The main innovation from 2019 is that absolutely all owners of suburban areas will be required to pay contributions, and equal ones (even if some of the services are not needed - partial payment is not allowed, i.e. we pay everything or nothing... but only if do not use any of the “services”). These mandatory payments will be spent on the maintenance and upkeep of common property, just like payments from participants in non-profit partnerships. Previously, dacha owners entered into agreements with partnerships only for those services that they needed. They might not pay for services they didn't use, such as road maintenance. Summer residents who did not have personal transport did not use the roads and did not need such a service as road maintenance. Personal owners of plots who are not members of partnerships must make mandatory payments in the same way as members of partnerships. If these citizens refuse to pay mandatory contributions, they will be legally required through the courts.
The amount of the mandatory contribution is determined in the Charter of the partnership (gardening or gardening). The newly adopted law allows the partnership to independently decide the amount of these payments: equal for all members or proportional to the volume of use of common property, ... which is broken down by area of the site or building. (Oleg Valenchuk, Chairman of the Union of Gardeners of Russia)
The new law defines and enshrines the procedure for making a decision on the general principles and amount of mandatory contributions at a general meeting of land owners. This provision has been changed in the new law; plot owners (even if they are not members of the partnership) take part in voting in the same way as members of the gardening partnership.
The decision adopted by the meeting is considered legal if it was attended by 50% of all members of the partnership plus one person (member of the partnership). The mixed form of participation in general meetings is now legal (absentee voting is also considered legal) - the norm of the law was explained by Trishina Polina (Deputy Chairman of the Moscow Union of Gardeners).
CONCLUSIONS for members of SNT "MIR":
The amount of payments to SNT members and gardeners who left the SNT should be equal, as well as equal rights and volumes of use of public property and provision of services
The amount of payment depends primarily on the volume of use of public property or is equal for everyone (other options are not provided for by law).
For SNT MIR in 2018 the situation is exactly the opposite:
Electrical power was distributed to everyone in equal quantities, regardless of the area of the plot, and payment was taken in proportion to the area.
For plots using public property (public land) - payment is not adjusted (equal).
What to do?
1. The easiest thing is to equalize everyone’s pay... but this is not entirely fair, but it is legal.
2. strictly follow the law “according to the volume of use of public property” - the path is complicated, pay by hundred square meters (actual, not hypothetical), distribute electricity in proportion to the actual area (rounded to the nearest kW), in addition, for plots using land public use, introduce additional payment.
First of all, this measure will allow us to comply with the law, increase revenues to the SNT budget without increasing prices, and force us to register public lands as personal property.
What is needed for this?
1. make a decision at the general meeting of SNT which way we are going
2. along 2 paths... have data on the geodesy of all sections
Deadline - 31/12/2018 , if realistically - until the end of the summer season.
IMHO: calculation of the approximate amount per 1 hectare of use of public land: the full amount of costs according to the estimate (IMHO: exclude electricity costs - transformer idling, repairs and maintenance of electrical facilities) divided by the area of public land and multiplied by the occupied area (rounded within reason) ... Roughly - double the payment rate for the plot, i.e. additional amount... almost equal to payment for membership fees for 1 hundred square meters (i.e. 6 hundred parts + 2 hundred parts of public land = 8*130 + 2*130, if the same, or rather 6*130 + 2*2*130...) - requires clarification, but the order is correct (but everyone can be wrong).
FINES
SNT has no right to impose any fines on anyone. All payments are provided for by the SNT Charter or the general meeting, but not fines. Fines can be collected only on the basis of protocols for administrative offenses, but according to the law, SNT are not given the right to draw them up.
In other words: a gardener can be subject to penalties in the form of a fine only in accordance with administrative legislation and by officials whose circle is determined by the Code of Administrative Violations. The legislation does not define any other procedure for imposing a fine and SNT is not granted the right to collect a fine. If a fine is imposed, you must contact the prosecutor's office or the police.
Basis: Code of the Russian Federation on Administrative Offences.
PENIES
The amount is determined by agreement or general meeting, however, in the event of litigation, the amount of unreasonably inflated penalties, as a rule... is reduced to 1/300 of the refinancing rate for each day of delay from the amount not paid on time (starting from the next day after the expiration of the deadline for fulfilling the obligation to agreement), i.e. per month 7.5/300*30=0.75% (March 2018), not 1% per day.
CHARTER OF SNT
Making changes to the charter is a voluntary matter, but from the date of entry into force of the law, the provisions of this Federal Law on horticultural non-profit partnerships, i.e. The Charter is valid insofar as it does not contradict Federal Law-217. The Charter needs to be changed if SNT is going to conduct litigation, as an option - to make an addition that will actually change the entire Charter.
