The literal transcript of SNT is a garden nonprofit partnership. It is created by combining interested citizens to address specific issues regarding gardening.
Each SNT chooses an individual name for itself and is obliged to register its activities in the manner prescribed by applicable law, and only then proceed with its direct activities. Before registering the association, the members of the partnership draw up and approve the statutory documents, elect a chairman. To become a member of the SNT, you must have a land allotment in a particular area. After joining the company, its members must not only participate in meetings, but also pay membership fees, which will help maintain the entire territory in a decent condition for use.
The concept of "site in SNT"
Land in SNT is completely differently understood by the legislator and among the people. Regulatory acts consider the term "land in SNT" as territories that are in common use, roadways, ditches, that is, serviced by contributions and belonging to members of the association on the basis of common joint property.
At the household level, people define the concept of land in the SNT as a piece of land that is owned, and gardening and gardening work is underway.
Features of SNT
The tradition of acquiring land for horticultural needs appeared in the middle of the last century, it was then that a large part of the population acquired dachas. Therefore, looking for a land, it should be understood that the contingent in the partnership will be motley. All current and global issues will be discussed and resolved at a general meeting, and if old people and young people live nearby, then it will be quite difficult to come to a common opinion.
If the association was created recently, then you need to bring in communications and build infrastructure at your own expense, but the cost of the plots is not high, when compared with the same DNP. Do not forget that you have to pay regular membership fees, although such payments rarely exceed 1 thousand rubles.
Exit SNT
There are different situations in life, and the land owner sometimes raises the question of whether it is possible to get out of SNT.
There is a certain algorithm for withdrawing from the membership of SNT, which should be followed:
- draw up a statement of withdrawal from the association in any form;
- convey to the chairman of SNT;
- the exit procedure is over.
Naturally, it is better to familiarize yourself with the documents of title, the exit procedure should be detailed in the Charter. As a general rule, the date of withdrawal from the membership of the SNT is the day of submission of the relevant application.
Application Requirements
To the question that often sounds on the forums "I want to get out of SNT, what to do, where to start?" - The answer is very simple: make a statement and leave the membership in the partnership.
To confirm the filing of the application, it is necessary to draw up two copies, on one of which the chairman must put a mark on receipt. This option should be left to the applicant.
If there is a conflict with the chairman, so that there are no questions about how to get out of the SNT, a statement can be sent by mail. Be sure to issue it by registered mail and with a notice so that confirmation of receipt of the document remains.
Sample Application
During the existence of gardening partnerships, a certain practice has already developed how to get out of SNT and how to make a statement.
A sample application is presented below.
To the chairman
SNT, name
FULL NAME. partnership member
Plot number
STATEMENT
Please exclude me from the structure of the SNT society (name). At the same time, I ask you to carry out the following actions:
- recount my share in cash or in kind;
- conclude an agreement with me, on the basis of which I can use and operate the common property (you can list the road, utilities, etc.);
- reconcile the settlements between me and SNT.
Date. Signature.
Forced Membership Termination
Not in all cases, "parting" with society occurs on a voluntary basis. In a number of situations, a member of the SNT is expelled by decision of the meeting of all participants:
- if one of the members of SNT violated the norms of the current legislation regarding membership in a partnership;
- violations by the expelled member are deliberate and systematic;
- if the participant was given an order to eliminate certain violations, but he never did.
The forced exclusion procedure should also be described in the partnership charter.
Agreement on the procedure for using engineering networks and other property of a partnership
If one of the members of the partnership wanted to leave SNT, then he must understand that now he will not have rights to the common property. It includes:
- electric communication poles, gearbox;
- Sewerage and drainage system;
- the roads.
It is clear that without all this it will be quite difficult to conduct gardening on your own.
However, the legislation is on the side of such persons and obliges the management of the partnership to conclude an agreement with the SNT on joint operation of property. In practice, not all chairmen are in a hurry to propose a draft agreement to a member who has left for consideration. Although it is beneficial to both parties: the company will receive additional income, from which it is possible to reimburse the cost of maintaining communications. A person who has left society will feel calm, operate all communications on the same terms, perhaps only with an increase in the cost of such services.
