Cooperative for the construction of country houses. What is a dacha consumer cooperative: pros and cons. How to leave the association

30.03.2020

In accordance with the civil legislation of the Russian Federation (Article 11 b of the Civil Code of the Russian Federation) - a voluntary association of citizens and legal entities on the basis of membership in order to meet the material and other needs of participants, carried out by combining property share contributions by its members. PC. refers to non-profit organizations. Charter P.K. must contain, in addition to the information required for the charters of legal entities in general, conditions on the amount of share contributions of members of the cooperative; on the composition and procedure for making share contributions by members of the cooperative and on their liability for violation of obligations to make share contributions on the composition and competence of the management bodies of the cooperative and the procedure for making decisions by them, incl. on issues, decisions on which are taken unanimously or by a qualified majority of votes; on the procedure for covering the losses incurred by the members of the cooperative.

The name of the consumer cooperative must contain an indication of the main purpose of its activities, as well as. the word "cooperative", or the words "consumer union", or "consumer society". Members of P.K. are obliged, within three months after the approval of the annual balance sheet, to cover the resulting losses through additional contributions.

What are cooperatives? Types and features of cooperatives

Since the passage of the Cooperatives Act in 1926, farmers' associations such as cooperatives have proliferated in the United States. The Service of Farmers' Cooperatives explained to farmers what cooperation is and what advantages it provides. The beginning of the twenty-first century confirmed the vitality of the cooperative movement. Today, half of the farmers are part of cooperatives.

Another sign is democratic principles. Democracy in the leadership of a cooperative is manifested in the fact that only general meeting member-shareholders has the functions of the supreme management body. Intermediate structural units elected at the meeting, report to him. The equality of members of the cooperative consists in the possession of one vote, regardless of the number of shares.

DACNO - CONSTRUCTION COOPERATIVE

CONSUMER COOPERATIVE- according to the civil legislation of the Russian Federation, a voluntary association of citizens and legal entities on the basis of membership in order to meet the material and other needs of participants, carried out by combining property shares by its members ... ... Law Dictionary

consumer cooperative- A consumer cooperative is one of the varieties of cooperatives. A consumer cooperative is a voluntary association of citizens and legal entities on a membership basis in order to meet their own needs for goods and ... ... Wikipedia

What are the features of joining a dacha consumer cooperative and what is it

Few taxes. Perhaps, any citizen, even the most conscious, would like to pay less taxes. This is where the main advantage of the society in question lies. You won't have to pay much taxes. I must say that in the DNT the amount of tax payments will have to be transferred in a rather larger amount than in the KDP.
Small investment. In addition, one cannot fail to say that, in principle, you won’t have to invest a lot in such a dacha, since the buildings in such territories are already ready, which means you won’t have to build.

Maybe even have to go somewhere in the neighboring village to find a store. Accordingly, it is also not necessary to talk about any other infrastructure facilities.

You still have to pay. Even if you rarely come to the dacha and practically do not use the common property, you will have to pay share contributions.

Country consumer cooperative

horticultural consumer cooperative

horticultural consumer cooperative- a horticultural non-profit association of citizens (a horticultural or dacha non-profit partnership, a horticultural, horticultural or dacha consumer cooperative, a horticultural, horticultural or dacha non-profit partnership) ... ... Construction Dictionary

Charter of a horticultural (gardening, dacha) consumer cooperative

5.21. Membership fee - cash, periodically contributed by members of the Cooperative to cover the costs of maintaining the common property of the Cooperative and the costs of maintaining economic activity Cooperative: payment of taxes, fees and other payments established by applicable law; expenses for wages, maintenance of accounting and other expenses provided for by the estimate approved by the General Meeting of the members of the Cooperative.

9.7. The minutes of the General Meetings of the members of the Cooperative are drawn up within three days and signed by the Chairman of the meeting and the secretary, certified by the signature of the Chairman and the seal of the Cooperative and are kept permanently in the affairs of the Cooperative. Minutes of meetings and certified extracts from them must be provided to a member of the Cooperative at his request.

Creation and registration of a consumer cooperative

It should be noted that the charter must be accompanied by a list of members of the consumer cooperative indicating the last name, first name, patronymic, place of residence and details of the identity document of the citizen, as well as the name, location and bank details of the organization, if a member of the consumer cooperative is a legal entity.