INFORMING: by mail, if you have an email address in the form of an electronic message; on the partnership website; on the SNT information board
Tired of the garbage heaps that grow every summer near dacha associations, the Moscow region authorities have developed a “Regional standard for the maintenance and improvement of the territories of horticultural, gardening and dacha associations.” This is the only set of rules in the country, the violation of which will be fined, and will come into effect in the next summer season.
When the law is written
“The activities of SNT are regulated by 35 regulations - laws and decrees of the federal and regional governments,” says Nikita Chaplin, deputy chairman of the Moscow Regional Duma, who is also the chairman of the Union of Summer Residents of the Moscow Region. “We decided to bring all the norms into a single document.” The chairmen of several gardening associations approached the authorities with a request for this. This year, a new regional law on landscaping came into force in the region, which has already collected almost 4 million rubles in fines from the owners of 6 acres, and there are still a good three months before the end of the summer season! So in the Moscow region we decided to convey to each of the 11 thousand SNT a list of legal requirements, observing which you can not be afraid of fines.
“We didn’t come up with anything new; the standards set out the rules for maintaining objects whose condition causes the most complaints from State Technical Supervision Inspectorate inspectors,” says Tatyana Vitusheva, head of the regional supervisory agency. Summer residents, according to her, are prepared for innovations: all spring, representatives of the State Technical Supervision Service traveled around the SNT with lectures on upcoming standards.
How much does it cost to break?
The standards state: SNT begins with a sign. A sign with the name of the partnership should be installed at the entrance to it so that emergency vehicles can easily find the right sign. For the absence of a sign, SNT is fined 40 thousand rubles. The absence of an information board with the partnership scheme, emergency telephone numbers and the mobile number of the SNT chairman costs the same amount.
The entrance to the territory must be equipped with a gate or barrier. Is there neither one nor the other? The partnership will have to fork out 50 thousand rubles, and its chairman, as an official, 4 thousand. A summer resident caught at the moment of damage to a barrier or gate will pay 2 thousand rubles. The same fines are imposed for the absence or damage of the fence around the SNT, which, according to standards, can now not exceed 2 meters. 10% of non-working street lights is also a reason for fines. For this, SNT is fined 40 thousand rubles.
Roads inside the partnership must be hard-surfaced, or, at worst, made of crushed stone. And this is one of the few rules of improvement standards for violation of which there is no fine. Inside SNT, gardeners do everything at their own expense, and not every partnership can handle the asphalt road.
The largest fines are imposed for the biggest problem of any dacha - for litter. Each SNT is obliged to enter into an agreement with a contractor for waste removal and to equip a site for garbage containers. If summer residents who have not joined the SNT live on the territory of the partnership, each of them is obliged to conclude such an agreement independently. For violating these rules, SNT is fined 500 thousand rubles, the chairman - 50 thousand, and single summer residents - 5 thousand rubles. Don't want to pay for removal and decide to burn the garbage on your site? This also costs 5 thousand. According to the new standards, only leaves and grass can be burned in the plots. Other combustion products poison the lives of your neighbors.
By the way, about the neighbors: now you will have to coordinate with them the presence of your smaller brothers. Specifically, bees and pigs. Pigs placed without the consent of the hive board or introduced without the consent of the hive are assessed at a fine of 3-5 thousand rubles. Neighborhood interests should also be taken into account when building a toilet on your site. There must be at least 12 meters from it to the neighboring house. You cannot place a toilet closer than 8 meters to a well. There are no fines for this, but if a neighbor considers that your bathroom prevents him from properly contemplating nature, it can be demolished in court as an object that violates landscaping standards.
And one last thing. You can leave your property on the common territory of SNT for no more than a week. Otherwise, you will have to pay a fine of 3 to 5 thousand rubles. It will cost the same amount to wash a car or repair it on common land.
Forewarned means saved
So that the next summer season does not “eat up” the entire budget of gardeners with fines, the State Technical Supervision Service promises to punish those guilty of violating landscaping standards with warnings the first time. And they can only be fined for non-compliance. “But we will seriously check the implementation of our instructions,” warns Tatyana Vitusheva. Inspectors, of course, are unlikely to catch a summer resident breaking a barrier or repairing a car in the middle of the street in the same place for the second time. But trash heaps, unapproved hives and holes in fences will not escape their attention. In addition, the supervisory agency employs drones with cameras, images from which are also a legal reason for fines.
There is no fine, but they have the right to disconnect
According to Article 1, Art. 4 and art. 8 of the law
common property - property (including land plots) intended to provide, within the territory of a horticultural, gardening or dacha non-profit association, the needs of members of such a non-profit association for passage, travel, water supply and sewerage, electricity, gas supply, heat supply, security, recreation and other needs (roads, water towers, common gates and fences, boiler rooms, children's and sports grounds, waste collection areas, fire-fighting structures, etc.).