If the company has not forwarded or transferred the draft contract for consideration to the former participant, then the latter has the right to draw it up independently. Fortunately, you can always find an approximate sample, adjust it to your needs and send it to the SNT leadership yourself. In cases where the chairman of the company does not respond to a written appeal, the resigned participant has the right to appeal to the court for the protection of his rights.
You can also apply there if the draft agreement has been submitted for consideration, but it has very high tariffs or provisions that contradict the norms of the current legislation.
The consequences of refusal of membership in SNT
The procedure for how to get out of SNT is quite simple, but, like any action, has its consequences.
Former members of the partnership may have problems, for example, temporarily there are no funds to pay under the contract for the use of communications. In this case, the SNT board has the right to restrict access to them, to accrue interest on arrears until the debt is fully repaid. If the former member of the partnership does not repay the debt, the partnership has the right to file a lawsuit and recover from this person all the debt with all legal costs and penalties.
After making a decision to leave the SNT membership, the former member of the company will be deprived of the right to participate in meetings, will not obey the requirements of the charter, will no longer have to pay fees, such a person will not be able to become a member of the board.
Naturally, when concluding an agreement on the joint use of communications, it will allow unhindered operation of them for a fee. But besides the question of how to leave the SNT, another appears - how much will you have to pay under such an agreement? In fact, do not be afraid, the size of the fee cannot exceed the amount of contributions paid by the members of the partnership.
In principle, this is all that can bother a person if he wants to get out of SNT, (we examined the pros and cons).
What will happen to the site after leaving the partnership?
There are two cases in which a member of the partnership uses the land:
- without formalizing it on yourself;
- having issued all rights.
Most members of society before leaving SNT, draw up their land ownership. If even this is not done, then the board of the partnership cannot refuse to transfer the land into the possession of the former participant, such acts can be regarded as a violation of applicable law. In such a situation, the former participant is entitled to go to court.
Joint property
Before leaving SNT members, the participant paid membership dues. They from all participants should be directed to the acquisition of property, which will contribute to the normal operation of all communications. After leaving the partnership, the former member has the right to his share in the common property. The procedure for calculating such payments should be determined in the statutory documents. Compensation may be made in cash or in kind.
"Struggle" for electricity
Some partnerships cut off electricity as a measure of coercion to pay membership dues. Moreover, the task is simplified if an automated energy metering system is installed. But you should know that the SNT board does not have the right to cut off the supply of electricity, since the partnership is not an energy supplying organization.
The reasons for the shutdown can be found out from the neighbors and the chairman himself, if this is really a decision of the board, then you can safely prepare a statement to the police, and then safely go to court. The trial lasts at least 2 months, and if this happens regularly, at least 2 times a year, you will have to look for another way out of the situation.
The question is usually raised about how to get out of SNT by electricity. Indeed, in practice, this option is possible, but provided that there is a technical possibility. You have to go through a lengthy procedure and pay a lot of money, but never depend on the decisions of SNT.
To begin with, an application is submitted to the nearest energy supply company for technological connection. A plan for the placement of power receivers is attached to it, it may be necessary to draw up a project, although not all companies put forward such a requirement. Mandatory documents for the land plot and building, documents confirming the identity of the applicant or authorized person with a power of attorney must be attached.
At the second stage, the energy supplying company issues technical specifications whose validity period cannot exceed 2 years. The applicant during this time is obliged to bring all the characteristics of communications into normalcy with the involvement of the contractor. The work that needs to be done before the applicant’s site is carried out at the expense of the supplying company. After they are examined for compliance with technical conditions.
After the technological connection takes place , the act of demarcation of the balance sheet and the act of the technological connection is transferred to the consumer. Then a contract is drawn up, and a person is completely free from SNT in terms of electric energy consumption.
Analyzing the foregoing, no one should be tormented by the question of whether it is possible to get out of SNT. It is possible that the procedure is simple and does not entail disastrous consequences for the "individual" conducting horticultural activities at his site.