However, in order not to violate the legislation of the Republic of Kazakhstan, it is necessary to rely on the requirements of the Law “On Non-Profit Organizations”, since the consumer cooperative is a non-profit organization and, therefore, the requirements of this Law apply to it.

Pros and cons of a dacha consumer cooperative

Dacha consumer cooperatives are created in order to achieve common goals for the construction, improvement and maintenance of the territory on which the houses of the participants of these associations will be located. These organizations are created exclusively on a voluntary basis. The purpose of creating dacha consumer cooperatives may also be to provide the village or several houses with the necessary infrastructure - roads, gas, water supply. Also, dacha consumer cooperatives can be created in order to ensure the cleaning of the territory, garbage disposal and for other needs. Goals for this organization are mainly set such that it is impossible or extremely difficult to achieve on their own.

It's time to properly understand what dacha cooperatives are, how and why they are created, and also to reflect on the advantages and disadvantages of such associations. In this article we will try to answer all these questions and bring them to a common denominator.

Charter of a dacha consumer cooperative - Aleshkino

improvement and landscaping of the territory, maintaining it in a condition that meets modern cultural and aesthetic requirements;
purchase and delivery in the interests of members of the Cooperative of planting material, garden and other equipment, building materials, fertilizers, pesticides, other necessary goods;
creation of a favorable ecological situation on the territory, appropriate conditions for gardening (horticulture, dacha farming);
creation and development of engineering, technical and social infrastructure of the territory, property and other public facilities;
repair and maintenance of engineering networks, roads and other public facilities at the expense of the Cooperative, both by the Cooperative's own resources and by contractors and individual entrepreneurs involved for these purposes on the basis of civil law contracts;
ensuring, in the event of creation, the working condition of water supply, electricity, sewage systems within the houses and land plots of members of the Cooperative, their emergency and current repairs;
attraction on a contractual basis specialized organizations and private individuals to ensure law and order in the territory, protect the property of the Cooperative and the property of its members;
organization of construction or construction on their own on the land plots of buildings, structures, structures allocated in accordance with the established procedure, necessary to achieve the goals of the Cooperative;
provision of trade, social, repair and other services to members of the Cooperative.

9.4. The chairman of the board of the Cooperative may be assigned other duties necessary to ensure the normal operation of the Cooperative, on the basis of internal regulations, regulations and instructions developed and approved by the board and the general meeting of members of the Cooperative in accordance with the Charter, with the exception of duties assigned by the charter to the general meeting of the Cooperative .

What is a dacha cooperative

cooperative- (cooperative) 1. Worker cooperative. A type of entrepreneurial organization common in labour-intensive industries such as agriculture and often associated with socialist countries. Creation ... ... Glossary of business terms

COOPERATIVE- (from lat. cooperatio cooperation) an organization based on the principle of individual membership in order to work together or meet other financial needs economic nature. The legislation of the Russian Federation distinguishes K. commercial ... ... Law Dictionary

Source: zakonandporyadok.ru

Having decided to change the city smog for clean country air, not all citizens can afford to purchase elite suburban real estate, and as an option, moving to cottage. The comfort of life in the country is ensured by the availability of basic amenities, such as water, gas, electricity and communication channels. But it is not always possible to conduct these communications to your site on your own. In such cases, a dacha consumer cooperative is created by the community of residents.

What is a dacha consumer cooperative

The very concept of cooperative means association of people based on membership, the main purpose of which is the satisfaction of general economic and social goals related to the achievement of the economic or other needs of members. A dacha consumer cooperative is an association of owners of dacha plots or other buildings in a horticultural community. Usually such a community is created on a voluntary basis if it is necessary to achieve any general goals for the construction, improvement or cleaning of the territory on which the summer cottages are located, as well as to achieve other material goals of community members. Goals for this organization are usually set such that it is difficult to achieve on their own.

The organization must have at least 15 individuals and 5 legal, each of which has the right to vote. KDP is registered as a non-profit organization, but has the right to conduct commercial activity if it helps to achieve common goals, and to establish various organizations or an entrepreneurial company for this.

