For a huge number of Russian families, working in their own garden or garden is their favorite form of leisure. The status of a summer resident gardener unites many people who have managed to turn work into leisure. Those in Russia are about half of the total adult population, especially in large cities. Without a doubt, Moscow and St. Petersburg are in the lead, surrounded by an endless array of summer cottages.
On the modern map, you can count about eighty thousand gardening associations. These include dacha, horticultural and horticultural non-profit associations. The lands occupied by them bring about half of the berries and fruits, about a quarter of all vegetables and a fifth of potatoes grown in Russia.
Dachnik or gardener?
The differences between gardeners, gardeners and summer residents are spelled out in the Federal Law of 15.04.1998 No. 66-FZ, which is called "On horticultural, horticultural and dacha non-profit associations." According to him, there are three types of land -country, garden and vegetable gardens. Each plot in a gardening partnership is provided to citizens (or acquired) for a different purpose. Garden, as well as garden ─ to grow crops - vegetables, fruits or berries. Country ─ to relax. But at the same time, summer residents are not forbidden to cultivate the land and grow crops.
A garden plot differs from a garden plot in that its owner has the right to build residential and outbuildings, while the owner of a garden plot does not always.
About suburban buildings
In a residential building built on his own plot, a summer resident has the right to live with permanent registration - unlike a gardener.
Until 1990, on land plots with garden status, it was allowed to build buildings no higher than one floor and no more than strictly standardized sizes, which was reflected in the model charter of a gardening partnership. The situation changed only with the beginning of the 90s, when these restrictions were declared unconstitutional.
Gardener Association
According to the law, gardening can be done on an individual basis. But practice shows that it is more profitable and more convenient for land owners to join forces. That is why non-profit organizations are being created on a voluntary basis, with the goal of helping participants solve common issues - economic and social.
SNT - a horticultural non-profit partnership - a classic example of such an organization. It must have at least three participants. A horticultural partnership is required to undergo state registration as a legal entity.
Charter is the basis of everything
The main document for the establishment of a non-profit association is its charter, which is adopted and approved at the general meeting. The charter of a horticultural partnership is developed on the basis of a model provision, taking into account local characteristics and needs.
This non-profit organization is managed by the chairman of the board, whose powers are established by law No. 66-FZ of 04/15/98, as well as the approved charter of the partnership.
About SNT management
The main governing body of the SNT is the general meeting, which elects the board by direct voting. Early re-election of the board members is possible only at the request of its members.
Meetings of meetings of authorized members of the partnership must be drawn up in minutes. Each protocol is signed by the chairman of the horticultural partnership and the secretary of the meeting. The document is sealed with the seal of the organization and is subject to permanent storage.
Who is a member of such an association?
According to the law, a member of a horticultural partnership (non-profit partnership) is any citizen of the Russian Federation over the age of 18 who owns a plot in this partnership.
Land owners have the right to manage on their own territory (if the land is not withdrawn and not limited in circulation) and carry out construction according to their own plan. Being a member of the SNT, such a gardener receives bothadditional rights and obligations.
Obligations and rights of SNT members
The right to be elected to the horticultural board (as well as to elect others) implies the ability to influence decisions regarding the common good. And duties that go hand in hand with rights require gardeners to obey the decisions of the general meeting and its board, use the site only for its intended purpose and protect the land from damage.
The entire list of duties is described in detail by the same law on gardening partnerships No. 66-FZ (Article 19). This legal document regulates all the main issues and moments of the dacha life of Russians in sufficient detail. In its eleven chapters, the forms of housekeeping (gardening, gardening or dacha) are established. The issues of land zoning, the nuances of providing plots for circulation and ownership, as well as issues related to the creation and liquidation of gardening partnerships, their management, the rights and obligations of members and management are considered in detail.
Issues related to horticultural partnerships are also covered in separate chapters of the Town Planning and Land Codes of the Russian Federation, as well as in the Civil and Tax Codes.
About residential buildings on the plots
FZ on horticultural partnerships introduced the term "residential buildings", not previously mentioned in the Housing Code. According to the latter, this type of buildings is not considered an object of housing rights. But in fact, on the lands of gardening associations everywherequite livable houses appeared, sometimes not just comfortable, but truly luxurious.
Even in the early 1990s, attempts were made to give the "garden house" the status of real housing. Federal Law No. 4218-1 of December 24, 1992 gave citizens who have their own buildings in garden or summer cottage plots the right to re-register them as private property as residential buildings. Of course, provided that they comply with the standards for residential premises. But from March 1, 2005, the new Housing Code abolished this privilege.
In 2008, the Constitutional Court of the Russian Federation allowed certain residential garden buildings to be attributed to the housing stock.
The procedure for recognizing one as habitable is quite complicated, and the subjects of the federation themselves regulate the grounds and procedure for recognizing buildings as permanent housing.
Help from the authorities
The state provides gardeners with all possible assistance, primarily by creating transport and social infrastructure. This includes the construction of shops and consumer service points, sports grounds and children's towns on the territories of SNT, assistance in organizing security, etc.
The most important issue for gardeners is transport accessibility. As a rule, local authorities try to provide assistance not only in laying and repairing roads, but also in organizing bus routes, especially on weekends.
Collectivism or individualism?
If there are a certain number of those who prefer individual dachaeconomy, in general, the collective approach prevails. The law provides for members of partnerships the right to voluntarily withdraw with the conclusion of an agreement on the use of roads, engineering networks and other common property. Such agreements provide for the payment of fixed contributions.
Both members of horticultural associations and "free" gardeners are required to pay land tax.
And yet there are few individualists. SNT, like other types of non-profit associations, have proven their effectiveness and ability to adapt to the conditions of the times.
About doing business
The Horticultural Association, as already mentioned, refers to non-profit organizations. That is, in this case, its members are united not for profit, but to satisfy personal needs in agricultural products.
At the same time, the charter of the partnership may provide for the possibility of entrepreneurial activity. At the same time, the profit received should be directed to the development of the organization and assistance to gardeners. Legal entities are not accepted as members of a gardening partnership.
Contributions of participants - types and purpose
The Law on Horticultural Associations explains what types of contributions are available for payment in such partnerships, and how they differ.
Entry fees are the amounts paid by members of a non-profit association for paperwork and organizational expenses.
Membership fees -funds regularly contributed by members of the association for current expenses, for example, for the payment of employees under contracts (watchmen, electricians, etc.).
Targeted contributions - those that are made for the creation or acquisition of property for common use. This includes everything that is intended to provide on the territory of the horticultural partnership the needs of its members in water supply, sanitation, passage and passage, electricity and gas supply, heat, security, etc. These are roads, gates and public fences, water towers, boiler rooms, platforms for garbage, fire fighting facilities, etc.
About taxes
SNT pays property tax for the partnership's land. It is calculated depending on the area of land of gardening associations minus the plots of those members who own them. Such owners pay tax on their own as individuals according to the tax notices of the Federal Tax Service. Land leasers pay tax through horticulture.
Other highlights
At the border of the territory, the gardening partnership should be surrounded by a fence (you can do without a fence with existing natural borders - a river, a ravine).
It is recommended to take out the garbage, in the absence of such an opportunity - to decide on the disposal or disposal in agreement with the sanitary and epidemiological service.
