that membership in gardening partnerships and a citizen’s rights to a land plot are not considered as a single and indivisible set of rights.
The law allows the ownership of land in a garden partnership by a citizen who is not a member of this association.
Since there is no common view in the country on “dismissal” from a dacha association, the Supreme Court emphasizes that the position of the courts, which believe that a citizen can be excluded from the membership of the partnership and deprived of the right to use the land if he regularly and deliberately violates land legislation, can be called correct.
At the same time, the violator was repeatedly pointed out about his illegal actions, but he did not draw any conclusions.
And if the stage of punishing all this with a fine has already passed and has not brought any changes.
How to deprive a trespasser of land? The court recalled that there is a Law “On the Entry into Force of the Land Code of the Russian Federation” and amendments to it.
It spells out the grounds and procedure for the forced termination of the right to use land. But only the court can do this.
How to fill out an application for leaving SNT
The application is written in any form. There is no set pattern. The document can be handwritten or printed.
The text of the application must contain:
- the “header”, which indicates to whom and from whom the application is being written, is located in the upper right corner;
- the name of the document “Application” is written in the middle;
- the text of the application itself indicates a request to be excluded from membership of the partnership;
- At the end, the review period is stated - one month;
- date and signature.
The application is drawn up in two copies. The applicant's copy must be marked with an acceptance mark.