The DPC operates on the basis of Charter, where the dimensions are written general contributions, conditions of entry and liability in case of non-compliance with the terms and conditions. After registration, the organization has its own bank account in the territory of the Russian Federation, its own stamp and emblem. All activities are regulated by the legislation of the Russian Federation, in particular the law 66-FZ"On horticultural, gardening and country non-profit associations of citizens." The difference between a dacha consumer cooperative and a garden or horticultural cooperative lies in the fact that on the territory of a dacha association it is implied construction of houses and their registration in the property, while others prioritize the development of the garden. Another distinguishing feature of the KDP is that the shares of the participants purchase property for common use, which is the property of the organization.

Benefits of creating a WPC

The main advantages of creating and participating in a dacha consumer cooperative include:

Plots that are under the control of the KDP, as a rule, at a price much lower than plots intended for individual housing construction.
If certain requirements are met, it is possible registration of registration on the ground of the DPC.
Share contributions are not very burdensome, however, with the correct and rational management of the organization, the results are quite large. For example, stretching water and gas to remote areas is possible only by making joint efforts. Also, cleaning and landscaping is under the constant control of the governing body of the association.
Land taxes are lower than with IZHS, since the society is formed mainly outside the city in the area of farmland.
Interests of citizens who have joined the dacha consumer cooperative presents the chairman, that is, the problems that have arisen on the site, if, for example, a pipe has burst or the electricity has been cut off, are solved jointly.
The profit received by the enterprise is divided among its participants according to the efforts, taking into account the personal contribution of each. In the same way, property is distributed in the event of liquidation of the community.
Tariffs for public Utilities in the KDP is lower than the tariffs within the city.
If the site is planned to be used only for giving, without the possibility of further registration, a building permit is not required.

Disadvantages of a dacha consumer cooperative

DPC is quite difficult to create. Participation of at least 15 individuals and 5 legal entities is required.
After the annual balance of the organization has been summed up, the resulting loss must be covered by all members of the cooperative within 3 months.
Difficulty with enrollment. You can register on the territory of the KDP only if: you prove that this is the only housing of the owner; with the help of an examination to prove that it is suitable for living; get a positive court decision and register the cottage as a place of permanent residence.
Since the KDP is often located far from the city, there are Difficulties with infrastructure and landscaping.
All solutions are members of the association take jointly, by voting at meetings and counting votes, very often the adoption of reasonable decisions is hindered by a simple human factor. The same applies to the choice of governing body. Each member of the cooperative has the right to vote.
All participants of the dacha consumer cooperative are equally responsible for any actions of the organization, and therefore equally subject to material costs.
Cooperative funds are formed from entry and share fees. In the event of an exit from the cooperative or the death of a shareholder, the entrance fee is usually not returned, the shares can be received by the heirs, but they will be able to participate in the general meeting only after becoming a member of the cooperative.

conclusions

To join a dacha consumer cooperative or not, everyone decides for himself. You can evaluate the performance of the organization by contacting chairman of the cooperative. If the site is planned to be used only in the summer for a summer residence, then the WPC is convenient for a comfortable life in the country. And in winter, again by the cooperative, the site is supervised, since very often watchmen are hired by a common decision.

All issues with utilities are resolved through the chairman, which significantly saves time and effort for the owners. If desired, your participation in the KDP can be limited only by annual contributions, but do not forget that under the legislation of the Russian Federation, the general meeting of the cooperative can exclude a shareholder from the members of the cooperative if he does not fulfill his obligations without good reason, or conducts activities that are detrimental to the cooperative.

If it is planned to build a residential building on the territory of the site, then it should be take into account a lot, from the possibility of permanent residence to the convenience of location, transport accessibility and the availability of basic life support facilities.

A dacha located on the territory of the KDP remains the property of the owner, even if he decides not to join the community, but the owner will have to deal with all the problems on his own.

Land plots are called parts of the earth's surface, the boundaries of which are defined in official documents. Their legal status, area and other characteristics are recorded in the state cadastre in accordance with federal law.

Land plots are one of the types of real estate, as well as an object of civil circulation. State bodies put forward uniform environmental requirements for all users. Their implementation is controlled by specialized enterprises. More often land appear at division, association or redistribution of the possessions which are in the state, regional, municipal property.

