Amendments to the law on the common property of SNT confused summer residents
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New puzzle
On October 1, amendments to the Civil Code come into force, which will have a significant impact on the life of summer residents. They concern two things that most often cause heated discussions among members of the CNT. The first is how to use the common property of a horticultural partnership, the second is how to keep a record of votes at a general meeting.
Since October, amendments to the Civil Code, adopted in July, will come into effect, according to which it will be prohibited to privatize the common property of SNT.
“On the one hand, this is good,” says Fyodor Mezentsev, leader of the People’s Garden public movement, “now a dishonest chairman will not be able, for example, to sell a plot of land on which SNT planned to build a children’s or sports ground. It will not be possible to cut a little earth at the expense of the width of internal roads. However, after the amendments to the Civil Code come into force, gardeners will not be able to register common land in shared ownership. This will make the municipality feel bad, since the right of ownership is not formalized, which means that taxes will not go to the local budget. And the gardeners themselves are also not good enough: it seems that the land is listed as SNT, but it is not clear to whom it belongs!
Recall that now all the common property of the partnership can belong either to the SNT as a legal entity, or to all its members on the basis of common shared ownership. The more acres, the greater the share.
According to the expert, the amendments to the Civil Code not only did not add clarity to this controversial issue, but even more confused everyone. The same applies to the second issue – voting at the general meeting. Now each SNT decides on its own how to vote: one site – one vote, or count the votes in proportion to the number of SNT members, and somewhere – depending on the size of the site, that is, whoever has a larger site has more weight at the meeting. From October 1, the legislator puts the number of votes in direct proportion to the size of the plots.
“Now we advise our gardeners to fix the voting procedure in the text of the charter of the SNT. In principle, it is also possible to vote after the entry into force of the amendments to the Civil Code. But what if one of the owners of large land plots does not agree with such a decision and says: let’s go according to the law. Whose side will the court take? So far, this is an open question. If it turns out that all gardeners will be obliged to obey the new voting rules, then it is possible that in some cases the rights of indigenous summer residents who received their 6 acres back in Soviet times may be violated. One large landowner will appear in their SNT – and he will dictate his own rules of life to everyone else, and nothing can be done with him. The law is on his side,” warns Mezentsev.
The expert believes that these are not the latest innovations regarding the life of summer residents, there are too many controversial points in them. So if someone doesn’t really like them, hurry to register the common land as a shared property for members of the SNT and fix in the charter of the partnership the voting procedure at the general meeting that you like best. Until October 1, there is still time for this. Fortunately, the law is not retroactive.
Newspaper headline:
Puzzle for summer residents
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