The summer house constitution, which entered into force at the beginning of the current year, does not set hard time limits for amending the charter of the SNT. This means that the constituent documents can be adjusted in 2020 and subsequent years. However, some partnerships have already made the necessary amendments and tested the effect of the new law. For those who are still on the path to transformation, experts recommend not delaying the transition to a new legal status.
One document for everyone
For 60 million Russian summer residents, the new 2019 year began with the introduction of a whole set of new rules governing the rules and legal relations regarding summer associations. The initiative to create a fundamentally new "country constitution", adapted to modern realities, belonged to the head of state. A large-scale work was done by the State Duma on behalf of the president, the result of which was a bill on gardening by the Russians. The “summer revolution” project successfully passed all the readings in the 2017 session. In July of that year, Vladimir Putin signed into law No. 217-FZ of July 29, 2017, with a delay of its entry into force until January 1, 2019.
The temporary margin of 1.5 years was provided by the head of state for country associations not by chance. During this time, every gardener who wishes could get acquainted with the text of the law and understand the essence of future changes. It was also assumed that such a period of time would be sufficient for managers of partnerships to bring all the documentation in accordance with 217-FZ.
The essence of the changes is as follows: from January 1, 2019, all previously existing forms of garden associations are canceled and replaced by two:
- Garden Nonprofit Partnership (SNT);
- gardening non-profit partnership (ONT).
The difference between the first and second type of association is significant. In gardening partnerships it is allowed to erect capital structures. For example, a house for year-round use (with the right to register), a garage or a bathhouse. In ONT, on the contrary, it is forbidden to start construction of residential buildings, even if it is a summer version of construction. In garden plots, it is allowed to build a small shed for storing tools or crops. The main purpose of the garden is to grow vegetables, fruits, flowers.
The Ministry of Economic Development explains that the new law aims to simplify life for land owners, so Russians have no reason to worry. According to economists, not all mechanisms provided for by the Federal Law have been debugged yet, but by 2020 they will be fully operational. For landowners, the SNT law will only facilitate the process of processing any documents, transactions, etc.
Instead of confusing wordings, all landowners now become either gardeners or gardeners, with all the rights and obligations arising from this.
Important changes
To bring constituent documents in accordance with the law of 29.2017 No. 217-FZ is the first thing that all gardeners and gardeners need to do. The text of the law clearly stipulates which items must be prescribed in the new charters of partnerships. It is noted that the essence of innovations for SNT and ONT in terms of the charter is one and the same.
The text of each charter should contain information:
- partnership in one form or another and name (for example, ONT “Hope 2”);
- legal address;
- partnership formation goals (possibly entrepreneurship);
- rights, obligations, responsibility of the association members;
- norms for the formation of the audit team;
- rules for admission, withdrawal and exclusion from the partnership.
In addition, in order to avoid disputes and litigation, lawyers recommend that the charter documents describe the procedure in detail:
- charter changes;
- reorganization and liquidation of the partnership;
- acquisition and creation of public property;
- providing and familiarizing participants in SNT or ONT with financial statements and activities as a legal entity.
Lawyers clarify that changes to the charter are inevitable, even if the partnership has not actually changed its form of ownership. Statutory documents drawn up many years ago are especially in need of correction.
Expectation and reality
The good news for many gardeners was the latest changes in the management structure of partnerships. Since the new year, the general meeting is the main collegial body that makes decisions on all issues of vital activities of the SNT. Gardeners are especially pleased with the fact that the chairman is now elected only by the general meeting of ordinary citizens. Election by the board from its composition, as in previous years, is no longer allowed. The new law also prohibits chairpersons from certifying power of attorney.
Of particular concern to the population was the change in the payment of contributions - now this needs to be done only in a non-cash way. In practice, everything was not so scary. In partnerships where special settlement accounts have already been opened, payment is made on printed receipts at any savings bank. Both young people and older people can easily cope with this. But with such a settlement system, each member of the association can get acquainted with the balance sheet of their “garden”.
Global changes have not affected the scope of land privatization. It still remains free until December 31, 2020. All summer residents who use the plots, having in their hands only a gardener's book or a state act on the allocation of land, can register them as property. A land auction will be avoided even if information on these lands is not in the state register.
Another positive moment of the summer revolution is noted by gardeners - from January 1, 2019, garden houses can be considered residential. To do this, write a statement and submit it to the district administration. With a positive decision in such a house, it will be possible to arrange a permanent registration.
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