In a horticultural, gardening or dacha non-profit partnership, common use property acquired or created by such a partnership at the expense of targeted contributions is the joint property of its members. General use property acquired or created at the expense of a special fund formed by decision of the general meeting of a horticultural, gardening or dacha non-profit partnership is the property of such a partnership as a legal entity.
That is, the public property of SNT, including infrastructure facilities, are the property of SNT.
Citizens have the right to conduct gardening, gardening or dacha farming on an individual basis.
Citizens engaged in gardening, vegetable gardening or dacha farming individually on the territory of a horticultural, vegetable gardening or dacha non-profit association have the right to use infrastructure facilities and other common property of the horticultural, vegetable gardening or dacha non-profit association for a fee under the terms of agreements concluded with such association in writing form in the manner determined by the general meeting of members of a horticultural, gardening or dacha non-profit association.
In case of failure to pay the fees established by the agreements for the use of infrastructure facilities and other common property of a horticultural, gardening or dacha non-profit association based on a decision of the board of such an association or the general meeting of its members, citizens engaged in gardening, horticulture or dacha farming on an individual basis are deprived of the right to use the facilities infrastructure and other common property of a horticultural, gardening or dacha non-profit association. Non-payments for the use of infrastructure facilities and other common property of a horticultural, gardening or dacha non-profit association are recovered in court.
The standards state: SNT begins with a sign. A sign with the name of the partnership should be installed at the entrance to it so that emergency vehicles can easily find the right sign. For the absence of a sign, SNT is fined 40 thousand rubles. The absence of an information board with the partnership scheme, emergency telephone numbers and the mobile number of the SNT chairman costs the same amount.
The entrance to the territory must be equipped with a gate or barrier. Is there neither one nor the other? The partnership will have to fork out 50 thousand rubles, and its chairman, as an official, 4 thousand. A summer resident caught at the moment of damage to a barrier or gate will pay 2 thousand rubles.
The same fines are imposed for the absence or damage of the fence around the SNT, which, according to standards, can now not exceed 2 meters. 10% of non-working street lights is also a reason for fines. For this, SNT is fined 40 thousand rubles.
Roads inside the partnership must be hard-surfaced, or, at worst, made of crushed stone. And this is one of the few rules of improvement standards for violation of which there is no fine. Inside SNT, gardeners do everything at their own expense, and not every partnership can handle the asphalt road.
The largest fines are imposed for the biggest problem of any dacha - for litter. Each SNT is obliged to enter into an agreement with a contractor for waste removal and to equip a site for garbage containers. If summer residents who have not joined the SNT live on the territory of the partnership, each of them is obliged to conclude such an agreement independently. For violating these rules, SNT is fined 500 thousand rubles, the chairman - 50 thousand, and single summer residents - 5 thousand rubles.
Don't want to pay for removal and decide to burn the garbage on your site? This also costs 5 thousand. According to the new standards, only leaves and grass can be burned in the plots. Other combustion products poison the lives of your neighbors.
By the way, about the neighbors: now you will have to coordinate with them the presence of your smaller brothers. Specifically, bees and pigs. Pigs placed without the consent of the hive board or introduced without the consent of the hive are assessed at a fine of 3-5 thousand rubles. Neighborhood interests should also be taken into account when building a toilet on your site. There must be at least 12 meters from it to the neighboring house. You cannot place a toilet closer than 8 meters to a well. There are no fines for this, but if a neighbor considers that your bathroom prevents him from properly contemplating nature, it can be demolished in court as an object that violates landscaping standards.
And one last thing. You can leave your property on the common territory of SNT for no more than a week. Otherwise, you will have to pay a fine of 3 to 5 thousand rubles. It will cost the same amount to wash a car or repair it on common land.
So that the next summer season does not “eat up” the entire budget of gardeners with fines, the State Technical Supervision Service promises to punish those guilty of violating landscaping standards with warnings the first time. And they can only be fined for non-compliance. “But we will seriously check the implementation of our instructions,” warns Tatyana Vitusheva.
Inspectors, of course, are unlikely to catch a summer resident breaking a barrier or repairing a car in the middle of the street in the same place for the second time. But trash heaps, unapproved hives and holes in fences will not escape their attention. In addition, the supervisory agency employs drones with cameras, images from which are also a legal reason for fines.
Gosadmtekhnadzor sent applications to the court to restrict travel outside the country for 6 residents of the Moscow region. They did not pay fines for violating the regional law on improvement. “To be among those banned from traveling abroad, citizens only need to owe a fine of 10 thousand rubles,” Vitusheva said, adding that her department is currently preparing several more similar applications to the courts.
