Briefly about SNT
To understand what functions the chairman of the SNT performs, you need to understand the legal and actual status of the horticultural non-profit partnership - why it is created, what laws it is regulated by and how it relates to the rights and interests of members.
The main goal and reason for the formation of SNT is to unite individuals to jointly solve issues and problems of economic activity, social, technical and material support.
The created partnership of gardeners must be registered with the Federal Tax Service inspection at its legal address - the decision and minutes of the meeting of all participants, the charter of the partnership, the decision on the selection of the governing body and the head are submitted.
SNT is a society of owners of gardening plots who make regular contributions to jointly meet the needs on the territory, pay wages to hired and selected employees of the partnership, purchase the required inventory, equipment, etc.
Among the main joint needs that are fulfilled through SNT are landscaping, development of the necessary infrastructure, installation of engineering networks, communications, protection of the rights of owners by a single person.
Who can be the chairman of gardening partnerships?
Previously, the law stated that only a member of the partnership could be elected as chairperson of gardening partnerships. But this wording disappeared from Federal Law No. 217-FZ. As a result, a misunderstanding arose: does the chairman have to be a member of the SNT or can absolutely anyone apply for this position?
Who can become the chairman of SNT?
From Federal Law No. 217-FZ, the clause was removed that only a member of the partnership can be elected as the chairman of the SNT. This gave rise to the opinion that now anyone can hold this position. However, it is incorrect. Although this wording has disappeared from the law, only a member of the partnership can still be the chairman of the SNT.
The fact is that, according to the Civil Code of the Russian Federation, a gardening non-profit partnership is a corporate legal entity. The work of such organizations is based on membership. This means that the governing bodies of corporate legal entities can only be elected from their members.
Thus, there are no contradictions in the law. And the chairman of the gardening partnership can become:
- Member of SNT;
- Owner of the land plot;
- Another legal owner of the land plot. For example, if the site is in state or municipal ownership, and citizens own it on the right of lifelong inheritable ownership, permanent (indefinite) use, or are leased. Moreover, in order to become a member of the SNT, such citizens do not need any special permission from state authorities or local government.
Does the spouse of a SNT member have the right to become the chairman of the partnership?
Let us repeat once again that only a member of the partnership
. Not a relative, not a spouse, but a member of the SNT.
There are cases when the wife is the owner of the land plot and a member of the SNT, and the husband is elected chairman of the partnership. However, this is illegal. Only the owner of a land plot can become a member of the SNT and the chairman (Article 12 of Federal Law No. 217-FZ).
The Family Code of the Russian Federation states that both spouses have the right to a plot of land. However, this right arises as a result of division of property, inheritance, etc. In other circumstances, the owner is the one indicated in the certificate of title to property or an extract from the Unified State Register of Real Estate. Consequently, a spouse who is not the owner of the plot cannot be a member of the SNT, and therefore cannot be the chairman.
What to do if the chairman of the SNT is not the owner of the land plot?
If the chairman of the SNT is not a member, then this violation must be corrected urgently! Lawyers of Law Firm "Corporation" are ready to help you.
Depending on the situation, we will prepare:
— documents on the transfer of a land plot or its share to the chairman from a relative;
— documents for holding a general meeting for the re-election of SNT management bodies.
We are waiting for your calls by phone 8 (831) 416–40–50. You can also leave a request on our website.
Chairman of SNT
At the general meeting of the members of the partnership, the executive body of the company is elected - the board and the chairman, who is also the head of SNT, who is also the manager.
Hierarchy of power:
- general meeting of all gardener participants;
- meeting of authorized representatives;
- the board is the executive branch, accountable to the SNT meeting;
- Chairman - head of the board.
The chairman is obliged to act in the interests of the organization's participants and comply with the job description assigned to him.
The official instructions are formed at the general meeting and correspond to the provisions of Federal Law 66, adopted in 1998 on April 15. The law applies to SNT, as well as dacha and gardening non-profit organizations.
Every gardener needs to study the current law in order to get a clear understanding of their rights and responsibilities, the status of their SNT and the rights and responsibilities of the chairman of the partnership.
The board, respectively, and the chairman, are elected in accordance with the norms of the charter of the partnership for 2 years. The election of members of the body is carried out by secret voting. The number of board members is not regulated by law and is determined by the meeting at its discretion and in accordance with the charter.
Together with the chairman, his deputy and secretary of the board are elected.
Responsibilities
The head of the board of SNT must correspond to his competence - be aware of the features of managing a garden partnership and have administrative skills.
He is obliged:
- operate with legislative acts in the field of SNT;
- know the accepted internal regulations of the board and partnership;
- understand issues of labor protection, technical and sanitary safety, fire protection measures, civil defense;
- know budget documentation, legislation on taxes, statistics, extra-budgetary insurance, basic accounting provisions, etc.
