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.
Not like everyone else
This is the position of some members of the cooperative - to leave it. What motivates these cooperative members? Of course, don't pay money. These people don't want to pay.
But this story happened in our cooperative. One friend bought a garage from our garage cooperative. And he immediately declared that he would not pay anything to the cooperative. No fees. I own the garage, but I don’t know you all. Although the cooperative is guarded by guards, in winter money is spent on clearing the territory of snow and year-round night lighting. Of course, you have to pay for all this.
But this comrade went even further. He built, or rather, added a second floor. And he did it very carefully. But, as it turned out, he did it in vain. Because the management of the cooperative was outraged by his behavior, they did not allow him to use the add-on. There was a trial. And the court's decision was to remove the second floor.
What was done. From the outside looking in, it was a pity for the person’s wasted effort, time and money. But on the other hand, you live in society - you need to be able to talk with people, and not behave so shamelessly. Now the garage owner will also have to pay for the demolition of the superstructure.
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.
Management often acts in a cunning way: the land under the garages is not registered as personal property, but only for rent, thanks to which it is possible to keep all members on a short leash.
A reasonable exit from the GSK at your own request requires a thorough preliminary study of the main document according to which the procedures are carried out - the GSK Charter.
Another important nuance is the stage of payment of the share. To minimize financial losses, it is worth paying share contributions to the cooperative before leaving.
Upon completion of the payment of the share, it is necessary to register ownership of the box, and only after you have a certificate of ownership in hand, begin to take any actions.
How can I terminate my membership if I own the box?
The owner can terminate membership in the cooperative if he transfers ownership rights to another citizen - for example, by selling or donating this property.
In this case, the former owner sends an application to the chairman of the GSK about leaving, and the new owner - about joining the cooperative.
Thus, in fact, there is a change of owner and member of the GSK if the general meeting votes to satisfy the requests.
Filling out an application to leave the cooperative
This document is submitted to the Chairman of the State Committee or addressed to the Board. An application is drawn up in the usual free form. In the header at the top right, indicate the name of the addressee, for example, to the Board of the GSK such and such, below - the full name of the applicant, passport details, address, contact numbers for communication.
Below in the center is the name - a statement, with a paragraph stating the request: I ask you to exclude such and such from the members of the GSK in connection with the sale (indicate the date of execution of the purchase and sale agreement) of a property share belonging to me in the form of a garage box (indicate the number) to citizen such and such .
Next, on a new line, clarify that there are no debts on contributions, there are no claims against GSK. A copy of the purchase and sale agreement is attached. Below you should put the date, write your full name and sign.
Below is an example document:
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 a general vote, 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.
The GSK charter should always contain specified conditions for forced deprivation of membership, including the resolution of possible property and financial issues.
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.
Leaving and expulsion from the community
Membership in the GSK can be terminated by a voluntary decision of a citizen, as a result of his exclusion from the members of the cooperative, due to the death of a shareholder (then his heirs become members of the association) or due to the termination of the activities of the GSK. It is also possible for the owner’s right to the property located in the complex to be terminated due to its alienation, which is provided for by the legislation of the Russian Federation.
To leave the shareholders of a garage-building cooperative on a voluntary basis, you need to:
- Submit an application in which you write about your intentions to leave the cooperative. This must be done two weeks before the expected withdrawal from the association.
- Along with the application, provide copies of your passport and receipts for the last five years confirming the fact of payment of utility bills. A garage cooperative membership card is also provided.
The reasons for leaving shareholders can be various life situations (pictured):
After 14 days, the citizen must be notified in writing of the GSK’s consent to the shareholder’s withdrawal from its membership.
Important! Leaving the cooperative membership does not exempt the citizen from paying for the maintenance of the property at his disposal, for which it is necessary to conclude an agreement with the GSK or service organizations and pay for the necessary services. . The reasons for the forced exclusion of a citizen from the ranks of shareholders may be:
The reasons for the forced exclusion of a citizen from the ranks of shareholders may be:
- Systematic failure to make contributions.
- Violation of resolutions of the governing body and provisions of the Charter.
- Violation of the rules for maintaining the object.
- Damage to GSK property and harm to its reputation.
The initiator of the expulsion of a citizen is the board. This decision is made at the general meeting.
The motivation part is approved, which contains the argument for the need to exclude the shareholder, and is handed over to the citizen against receipt. He must provide an explanation within seven days. After this, a resolution is passed, which is signed by the chairman and secretary of the board.
Information about the exclusion is sent to the citizen in the form of a registered letter or handed over against signature. The excluded shareholder has the opportunity to appeal this decision in court.
During the year, a citizen who withdraws from being a shareholder must repay the resulting arrears in contributions. Within two to six months (depending on the period established in the Charter) after the end of the reporting financial year, he is required to return the paid share contributions.
Important! If the share contributions were not paid in full, or the shareholder did not have time to register ownership of the garage after full payment, the ownership of the box remains with GSK. Therefore, it is recommended that before leaving the cooperative, you pay off the share and register ownership of the property with the EIRC, since the issue price is quite high.
The main advantage of creating a GSK is the ownership of a member of a garage construction cooperative in the form of a separate, guarded box. This form of association of citizens makes it possible to quite simply solve the pressing issue of storing personal vehicles.
The article was written based on materials from the sites: pravoved.ru, vseprogarazh.ru, 1kvartirka.ru, zakon.ru, 1pogarazham.ru.
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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.
Art. 123.2 of the Civil Code of the Russian Federation.
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.
Next, on a new line, information about the absence of debts and claims against GSK is indicated. Attached is a copy of the purchase and sale agreement.
Even lower, the full name is indicated, the date and signature are placed.
Consequences of leaving
The consequences depend on whether the citizen leaves the cooperative independently or forcibly. In the first case, citizens face the following negative results:
- forced conclusion of an agreement for the provision of services through the court, for example, if garages are guarded by a watchman, snow is regularly removed or lighting is available;
- annual payment of property tax, as the citizen becomes the owner;
- cessation of services, so the owner will have to independently take care of his property, protecting and repairing it.
Warning
If a citizen is forcibly expelled from the Civil Code, he can appeal directly to the members of the association or file a lawsuit in court. If a person agrees with this decision, then the previously paid share is returned to him, minus the debt and fines.
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.
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.
When the relationships and procedures established by the GSK Board do not suit many people, then it is worth thinking about changing the leaders to more efficient and energetic ones, capable of setting everything up.
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.