Types of land

The following types of land use are permitted by law:

LPH (personal subsidiary plot);
DNP (dacha non-profit partnership);
SNP, SNT, SEC (various horticultural associations);
KFH (peasant farming);
IZHS (individual housing construction).

Each allotment must be entered into the state cadastre. At the same time, the cadastral number, date of entry, area, description of the boundaries, address of the object, information about the cost are noted.

Personal subsidiary plot

Allotments for personal subsidiary farm may be issued within localities. They are allowed to build capital houses. It is assumed that the building will be part of a subsidiary farm. If the plots are located on agricultural land, the construction of houses is prohibited. In this case, the owner of the land can only grow useful plants.

With a compact development of settlements, two allotments are issued for conducting personal subsidiary plots. A smaller area is located within the settlement. It is intended for building a house. The larger lot is outside the settlement. Here the owners grow agricultural plants.

Dacha non-profit partnership

Allotments for dacha non-commercial partnerships can be issued exclusively on agricultural land. Capital construction is allowed on them. In the built house, the owner can live temporarily or permanently. Registration rights are not granted.

Horticultural associations

Associations of gardeners are created by citizens of Russia on a voluntary basis. They are designed to help members in the management of dacha farming, gardening, gardening. Horticultural associations are not created for profit. However, they are not covered by the Law on Non-Commercial Organizations of 1996. There are the following types of associations:

The Garden Non-Commercial Partnership (SNP) is a legally registered organization. All property of its participants (acquired and created) is the property of the enterprise. Members of the SNP are not responsible for the obligations of the organization.

Garden non-profit partnership (SNT) is somewhat different from SNP. The difference lies in the presence of "targeted contributions". The property acquired with their help is not the property of the partnership.

Members of a horticultural consumer cooperative (SEC) are required to cover losses at the end of the year with additional contributions. Members of the organization bear subsidized liability for the obligations of the association.

Peasant farming

Peasant farming is one of the types entrepreneurial activity associated with the management Agriculture. After registering an enterprise, its founder receives the status of an individual entrepreneur-farmer. The property of the KFH is the joint property of its members.

Peasant farming refers to private unitary organizations. However, its members have the right to create a full-fledged legal entity. In this case, the peasant farm is transformed into an organization created on the basis of property contributions from the members of the enterprise.

Individual housing construction

Individual housing construction is a way of supplying citizens with housing by building houses. Construction is carried out on the basis of personal property.

IZHS objects include detached buildings with a maximum of three floors. Moreover, only one family can live in each house. Residents are granted the right to register at the place of residence.

To obtain a permit for individual construction, it is necessary to attach the decision of the Head of Administration and the passport of the land plot to the application. If you intend to build an auxiliary building, you do not need to obtain a permit.

Differences between SPC and SNT

We buy a plot from a citizen in the SPK (horticultural consumer cooperative). The land is owned, a certificate from the regional chamber. We read the law 66-FZ, roughly understood that the common property in the SEC is created by share contributions and is the property of such a cooperative (legal entity). And one more thing, that the members of the SEC (unlike the members of the SNT) are responsible for the obligations of the SEC. There are actually four questions.

1. What are the advantages and disadvantages of SPC compared to, for example, SNT?

2. Can the current owner (seller) withdraw a share contribution from the SEC?

3. Can this share contribution be "transferred" to the buyer?

4. What generally needs to be done by the buyer to avoid improper expenses when joining the SEC?

Horticultural consumer cooperative, unlike snt

What is a dacha consumer cooperative? Description of the term.

Horticultural non-profit association of citizens (horticultural or dacha non-profit partnership, horticultural, horticultural or dacha consumer cooperative, horticultural, horticultural or dacha non-profit partnership) is a non-profit organization established by citizens on a voluntary basis to assist its members in solving common social and economic problems of gardening, gardening and dacha farming (horticultural, horticultural or dacha non-profit association).