The head of the board must not only comply with the specified points, but also monitor their compliance with other board employees.
An important function of the chairman is to ensure the implementation of decisions made. After all, the board is an executive body of power, which means it is obliged to take care of the actual implementation of the will of the SNT members or authorized representatives.
Job description
The document is drawn up at the general meeting of SNT members and attached to the minutes. The chairman reads his instructions and signs the receipt or agreement.
If changes need to be made to the instructions, the adjustments are also discussed at the general meeting of the team and accepted with the consent of the participants.
As a rule, with several changes, an additional agreement sheet is attached to the instructions. If a lot of adjustments have been made, then a new instruction is drawn up and adopted.
Content
Instruction points:
- participate in board meetings as chairman;
- endorse documents;
- issue powers of attorney based on your own certification;
- open current and other accounts in credit institutions;
- to make deals;
- monitor and control the implementation of decisions of the highest body of the SNT - the meeting of all members;
- ensure regular inspection of engineering systems, communications, equipment and machinery;
- ensure periodic inventory and assessment of property on the balance sheet of the partnership;
- interact with housing and utility services and suppliers of services and goods for SNT;
- exercise control over compliance with the obligations of the partnership to counterparties and contractors to the partnership;
- identify facts of violation of routines and orders and take actions to eliminate and prevent them;
- act as a representative of SNT in various public and private organizations;
- ensure technical, fire, sanitary and hygienic and other types of safety on the territory of SNT, administer the elimination of accidents and their consequences, actions during accidents;
- control the legal taking of readings from measuring instruments for public housing and communal services and their timely dispatch to public utilities to avoid delays and penalties;
- administer a system for informing gardeners about upcoming events - shutdown of utility systems, changes in legislation, convening of a general meeting, etc.;
- accept applications from SNT members and give answers to them;
- prepare quarterly and annual reports on activities and plans for further goals and objectives;
- ensure compliance with legislative norms - on office work and document management of non-profit organizations;
- check accounting data and the work of the SNT accounting department;
- organize periodic receptions for gardening participants;
- maintain data confidentiality in accordance with the company's charter;
- control the timely transaction of all necessary payments - wages, fiscal deductions, debts to suppliers and contractors;
- perform other duties.
Removal of the chairman from his position
The general meeting may remove the chairman from his position. This may be by choice or for some reason. For example, for failure to fulfill one’s duties, failure to show up for work without a good reason, for activities that cause damage to SNT.
In these cases, a regular or extraordinary general meeting is convened, the initiator of which may be
- audit committee
- board of the partnership
- gardeners in the amount of one fifth of the total
When the chairman is removed from office, the board is automatically dissolved. To do this, at least half of the partnership members must be present in person or by proxy, while absentee forms are NOT suitable for this type of decision.
At least one third of those present must vote for re-election. After this, a new board is elected and a new chairman is appointed.
Who appoints
According to the new law, the general meeting of the SNT has the authority to determine the amount of remuneration for the chairman of the SNT. A similar provision was in effect during the period of the old law on gardening (Federal Law No. 66-FZ).
Alexander Vasiliev
Lawyer
In accordance with Article 17 of Federal Law No. 217-FZ “On the conduct of gardening and vegetable gardening by citizens for their own needs,” the general meeting of members of a gardening partnership determines the terms of payment for the work of the chairman of the partnership, as well as other management bodies (board) and SNT employees.
Owners of plots who do not participate in the SNT have the right to attend a meeting with a similar agenda item, but do not have the right to vote on it (Clause 6, Article 5 of Federal Law No. 217-FZ).
For approval, SNT members are provided with an estimate indicating the positions of all employees of the partnership and the amount of their remuneration. As a rule, this estimate is presented by the board or the chairman himself, who is also responsible for its preparation.
An additional document regulating the issues of making payments may be the regulations on the remuneration of the chairman of the SNT. This document is approved by the general meeting of the gardening partnership and contains the amount, conditions and procedure for payments.
If the chairman determined his own salary
The chairman of the SNT does not have the right to independently determine the amount of regular remuneration or bonuses. To do this, a decision of the general meeting of SNT is necessary. The issue of remuneration is decided by the members of the gardening partnership.
If the chairman went beyond his powers and approved the payment of additional remuneration to himself, these actions are illegal. Members of SNT may recover any excess funds paid in court.
Salary or reward?
Both options are possible. The difference in terminology is explained by the peculiarities of formalizing relations with the chairman of the SNT. In the case of official employment in SNT at the main place of work or part-time, payments to the chairman are a salary.
Alexander Vasiliev
Lawyer
The activities of the chairman, carried out under a civil contract (civil agreement), are paid in the form of remuneration for services rendered. But in general, it is not recommended to conclude such an agreement, since in relation to such an agreement there is a risk of recognizing it as an employment agreement.
