A lot of people have garden plots along with apartments. Now, in order to effectively manage the activities of associations of amateur gardeners, Horticultural non-profit partnerships are being organized.
History of SNT. Deciphering the concept
Even in the distant twenties, at the dawn of the formation of the Soviet Union, the term "gardening partnership" appeared in the Civil Code.
Even then, such an association had the status of a legal entity acting as a land user. Its members paid utility bills, handed over contributions for general construction. The plots were allocated small in area, no more than 6-8 acres, while the area of the house should not occupy more than 15% of the size of the allotment.
The new Land Code of 1991 prohibited the use of any territory other than common land for organizing a garden partnership.
According to the instructions of the Federal Law “On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens” issued in 1998, all previously existing associations were reorganized into a new form of legal entity– SNT, the abbreviation of which sounds like “Gardening non-profit partnership.”
CNT organization
A non-profit gardening partnership is a legal entity formed to fulfill a number of goals to assist citizens in using their constitutional rights to gardening, to improve their garden or summer cottages. Territories for the organization of a horticultural non-profit partnership are allocated from the reserve of general-purpose lands. As a main feature, it can be distinguished that, based on the legislation of the Russian Federation, plots allocated from the lands of a special fund for horticulture or horticultural activities can later become the property of members of these garden associations.
Features of SNT as a legal entity
SNT is a legally responsible organization that has its obligations to government agencies.
At the moment, the legislation relating to non-profit horticultural associations is not sufficiently spelled out and rather given into the hands of these associations themselves. Quite often, conflict situations arise due to different interpretations of certain regulations and statutes. Therefore, the members of the SNT, headed by the chairman, must themselves prescribe all the nuances of their horticultural activities, making additional annexes to the existing agreements and provisions.
A non-profit partnership, being a legal entity, enters into various agreements, for example, agreements ongarbage disposal from its territory or for the supply of electricity. Payment for such services is made from the total contributions of each member of the association.
The horticultural partnerships adhere to the principle of "one for all and all for one." If a member of the SNT violated any laws, for example, threw garden waste in the wrong place, then the fine will be paid jointly by the entire partnership. At the same time, the members of these communities are not responsible for third-party obligations of the SNT, and the horticultural association is not responsible for the promises of its members.
Features of SNT budgeting
Based on the name of the SNT, the decoding of which is presented above, it can be understood that this association does not have the right to engage in targeted commercial activities. And then the question arises: "Where do the funds come from to conduct its economic activities?"
A horticultural partnership, being a form of a non-profit association, acquires or creates common property, which is the property of all its members, for earmarked contributions. This property acts as the property of this partnership - a legal entity. The formation of a special fund occurs at the expense of entrance and membership fees, income from economic activities and other funds that can be provided to this partnership from the budget of state and municipal bodies. The money goes to the goals set at general meetings and enshrined in the charter of the partnership.
ProcedureSNT meetings
The rules for holding general meetings of SNT members are established in accordance with current legislative acts, while determining the competence of general meetings, their types or types, listing reasons for extraordinary convocation, forming the agenda and ways of notifying SNT members.
Conducting general meetings can take place in person, when all members of the partnership are present in person, or in absentia, when the decisions of the board are communicated in writing or in another form. In-person annual discussions of estimates of income and expenses, elections of the chairman or members of the board.
Any member of the SNT, who officially owns a site on its territory, can send as many representatives as he likes to the general meeting instead of himself, but only himself or his authorized representative can vote. An incapacitated member of the partnership is represented by his notarized deputies.
Chairman of the SNT
A horticultural non-profit partnership as a whole is a legal entity, therefore, to represent its interests before various structures, a person is selected from the ordinary members of the SNT, who understands all the legal intricacies and is ready to take on all the troubles of organizing and regulating the life of a garden partnership free of charge. It's about the chairman. He is elected by open voting during a general meeting of members of this horticultural association. Usually, they try to nominate an enterprising and responsible person for the chairmanship.
In the spring-summer period, a lot of duties fall on the shoulders of the chairman, taking up considerable time from him, therefore, at the initiative of all the gardeners of this partnership, he can be assigned a small salary. So to say, in the form of gratitude for the hard work. The chairman finds himself, as it were, “between two fires”: on the one hand, it is necessary to ensure that all members of the association obey the general requirements and follow the established procedure, to regulate conflicts that arise between neighbors; on the other hand, at any time he may be asked to report on the work done, the expenditure of common funds, the legitimacy of the decisions made. That is, the chairman is both the boss and the subordinate. If the actions of the head of the SNT do not suit its members, then the question of re-elections is raised at the general vote.
Benefits of buying land from a gardening partnership
Despite some inconvenience associated with the underdevelopment of infrastructure, land in SNT will bring many benefits. Its main advantage is that, in addition to the direct implementation of horticultural activities on it for growing various agricultural crops, its owner has the right to erect a residential building on the territory of the site, which, subject to certain agreed standards, can be registered with the relevant authorities as a place of residence.
Another advantage is that, unlike the construction of a capital structure onlands with a permit for individual housing construction, in this case they do not require a special permit for both the construction and commissioning of a residential building.
Many buyers today make a choice in favor of buying land in SNT. The Moscow region is very expensive in terms of acquiring residential premises. Therefore, in this region, the share of unorganized cottage development on the territory of horticultural and non-profit partnerships accounts for up to 75% of the total suburban market.
Differences between dachas in SNT and a cottage settlement
The main difference between buildings in SNT and houses in a cottage village is the permitted category of land. Agricultural lands are allocated for gardening partnerships, therefore, the villages formed there are classified as lower hierarchies. Although a dacha in SNT, as already mentioned, is a pretty good real estate option.
In cottage settlements located on lands with permitted use for individual housing construction, there are more stringent planning requirements; when building a house, a more voluminous package of documentation and approvals will be required. On the other hand, the development of all the necessary infrastructure is guaranteed here, and there are no problems with the availability of medical care, a postal address, and a district police officer. Also, representatives of law enforcement agencies and the police cannot enter a house built in accordance with the norms of individual housing construction without the appropriate permission, that is, it has immunity.
There are differences inthe form of management of these settlements: in the SNT, the arising working moments are decided collectively, by popular vote. The relatively small mandatory contributions are also a plus. In a cottage settlement, management is provided to a company that requires much more investment, but the range of services provided is much wider.
Inhabitants of the village in SNT are more free to choose the design and materials for building a house, while in the villages of IZhS there are more stringent requirements for both development projects and resources.
Disadvantages of living in SNT
With all the advantages, living on the territory of a garden partnership has some disadvantages:
- Undeveloped infrastructure: only electricity is supplied to the villages, gas is carried out very rarely. Often there are no good shops nearby, as well as kindergartens and schools.
- Good roads are rare on the territory of gardening associations;.
- Quite often there is no sewer network.
If the SNT is old enough, then all roads and communications can be very worn out, and a strong initiative group is required to overcome the inertia of some members of the non-profit partnership in resolving these issues.
Thus, when choosing between a cottage settlement in IZHS or SNT, the decoding of which is based on the word "horticultural" after all, one should take into account all the pros and cons of this association. Especially if it is supposed to be used not only for gardening, but also for permanentresidence.