See: Federal Law 66-FZ. On horticultural, horticultural and dacha non-profit associations of citizens

consumer cooperative

In accordance with the civil legislation of the Russian Federation (Article 11 b of the Civil Code of the Russian Federation) - a voluntary association of citizens and legal entities on the basis of membership in order to meet the material and other needs of participants, carried out by combining property shares by its members. PC. refers to non-profit organizations. Charter P.K. must contain, in addition to the information required for the charters of legal entities in general, conditions on the amount of share contributions of members of the cooperative; on the composition and procedure for making share contributions by members of the cooperative and on their liability for violation of obligations to make share contributions on the composition and competence of the management bodies of the cooperative and the procedure for making decisions by them, incl. on issues, decisions on which are taken unanimously or by a qualified majority of votes; on the procedure for covering the losses incurred by the members of the cooperative.

In case of failure to fulfill this obligation, the cooperative may be liquidated in court at the request of creditors. Members of P.K. jointly and severally bear subsidiary liability for its obligations within the limits of the unpaid part of the additional contribution of each of the members of the cooperative.

Country, horticultural and horticultural associations

Income received by P.K. from entrepreneurial activities carried out by the cooperative in accordance with the law and the charter are distributed among its members. The legal status of P.k., as well as the rights and obligations of their members are determined in accordance with the PS RF laws on consumer cooperatives.

DA regular non-profit partnership refers to associations of persons who have received land for their dacha in their possession.

According to the above law, it is provided for organizing the recreation of citizens with the right to erect various buildings and grow various crops.

At the same time, it is still necessary to erect buildings on a summer cottage, in contrast to a garden plot. It will be easier to register your residence in a house on such a site. But with the conduct of communications to the site, problems can also arise. If electricity or water supply is provided in summer cottages, then you will need to pay an annual fee for them.

The second is that the land for DNT and DNP was allocated for horticulture. That is, dacha and gardening associations practically did not differ.

By the way, dacha associations both existed and continue to exist (FZ No. 217). Only now everything that has the definition of "country" is now automatically considered "horticultural".

Where can you build a house, and where not?

Today, only two organizational forms remain - ONT and SNT. It is forbidden to build residential buildings on the territory of the ONT, only sheds for storing equipment. This is the main difference.

Pros and cons of SNT, ONT, DNT and SNK, ONK, DNA, as well as SNP, SNP, DNP

Relations arising in connection with the conduct of horticulture, horticulture and dacha farming by citizens are regulated by Federal Law No. 66-FZ of April 15, 1998 “On horticultural, horticultural and dacha non-profit associations of citizens”, hereinafter referred to as the Law. Based on the norms of a number of branches of law - civil, land, administrative, tax, etc., it also establishes legal status, the procedure for the creation, activities, reorganization, liquidation of such associations, the rights and obligations of their members.

Art. 4Z of the Law indicates three organizational and legal forms of existence of horticultural, horticultural and dacha non-profit associations: a partnership, a consumer cooperative and a non-profit partnership, giving citizens a free choice of any of them. Membership in these organizations is voluntary, therefore, there is an alternative - the maintenance of an individual garden, vegetable garden or country house on the territory of the association. The above organizational forms are extremely similar, but, nevertheless, there are a number of fundamental differences between them.

The first difference is the subject composition of the members of a non-profit association and the mandatory requirements for them.

The second difference concerns the form of ownership of public property acquired or created by one or another non-profit association. This refers to the acquisition or creation of public property at the expense of contributions from members of the association. The composition of the common property is defined in Art. 1 of the Law: “property (including land plots) intended to provide, within the territory of a horticultural, horticultural or country non-profit association, the needs of members of such a non-profit association in the passage, travel, water supply and sanitation, electricity, gas supply, heat supply, security, recreation and other needs (roads, water towers, common gates and fences, boiler rooms, children's and sports grounds, garbage collection sites, fire fighting structures, etc.)

Features of dacha non-profit associations: in which village is it better to buy a plot

Management of a suburban village can be carried out with the help of services management company or through an association created by the owners of the land plots themselves. Such associations can be in the form:

SNT, ONT or DNT - gardening, gardening and country non-profit partnership;
ONP, SNP and DNP - horticultural, horticultural and dacha non-profit partnership;
OPK, SPK and DPK - horticultural, horticultural and dacha consumer cooperative.

Their activities are regulated by the Federal Law "On GARDENING, GARDENING AND COUNTRY NON-PROFIT ASSOCIATIONS OF CITIZENS" No. 66-FZ of April 15, 1998.

The main differences between these associations are in the legal regime of common property, as well as in the responsibility of members for the obligations of a legal entity.